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HomeMy WebLinkAbout1977-07-20 ~ ~-- .. Bozeman, Montana 2G9 July 20, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 20, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, c~mmissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and I the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on July 13, 1977, and the special meeting held on July 14, 1977, were approved as submitted. Public Hearings: a) Rezoning from R-3 to B-2 - Lot 13, Block 2, Richards Subdivisio~ Dan Edwards and Don Liebsch b) Amendment to Code - which would allow amusement and recreational activities as a Conditional Use in M-l Zone - Petitioner: John Abner, 504 15th Avenue c) Amendment to Zone Code - to authorize financial institutions in the B-2 zone - Petitioner: Planriing:~staff A) This was the time and place set for a public hearing to consider the request of Dan Edwards and Don Liebsch of 1632 West Main Street for a zone change from R-3 to B-2, Lot 13 of Block 2 of Richard's Subdivision. The site is locabed on the south side of Babcock Street approximately 800 feet east of South 19th Avenue. The applicant proposes to use the lot for employee parking. Since an agreement would not be reached on the legality of this question, the Zoning Commission asked the Planning staff to refer the question to the City Attorney for interpretation. I The Commission concurred in the recommendation of the zoning Commission and it was moved by Commissioner Vandeventer~ seconded by Commissioner MacNab, that the hearing be continued until a legal opinion has been received from the City Attorney. 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. b) This was the time and place set for a public hearing to consider the request of John Abner, 504 North 15th Avenue, to amend the zoning code to allow amusement and recreation activities as a conditional use in the M-I district. The applicant was not present,and, therefore, the Zoning Commission recommended the zone code amendment be tabled. It was moved by Commissioner MacNab, seconded py Commissioner Vollmer, that the hearing be continued in concurrence with the recommendation of the Zoning Commission. 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; thosevoting No, none. I c) This was the time and place set for a pUblic hearing to consider a zoning code amendment requested by the Bozeman City-County Planning Staff. The zoning code amendment would authorize financial institutions as a permitted use in the B-2 zone. The Zoning Commission, having held a public meeting and having considered the Planning staff's report, unanimously recommended approval of the zone code amendment to allow financial institutions as a permitted use in the B-2 district. ~- .270 -_.__.,_._~ It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the zoning code amendment as set forth above. 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. Public Hearings: a) Conditional Use Permit to allow a private school at 309 E. I Garfield - Petitioner: Jay Wilson b) Conditional Use Permit to allow mini-warehouse on a 1.25-acre tract of land 600 feet north of DTI building on North Rouse- Petitioner: D. Osterman a) This was the time and place set for a public hearing to consider the request of Jay Wilson for a conditional use permit to allow the usage of an existing church at 309 E. Garfield Street as a private grade school. The school would be for grades 1-6 and would use existing Sunday school facilities and equipment. The anticipated enrollment could reach 20 students. The Zoning Commission, after consideration of the Planning staff's report, recommended approval of the conditional use request with the following conditions: 1. That fencing (either chain link or wood) four feet high, be installed around the rear yard as shown in the staff workup. 2. That inspections by the Fire, Health, and Building Departments be made and any noted violations corrected before the use is initiated. 3. That enrollment of the school be limited to a maximum of 20 students. 4:, That the conditional use be reviewed by the staff "Zoning Commission" .- after one year of operation and any problems corrected or minimized at~ that time before the use is allowed to continue. I 5. That they provide an adequate loading zone or drop off point for the children. The Commission concurred with the recommendation of the Zoning Commission also concurred in by the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the conditional use permit application for Jay Willson with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MaCNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. b) This was the time and place set for a public hearing to consider the request of David Osterman for a conditional use permit to allow the construction of a complex of three warehouse buildings housing 180,100 square feet of rent-type storage units. The buildings will be of wood construction with metal roofing and siding. The entire complex will be enclosed by an eight foot high chainlink security fence. The ware- house will be constructed on a 1.25 acre tract of land on the east side of Rouse Avenue, directly south of J. F. Johnson Petroleum Trucking Terminal and some 600 feet I north of Summit Engineering. The Zoning Commission, after consideration of the Planning Staff's report, recommended approval of the conditional use permit application with the fOllowing conditions: 1. That signing be limited to one non-illuminated building sign of fifty square feet or less. _n__ 271 2. That access be provided off of Rouse Avenue with the stipulation that this access be closed (and landscaped) and access(s) be provided off of Bryant Drive within nine months after this street is constructed. 