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HomeMy WebLinkAbout1979-12-12 The applicant seeks a Zone Map Change which would reclassify the zoning on approximately three and one-third acres from A-S to R-3. The property is located l,330 feet east of Gooch Hill Road and north of and adjacent to the Farmers Canal. The City Manager recommended approval of the Zone Map Change. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for a Zone Map Change from AS to R-3. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Comm- issioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Decision - Zone Map Amendment - Planning Staff- Chapter 18.45.020 B-2 Community Highway District permitted uses Action was delayed on the request of the Planning Staff for a Zone Map Amendment for a period of one week. The amendment to the B-2 District of the Bozeman Zoning Code would delete shopping centers as a permitted use and instead reclassify this use as a conditional use in the B-2 District. If the amendment is approved, community residents as well as review boards and the City Comm- ission would have ample opportunity to evaluate the relative merits and minimize, through attached conditions, potential impacts of all proposed shopping centers. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request to amend Section 18.45.020 of the Zoning Code. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Decision - Comm. Res. 2143 - Create SID 617 - Pave alley Block c, Original Townsite The decision on Commission Resolution No. 2143, SID No. 617, paving the alley between Babcock and Main Street, and South Bozeman and Rouse Avenues, having been delayed for a period of one week, was brought before the Commission. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the creation of Special Improvement District No. 617, and instruct the City Attorney to draw up a resolution creating the district to be brought in for action on December 19, 1979. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Public hearing - Zone Code Amendment - Planning Staff - Chapter l8.72.l50 Conditional Use uses Shopping Centers as Conditional Use in B-2 District This was the time and place set for a public hearing to consider au amendment to the B-2 Community Highway Business District which would delete shoppings centers as a permitted use and instead reclassify this use as a Conditional Use in the B-2 District. The magnitude of this particular use would seem to warrant its inclusion under the conditional use section. The potential impact to existing and proposed neighborhood as well as to the City itself would seem to provide a justified basis requiring this u~to comply with the City's conditional use criteria. I 338 Bozeman, Montana December l2, 1979 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 12, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Comm- issioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Planalp, and the Clerk Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, December 5, 1979 were approved as submitted. Decision - Zone Map Change - Frank J. Trunk, Jr. - AS to R-3 Action was delayed on the request of Frank J. Trunk for a Zone Map Change for a period of one week. I I If the amendment is approved, community residents as well as review boards and the City Commission would have ample opportunity to evaluate the relative merits and minimize, through attached conditions, potential impacts of all proposed shopping centers. The Planing Director presented the staff report which recommended approval of the proposed zone code amendment. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, December 19, 1979. ~,' f'.", r' .', ,) ;j ;j Public hearing - Comm. Res. 2149 - 1978 Walk & Curbs - $103,825.46 - for final passage This was the time and place set for hearing Commission Resolution No. 2149, levying and assessing taxes upon certain properties in the City of Bozeman, Montana, to defray the cost of constructing and installing and/or repairing miscellaneous sidewalks and curbs for the year 1978. I There being no one present to protest or no written protests on file, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission waive the one- week waiting period and pass and adopt Commission Resolution No. 2149 levying and assessing the taxes on the 1978 Walk and Curb program in the amount of $103,825.46. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Public hearing - Conditional Use Permit - Del Lichtenberg - construct 5,500 sq. ft. bldg. 1408 Gold Avenue - Bomont Center Subdivision I This was the time and place set for a public hearing to consider the Conditional Use Permit for Del Lichtenberg. The applicant seeks a conditional use permit which, if granted, would allow the constru- ction of a 5,500 square foot building to be used for dry storage warehousing. The site is located at 1408 Gold Avenue in the Bomont Center Subdivision. The Planning Director presented the staff report which recommended approval of the conditional use permit with conditions. The Mayor declared the hearing closed and a decision will be forthcoming on December 19, 1979. Petition - Create SID on Lea Avenue & Griffin Drive - Tom Burgener A letter received from several property owners located in the Gordon Mandeville State School Subdivision, petitioning the City of Bozeman to create a Special Improvement District for the purpose of construction and installation of water lateral mains on the above described property, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission acknowledge receipt of the petition. