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HomeMy WebLinkAbout1977-08-03 28~ ..~ Bozeman, Montana August 3, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 3, 1977, at 1:15 o'clock p.m. tlese~t were ~a~~r Sedivy, Commissioner Vollmer, / ty anager e 0, Commissioner Swanson, Commissioner Vandeventer, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on July 27, 1977, were approved as submitted. Authorize Absence of Commissioner MacNab, 3 August 1977 I Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab, from this meeting, be authorized in compliance with Section 11-3245, R.C.M., 1947, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; tthosevoting No, none. Continued hearing and decision on the PUD (Dell Place) - David Penwell Having continued the hearing on the request of David Penwell pending an on-the-site inspection, it was again presented for discussion and a final decision. The applicant seeks a conditional use permit which, if approved, would allow the construction of 12 condominium units on .89 acres of land, and located on the east side of Dell Place and south of East Story Street. The site is zoned R-4 (Residential-Medium Density Apartments). The Mayor declared the hearing open for the purpose of receiving new information and additional comments from persons protesting the PUD as well as from persons representing the proposed development. The maps indicated that Penwell owns the shoreline on both sides of the creek and the City Attorney was concerned with the dam in the stream which is attracted to the children. Having reviewed the Planning staff's report, the Zoning Commission unanimously approved the conditional use permit request of David Penwell for a PUD with the following recommendations: 1. The development of the subject property shall conform to the final site plan to be submitted to and approved by the Planning Department. 2. The final convenant and homeowners agreements are to be reviewed and approved by the Planning staff. 3. The final landscaping, fencing, lighting, and signing plans be submitted to and approved I by the Planning staff. A l7-square foot maximum entry sign be allowed, non-blinking and non-illuminated. 4. Drainage provisions for the site shall be subject to the approval of the City Engineer. The approved final drainage plan will be submitted with the final development plan. 5. A final improvements agreement will be submitted for staff review and approval prior to the issuance of any building permits. 6. No parking in front of Building Number One. 7. A fire hydrant will be located on the site to the satisfaction of the City Engineering and Fire Departments. 8. The Montana Flour Mills easement shall be removed prior to issuance of any building permits. This must be resolved prior to the submittal of final site plans. Also, the City Engineering Department shall determine the status of any existing use easement that might exist on the property. 9. All property line setbacks for any buildings shall be a minimum of 8 feet. It would seem that the small structure would be better desinged to work in that area and with that in mind the City Manager recommended the PUD be authorized. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission reject the PUD on Dell Place based on community input. Those voting Aye being Commissioner Swanson; those voting No being Commissioner Vandeventer, Commissioner Vollmer, and Mayor Sedivy. The motion died for a lack of a majority. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission I approve the conditional use permit request of David Penwell and that communications between the developer, the neighborhood people and the Planning department be continued to come up with a final plan which will meet with everyone's satisfaction. It was then moved by Commissioner Vollmer, that the motion be amended to read that a six-foot fence be installed around the surrounding area. The amendment to the motion died for lack of a second. The second motion made by Commissioner Vandeventer and seconded by Commissioner Vollmer was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Com- missioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. .283 Public Hearings - Zone Changes: A - Don K. Weaver - Reclassify a 3 acre tract on Kagy west of and adjacent to the Valley View Club House from RS-l to R-O; and a 4.3 acre parcel south of and adjacent to the above tract from RS-l to R-2 This was the time and place set for a public hearing to consider the request of Don K. Weaver to reclassify a 3-acre tract on Kagy west of and adjacent to the Valley View Club House from RS-l (Residential Suburban Country Estates) to R-O (Residential-Office) and a 4.3-acre parcel south of I and adjacent to the above tract from RS-l to R-2 (Single Family-Medium Density). The rezoning was requested so that business offices and single family units could be developed. The applicant had withdrawn the application for zone change on the 4.3 acre parcel south of and adjacent to the above tract from RS-l to R-2. Attorney Roy Keister presented a statement from Don K. Weaver certifying that if the North three acres are classified as RO zoning, each of the structures will be chalet type buildings to be occupied by electrical engineers from 8 a.m. to 6 p.m. They are not being built for resell. The City Manager read letters -- both pro and con -- from property owners in that area. Mr. Van Noy recommended a modification to the zone change making it an R-OT zone. This modification should protect profile development. The City Manager recommended the zone change from RS-l to R-OT, and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission approve the zone change from RS-l to R-OT on the 3-acre tract. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No being Commissioner Swanson. B - John Abner - Zone Code Amendment - to allow amusement and recreational activities in the M-l district This was the time and place set for a public hearing to consider the request of John Abner to allow amusement and recreational activities as a conditional use in the M-l districts of the City. Mr. Abner withdrew his application. Based upon the Planning Staff's suggestion, the Zoning Commission amended the code to allow I amusement and recreational activities in the M-l zone. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve amending the zoning code to allow amusement and recreational activities as conditional uses in the M-l zone 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 Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. C - D. Edwards and D. Leibsch - Zone Code Amendment from R-3 to B-2 - Lot 13, Blk 2, Richards Sub. on south side of Babcock Street, approximately 800' east of South 19th Avenue This was the time and place set for a public hearing to consider the request of D. Edwards and D. Leibsch to rezone from R-3 to B-2, Lot 13 of Block 2 of Richard's Subdivision. The site is located on the south side of Babcock Street, approximately 800 feet east of South 19th Avenue. The site is presently vacant R-3 property, and the applicant proposes to use the lot for employee parking. The Zoning Commission recommended approval of the zone change request along with a "T" designation attached making it a B-2-T zone. D. Edwards and D. Leibsch asked that the "T" designation be removed so that they are able to put in the parking lot when they are ready. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that we amend the zone code amendment from an R-3 to B-2 and remove the "T" designation, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Public Hearings - Conditional Use Permits: I A - John Abner - construction of 50' x 90' structure for use as gymnastic school and health spa - site zoned B-2 This was the time and place set for a public hearing to consider the request of John Abner to allow construction of a 50' x 90' structure to be used as a gymnastic school and health spa at 212 North 8th Avenue which includes a portion of Lot 12 and all of Lots 13, 14, 15 and 16 of Block 9 of Spring-Brook Addition. The site is zoned B-2 which does allow amusement and recreational activities as a conditional use. _--OO-.A__________ __ ~_~~ 284 The Zoning Commission, after consideration of the Planning staff's report, recommended approval to John Abner's conditional use application with the following conditions: l. That signing be limited to one (1) 22 square foot, non-illuminated, or indirectly illuminated, flush mounted building sign. 2. All lighting shall be shielded or directed away from the surrounding residences. 3. That75% of the required yard area be landscaped with vegetative material. The landscaped area shall be maintained and specifically include three trees (minimum 2 inch diameter) I per street frontage. 4. A five (5') foot minimum solid fence shall be constructed to separate the parking area from the surrounding residences. 5. Drainage to be approved by the City Engineer. 6. The applicant is to submit to the Building Official, an agreement to lease seven (7) parking spaces from the vacant site to the north. 7. All required site improvements be made within twelve (12) months of issuance of the conditional use permit. 8. If the applicant's site plan is used, West Beall Street shall be improved to a minimum gravel standard, subject to the approval of the City Engineer. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the conditional use permit of Mr. Abner with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. B - Gene Cook - 2,000 sq. ft. addition to True Value building located at 2630 W. Main for use as radio business - located in B-2 zone directly across street from Mountain Bell This was the time and place set for a public hearing to consider the request of Gene Cook to allow construction of a 2,000 square foot addition to the proposed True Value building located at 2630 West Main Street. The addition would house a radio business. The new addition necessitates changes on the approved site plan as well as review of the new use and its requirement. The site is located in a B-2--zone located directly across Main Street from the Mountain Bell warehouse. I The Zoning Commission, after consideration of the Planning staff's report, unanimously recom- mended the conditional use permit request of Gene Cook with the changes in signing for the Radio Shack to allow the use of an 80 square foot sign, and the signing for the True Value Hardware Store for a 75 square foot sign on the front and a 90 square foot sign on the side. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the conditional use permit request of Gene Cook with the changes in signing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Commission Resolution No. 1893 amending Commission Resolution No. 1870 - Changing date of sale of bonds for Senior Center from August 24 to August 31 Commission Resolution No. 1893 amending Commission Resolution No. 1870 to change the date of sale of municipal general obligation bonds from August 24, 1977 , to August 31, 1977, was presented by the City Attorney. COMMISSION RESOLUTION NO. 1893 A RESOLUTION AMENDING COMMISSION RESOLUTION NO. 1870 TO CHANGE THE DATE OF SALE OF MUNICIPAL GENERAL OBLIGATION BONDS FROM AUGUST 24, 1977 TO AUGUST 31, 1977 , AT THE HOUR OF 1:30 O'CLOCK P.M. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1893 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, and Mayor Sedivy; those voting No, none. Commission Resolution No. 1894 - Designating Mayor Sedivy and Samuel Gesko to sign EPA documents - I water pollution control Commission Resolution No. 1894 authorizing Mayor Sedivy or City Manager Gesko to execute and file an application with the United States Environmental Protection Agency was presented. COMMISSION RESOLUTION NO. 1894 RESOLUTION AUTHORIZING FILING OF AN APPLICATION WITH THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE WATER POLLUTION CONTROL ACT, (33 U.S.C. 466, et seq.). --------- ---~ .285 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1894 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Commission Resolution No. 1895 - Condolence to widow and family of Harley Celander Commission Resolution No. 1895 expressing appreciation of the faithful services rendered by I Harley Celander and extending condolences and sympathy to his widow, family, relatives, and friends was presented. COMMISSION RESOLUTION NO. 1895 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXPRESSING APPRECIATION OF THE FAITHFUL SERVICES RENDERED BY HARLEY CELANDER DURING HIS TERM OF EMPLOYMENT AND EXTENDING CONDOLENCES AND SYMPATHY TO HIS BEREAVED WIDOW, FAMILY, RELATIVES AND FRIENDS. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. 1895 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Commission Resolution No. 1897 - Condolence to widower and family of Helen Fargo Commission Resolution No. 1897 extending condolences and sympathy to the bereaved widower and family was presented. COMMISSION RESOLUTION NO. 1897 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING CONDOLENCES AND SYMPATHY TO THE BEREAVED WIDOWER AND FAMILY OF HELEN FARGO. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. 1897 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Reports: Monthly Police - Monthly Building Inspector The following reports were presented: -. I - Monthly Police Monthly Building Inspector The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports be approved and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Reminder of MHD Public Hearings: A - Kagy Boulevard - August 3, 1977 B - 19th Avenue - Babcock to Durston - August 4, 1977 The City Manager reminded the Commission of a public hearing to be held on Wednesday, August 3, 1977 , at 7:30 p.m. for the purpose of discussion the proposed location and major design features of a highway construction project on the southern edge of Bozeman. The project extends along Kagy Boulevard from South Third Avenue easterly 5800t feet to Highland Boulevard. The City Manager reminded the Commission of another public hearing to be held on Thursday, August 4, 1977, at 7:30 p.m. for the purpose of discussion the proposed location and major design features of a highway construction project in Bozeman along North 19th Avenue between West Babcock and Durston Road. Bozeman Softball Association - Beer License - August 6-7 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for August 6-7, 1977, along with the required fee. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Bozeman I 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, Commis- sioner Vandeventer, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Public Hearing - Ordinance #993 - Appropriation Ordinance This was the time and place set for public hearing on the appropriations Ordinance No. 993 for the fiscal year ending June 30, 1978. Affidavit of publication of Notice of hearing was presented. No formal protests had been filed in opposition to the adoption and passage of the proposed ordinance and accompanying annual appropriation budger. \2'86 Following discussion, the Mayor declared the hearing on Ordinance No. 993 closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Clerk of the Commission be authorized and directed to publish the ordinance as required by law, Section 11-3319, R.C.M., 1947. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Special Meeting - Monday, August 8 - 12:00 noon - Set Mill Levy The City Manager reminded the Commission that a special meeting was called for on Monday, I August 8, 1977, at 12:00 noon to discuss and set the tax levy for the year 1977-1978 in accordance with Section 11-1406(5), R.C.M., 1947. New City Commission Policy re public hearings on agenda It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that effective today the City Commission policy be as follows concerning public hearing items that have been placed on the agenda: a) that no Commission decision be made on the same date as the public hearing is held unless otherwise directed by the majority of the Commission, and b) that no action be taken for at least a week for the purpose of on-site visitation and more deliberation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Swanson, 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 Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Sedi~y;~ose ~voting N~, none. ./'/ ~ / ~~'-- d~7 ~ EDMuND P. SEDIVY,/ S(-{Mayor ATTEST: ~ ~ //~~ /~--....,. -. . I ERNA V. HARDING( Clerk of the City Commission I