3. That a drainage design for the site be approved by the City Engineer prior to the issuance of a building permit. 4. That the required yard area on Rouse Avenue be landscaped with at least 75% I of the required landscaping being of a vegetative nature, to specifically include a minimum of two (Minimum 2 inch diameter) trees. Further, that when Bryant Drive is developed, that the 20 foot required yard area on Bryant Drive be developed in a like manner (minimum of 3 trees) to that on Rouse Avenue and within nine months of the completion of the street. 5. That all landscaping, paving, and drainage work be completed within 12 months of the occupancy of any portion of the building. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur with the Zoning Commission's recommendation and approve the conditional use permit application for David Osterman. 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 Hearings: Resolution No. 1878 - SID 580, Sanitary Sewer - College to Babcock between 15th and 19th A) Resolution No. 1888 - Creating SID 580 Resolution No. 1879 - SID 581, Paving West Koch & West Olive between 15th and 19th B) Resolution No. 1889 - Creating SID 581 Resolution No. 1880 - SID 582, Water - College & Babcock between 15th & 19th C) Resolution No. 1890 - Creating SID 582 Resolution No. 1885 - SID 584, Pavin 15th Between Koch & College D) Reso utJ.on No. - Creat1ng SID I This was the time and place set in Commission Resolution No. 1878 to hear the protests to the creation of Special Improvement District No. 580, for the construction of the Sanitary Sewer from College to Babcock between 15th and 19th Avenue. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon concurrence of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1888, entitled: COMMISSION RESOLUTION NO. 1888 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 580 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLA- TION OF SANITARY SEWER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: AN EIGHT (8) INCH LATERAL MAIN AND APPURTENANCES ON KOCH STREET, OLIVE STREET AND CUL DE SACS AND EASEMENTS BETWEEN SOUTH IS TH AVENUE AND SOUTH 19TH AVENUE, COLLEGE AND BABCOCK STREETS IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND I BACKFILL, BEDDING MATERIALS, SEWER PIPE, MANHOLES, WYES, LAMP HOLE S, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. as prepared by the City Attorney be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MAcNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. - - ~- -- ---~---_.- -- -- --~-~-----~~~~--_._-~_.~---~----~----'-"-----~---~- -- --------- ~---~ --~ -- 212 This was the time and place set in Commission Resolution No. 1879 to hear the protests to the creation of Special Improvement District No. 581, for the construction of paving West Koch and West Olive between 15th and 19th Avenues. Affidavit of pUblication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. I The Mayor declared the hearing closed and upon concurrence of the City Manager, it was moved by Commissioner Vandeventer, aeoonded by Commissioner MacNab, that Commission Resolution No. 1889, entitled: COMMISSION RESOLUTION NO. 1889 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 581 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUC- TION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO ON KOCH, OLIVE AND CONNECTING STREETS IN THE AREA LYING EAST OF SOUTH 19TH BETWEEN LINES PARALLELING WEST BABCOCK 200 FEET SOUTH AND 1307.29 FEET SOUTH, SAID LAND LYING IN THE NW 1/4, SW 1/4, SECTION 12, T2S, R5E, M.P.M., ALL IN THE CITY OF BOZEMAN. as prepared by the City Attorney 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, Commissioner Swanson, and Mayor Sedivy; those voting No, none. This was the time and place set in Commission Resolution No. 1880 to hear the protests to the creation of Special Improvement District No. 582, for the'construc- I tion of watermains on College and Babcock between 15th and 19th Avenues. Affidavit of publication..of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon concurrence of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1890, entitled: COMMISSION RESOLUTION NO. 1890 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 982 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF LATERAL WATER MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES, MORE SPECIFICALLY AS FOLLOWS$ A SIX (6) INCH WATER MAIN AND APPURTENANCES IN OLIVE, AN EXTENSION FROM OLIVE TO KOCH ON ABOUT l6..H AVENUE AND CUL DE SACS ON APPROXIMATELY 17TH AND 18TH AVENUES, AND VARIOUS EASEMENTS BETWEEN SOUTH 15TH AND SOUGH 19TH, AND BABCOCK AND COLLEGE STREETS. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, CAST IRON WATER MAIN, VALVES AND FITTINGS AND HYDRANTS, SERVICE LINES AND OTHER NECESSARY APPURTENANCES TO PROVIDE WATER TO ALL LOTS IN THE DISTRICT. as prepared by the City Attorney be passed and adopted. The motion was carried by I the following Aye and No vote: those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy: those voting No, none. This was the time and place set in Commission Resolution No. 1885 to hear the protests to the creation of Special Improvement District No. 584, for the construc- tion of paving 15th Avenue between Koch and College. Affidavit of pUblication of --- ----~-- ----- ------- - --_._._...._~- ________n _ -_.