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Home My WebLink About1977-07-27 277 Bozeman, Montana July 27, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 27, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Acting City Attorney Cmil and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on July 20, 1977, and the special meeting held on July 25, 1977, were approved as submitted. Construction of Planned Unit Develo ment on all B) - C) A) This was the time and place set for a pUblic hearing to consider the request of Olson-Springer to allow construction of Planned Unit Development consisting of 87 condominium units, 35 apartment units, and small area of commercial and professional offices. The PUD would be located on Block 4 of Thompson's 4th Addition and is bordered by Mason, Tracy, Black, and Hoffman Streets. The applicants seek preliminary or concept approval on the master plan of the development and final approval of the 12 unit first phase. Mr. Lowell Springer presented his Planned Unit Development to the Commission. I The Zoning Commission, after consideration of the Planning staff's report, gave conceptual approval to the Willow Brook PUD with the exception of the commercial portion, and table phase #1 of the development until the applicant supplies a more detailed submittal. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission endorse the conceptual approval to the Willow Brook Planned Unit Development. 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. B) This was the time and place set for a pUblic hearing to consider the request of David Penwell to allow construction of 12 condominium units on .89 acr~s of land. The site is located on the east side of Dell Place and south of East Story street. The site is zoned R~4 (Residential"Medium Oensi ty-Apartments) . After much discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that on-the-site inspection be made of the property and a decision be made one week from today. The motion was ca~ried by the following Aye ;. I and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissionerl.VandeVtanter, and Mayor Sedivy; those voting No, none. C) This was the time and place set for a public hearing to consider the request of Del Lichtenberg to allow the construction of a llO'xIOO' metal building at 105 commercial Orive. The legal description being a 22.397 square foot area in Block 1 of Bridger Center Subdivision. The proposed uses are a machine shop, a tuning shop, 278 and a car museum. The site is presently vacant and located in an M-l-T zone which requires conditional use review for its transitional designation. The Zoning Commission unanimously approved the conditional use permit request of Mr. Lichtenberg, with the elimination of item number four (4) under STAFF RECOMMENDATIONS being replaced with the applicant's plan, and the addition of I number five (5) to read: "That the landscaped area be at least 75% vegetative in nature. II The Commission concurred in the recommendation of the Zoning Commission, and it was moved by Commissioner Vandeventer, seconded ',by Commission MacNab, that the Commission approve the conditional use permit of Mr. Lichtenberg with the above conditions. 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. Continued discussion and decision - Em lo ee Residenc uirements A Acknow e ge emp oyees pet1tlon Three petitions were presented before the Commission -- two with approximately 100 signatures requesting a change in the residency requirements of City employees and one with 9 signatures to reaffirm the present policy. Following discussion, the City Manager recommended that the City affirm its present policy that all employees must live within the City limits. It was moved by Commissioner Vollmer, that the City reaffirm its policy that all City employees must live in the City. The motion died for lack of a second. I It was then moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission allow City employees to live within a 3~ mile radius of the City limits; that a mandatory review be required a year from today; and that home- sites for all emergency employees -- not only police and fire personnel -- would be subject to management approval, to ensure proximity to all weather roads and availability in the event of emergencies. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, and Commissioner Swanson; those voting No being Commissioner Vollmer, and Mayor Sedivy. Contract - Architects service for Senior Center The contract documents for Architects service by and between the City of Bozeman and Doug Rand, 37 East Main Street, Bozeman, for the construction of a new Senior Citizens center at the Southwest corner of Tracy and Tamarack Street was presented. It was moved by Commissioner MacNab, seconded ~y Commissioner Vollmer, that upon approval by the City Attorney, the contract documents for the Architects service by I and between the City of Bozeman and Doug Rand be entered into. 