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Commission Resolution No. 2153 - Intent to Create SID 619 - construct water mains - Lea Avenue Gordon Mandeville Subdivision - T. Burgener - hearing January 9, 1980 Commission Resolution No. 2153, declaring the intention to create SID No. 619, Water Lateral Main construction on Lea Avenue, Gordon Mandeville State School Subdivision, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2153 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 619 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROP- ERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTENANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. I It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission pass and adopt Commission Resolution No. 2153, and January 9, 1980, be the date set for a public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, Commissioner Vande- venter, and Mayor Sedivy; those voting No, none. Montana Bank - Comm. Res. 2154 - approve proceeding with the issuance and sale of bonds COMMISSION RESOLUTION NO. 2154 RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF $4,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MONTANA BANK OF BOZEMAN PROJECT) SERIES 1979 was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Comm- ission Resolution No. 2154 approving proceeding with the issuance and sale of $4,000,000 $15.00. I (+CO of industrial development revenue bonds be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy. Commissioner Swanson abstained. Special Provision - Christmas Holiday Parking downtown The staff met with the Retail Merchants' Association, the Downtown Merchants' Association, and representatives of the Bozeman Parking Commission regarding monitoring of on-street lots, monitory of on-street parking--with or without meters. The City Manager advised the Commission that the merchants are desirous of providing free parking for the Christmas season and have agreed to pay the City fifty cents a day per meter for two-hundred meters or a total of $900.00 a day. Mr. Gesko further stated that some of the meters have white and red bags on them, but that bag or no bag, all parking slots are free. The meter maid will be chalking tires because the parking is free for only two hours. Anyone parking in a stall longer that two hours will pay an overtime parking fine of $1.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Comm- ission approve the special provisions for the holiday parking. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Mac- nab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sediyv; those voting No, none. Fine Schedule - parking downtown not to become effective until the ordinance is revised The City Manager presented the proposed fee schedule for overtime parking. Meter violations and violating two hour parking regulations will become a $2.00 fine. The cost of postage for handling and returning such tickets will be continued. All other parking violations, including loading zones, forty-eight hour violations, out of stall, wrong side. restricted zoning, alley parking, and private parking will now be $5.00. Failure to pay either of these catagories within seventy-two business hours (excluding Saturday, Sundays and Holidays) will result in a doubling of the fine. Overtime parking violations are $4.00 after seventy-two hours and all others will be $10.00 after seventy-two hours. The fine for parking in a fire lane or near a fire hydrant will remain unchanged at I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the above fee schedule. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Swanson. Contract with lending institutions - Housing Rehabilitation Loans Agreements initiated between the following lending agencies and the City of Bozeman for the Housing Rehabilitation Program were presented. Empire Federal Savings and Loan of Bozeman First Bank of Bozeman First Security Bank of Bozeman Home Federal Savings & Loan of Helena Montana Bank of Bozeman Western Bank of Bozeman It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the agreements for the Hou~~gRehabilitation Program as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Cemetery Department - authorize "Call for Bids" 1 ton truck - Bid opening December 26 The Cemetery Department has need for a new truck and the City Manager requested author- ization to call for bids for the purchase of the truck. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for the truck, and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" to be opened on December 26, 1979. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Discussion - re barbed wire in Industrial Zone I The Building Inspection Department noticed a new installation of chain-link fence, with three strands of barbed wire running along the top. The code prohibits any barbed wire within the city. Further inspection would indicate that there are several other similar installations of barbed wire, apparently all in violation. ('"", ~ ':UI I The City Manager advised the Commission that perhaps barbed wire is an appropriate in- stallation in an industrial zone. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the staff review the appropriate codes that would allow for limited use of barbed wire within the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Continued discussion - application for kennel license - Greg and Melinda Poncelet Having continued the discussion on the application for a kennel license for Greg and Melinda Poncelet, it was brought back for a decision. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Comm- ission approve the kennel license for the year ending December 31, 1979. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Approve and file reports - Director of Public Service for October Library for November Building Inspector for November The City Manager commented on the report of the Director of Public Service, the Library report, and the report of the Building Inspector and recommended they be accepted and ordered filed. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. EDMUND P. SEDIVY, Sr., Mayor ATTEST: z:/.. ~ /,,"-n~ ,?< " , ERNA V. HAR lNG, Clerk of the City Commission I