~-- 27:1 Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon concurrence of the City Manager, I it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commis- sion Resolution No. 189l, entitled: ,'.', J' '"'"'.'", 7--"' COMMISSION RESOLUTION NO. 1891 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 584 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO ON SOUTH 15TH AVENUE IN THE CITY OF BOZEMAN. as prepared by the City Attorney be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Request to vacate alley from Martel parking lot east to Grand (cont'd from 7/13/77) Having continued action on the request of Mr. & Mrs. Patrick Morris and Mr. Harry Larson for a period of one week for additional study and an on-the-site inspec- tion, the request was again presented for discussion and final action. /MacNab, Following discussion, it was moved by Commissioner, seconded by Commissioner Vollmer, that the request to vacate the alley between North Grand Avenue and North I Third Avenue ,between lots 1-3 (owned by Mr. Harry Larson) and lots 18-20 (owned by Mr. & Mrs. Patrick Morris) of Block C, Tracy's Second Addition be denied and that a slow sign be erected at the exit of the alley. 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 It was then moved by Commissioner Vollmer, seconded by Commissioner Swanson, that parking be eliminated on the east side of North Grand Avenue between West Mendenhall Street and West Peach Street. 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 FOllowing further discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Bozeman Pedestrian-Traffic Safety Committee be instructed to make a study on setbacks from the alley. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Swanson, Commis- I sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Determination of City's right to establish 15 mph speed zones Having continued a request to place fifteen miles per hour speed limit signs in all school zones and having received a negative recommendation from the Traffic Safety Committee and an adverse opinion from City Attorney Ben Berg, it was moved by commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission 74 accept the City Attorney's written opinion. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Request to allow a cloth sign at the Downtowner Mall I A letter received from the Downtowner Mall Association requesting permission to hang a cloth sign above the entrance to the mall at 13 South Willson Avenue was presented. The sign would be a fire retardant material such as presently used by some stores as awnings. The sign would extend from the top of the building to just above the mall entrance. The commission concurred with the recommendation of the City Manager and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the request to hang a cloth sign above the entrance to the mall at 13 South Willson Avenue be denied. The motion was carried by the following Aye and No vote: those voting Aye bei~g Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Consideration of contract for architect services for Senior Center The contract for architect services for the construction of the Senior Center was presented. The Commission concurred in the recommendation of the City Manager that the contract be deferred for a period of one week for further study. I ordinance No. 993 - Appropriation Ordinance for provisional passage, Hearing August 3 Ordinance No. 993 appropriating monies for expenditures deemed necessary and in accordance with budgetary requirements for maintenance, etc., was presented, entitled: ORDINANCE NO. 993 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND IN ACCORDANCE WITH BUDGETARY REQUIREMENTS FOR MAINTENANCE, ETC., OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BOZEMAN, MONTANA, FOR THE FISCAL YEAR ENDING 30 JUNE 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 993 be provisionally passed and adopted and that August 3, 1977, be set as the date for the pUblic hearing. 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, nore Application for Beer License - Story Distributing - Freeway Texaco A request from Story Distributing for permission to obtain an on-premise City beer and Wine license, along with the required fee, was presented. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Story Distributing be granted a license to sell beer and wine as requested. 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. 275 Appointment - Library Board Mayor Sedivy announced his appointment of John Parker to the Library Board effective July 1, 1977. John Parker replaces Ed Howard whose term ended on June 30, 1977. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in Mayor Sedivy's appointment. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Commissioner Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandevente;., seconded by Commissioner MacNab, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, CommissionerSwanson, and Mayor Sedivy; those voting No, none. .A. ATTEST: ~~/~ ERNA V. HARDI I Clerk of the City Commission -- I