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. Proposal of new six story medical center adjacent to present Medical Arts Center- Don Nell Mr. Don Nell again appeared before the Commission regarding his proposal for a new six story medical center to be constructed adjacent to the present Medical Arts Center. -~ -- -~-_._--_.._---- - ----~ ...---- 279 Mr. Nell explained he had applied for a building permit but the Building Inspector was not able to approve the application as a result of the existing resolu- tion regarding major developments in the City. Mr. Nell was advised by the Commission that if his plans met all of the City I zoning and building codes that he would be issued a building permit and no future ordinances or regulations would prohibit the development of his proposed plan. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the existence of the resolution does not complicate the approval of the building permit and that the plans be approved as presented. 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. Outdoor storage in area City Commission chose not to rezone M-I - Bob Braun Attorney Michael M. Nash appeared before the Commission on behalf of Bob Braun in regard to storing precast concrete septic tanks on a tract of land on South Third Avenue extended. The tract of land is in an area known as "Patterson Siding". Mr. Nash advised the Commission that the above land is leased to Bob Braun and has been used for the storage of various materials since and before 1900 when J. L. Patterson formed the area. Mr. Nash further advised the Commission that the prior action in denying a I zone change would not affect the character of the prior non-conforming use. This would be determined by looking at the history of the land use prior to the adoption of the master plan. On or about the 24th of June, the Building Inspector informed Mr. Braun that the expansion of the non-confor:ming use would be in violation of the City Commission's decision not to rezone the site. Following a discussion, the Acting City Attorney proposed that City Attorney Berg submit a brief to Mr. Nash that would clarify the use of the area and that Attorney Nash schedule a future meeting. Discussion regarding smoking in Commission Room Mr. Robert Lupo appeared before the Commission requesting that smoking be prohibited in the Commission Room. After some discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the use of tobacco not be prohibited in the Commission Room, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, commissioner Vandeventer, I Commissioner MacNab, and Mayor Sedivy; those voting No, none. Salary Ordinance No. 994 Salary Ordinance No. 994 fixing the monthly salary and official bond of the City Manager, the heads of departments, and the employees of the City Commission as required by law has not been completed. 280 It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Salary Ordinance be delayed, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Swanson, Commissioner MacNab, Commissioner vollmer, and Mayor Sedivy; those voting No, none. Consider rescission Commission Resolution No. 1874 - Dealing with proposed developme~! I ordinance It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the rescission of Commission Resolution No. 1874 dealing with proposed development ordinance be postponed indefinitely until the review is received from the Planning Board and Zoning Commission. 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. Cystic-fibrosis Bike-A-Thon - Saturday, July 30, 1977 A request from Dave Miller to conduct a Cystic-fibrosis Bike-A-Thon fund drive to be held on Saturday, July 30, 1977, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that permission be granted to hold the fund drive, and 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. 1892 Amending Commission Resolution No. 1870 I Commission Resolution No. 1892 amending Commission Resolution No. 1870 to provide that the maximum interest rate on General Municipal Obligation bonds for the purpose of building and equipping a new senior citizens center shall not exceed seven percent was presented by the City Attorney. COMMISSION RESOLUTION NO. 1892 A RESOLUTION AMENDING COMMISSION RESOLUTION NO. 1870 TO PROVIDE THAT THE MAXIMUM INTEREST RATE ON GENERAL MUNICIPAL OBLIGATION BONDS FOR THE PURPOSE OF BUILDING AND EQUIPPING A NEW SENIOR CITIZENS CENTER FOR THE CITY OF BOZEMAN SHALL NOT EXCEED SEVEN PERCENT (7%) . It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1892 be passed and adopted. 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. App1icationfarBeer License - Softball Association, July 30-31, 1977 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for July 30-31, 1977, along with the required I fee. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Bozeman Softball Association, having met all requirements, be issued a license as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, and Mayor Sedivy; those voting No, none. 281 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, and the motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. A-- ATTEST: .~ /' tI-~ ?/fi<P . .b.;" ERNA V. HARD G V Clerk of the City Commission I I