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HomeMy WebLinkAbout1977-08-10 288 Bozeman, Montana August 10, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August la, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on August 3, 1977 , and the special meeting held on August 8, 1977, were approved as submi tted. I Public Hearings - Zone Changes: A - Frank J. Trunk & Son - Reclassify an 8.3 acre parcel from R-3 to B-2 North of and adjacent to King Arthur Mobile Home Park and fronts on U.S. Highway 191 This was the time and place set for a public hearing to consider the request of Frank J. Trunk & Son to reclassify an 8.3 acre parcel from R-3 (Residential-Medium Density) to B-2 (Community Highway Business). The property is north of and adjacent to the King Arthur Mobile Home Park and fronts on U.S. Highway #191. The change in zoning classification is to allow for future commercial uses in relation to the adjacent mobile home park and a proposed residential subdivision. Frank Trunk was present to discuss the reclassification of the above area. The Mayor declared the hearing closed; and upon the City Manager's recommendation, it was moved by Commissioner MacNab, seconded by Commissioner Vollm~r, that a decision be made on the reclassification a week from today for an on-the-ground inspection and additional study. 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. B - William B. Alverson - Reclassify 1 acre tract from A-S to B-1 - fronts on Rea Road approximately 1,700 feet south of Rea Road-U.S. 191 intersection This was the time and place set for a public hearing to consider the request of William D. Alverson to reclassify a one-acre parcel from A-S to B-1. The property fronts on Rea Road and is approximately 1,700 feet south of the Rea Road/U.S. Highway #191 intersection. The King Arthur Mobile Home Park is directly east of the subject site. The rezoning is requested so that the present use of the property would "Provide a neighborhood I grocery store and gas pump". The master plan designates this area as agriculture and low density estate residential, although a commercial node is suggested in the area of the Rea School along the highway. The Mayor declared the hearing closed; and upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that a decision be made on the reclassi- fication a week from today for an on-the-ground inspection and additional study. The motion was carried by the following Aye and No vote: those voting Aye being CommissionerVollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. C - Maurice Klabunde - Reclassify 22.2 acre tract from A-S to B-2 - 10.5 acres occupied by Heritage Homes - 11.5 acres east of and adjacent to first parcel - 4 miles west of Bozeman This was the time and place set for a public hearing to consider the request of Maurice Klabunde to reclassify 22.2 acres in two parcels from A-S to B-2. The property includes the 10.5 acre parcel now occupied by Heritage Mobile Homes and a 11.5 acre plot immediately east of and adjacent to the first parcel. Both properties front on U.S. Highway No. 191 and are approximately four miles west of Bozeman. The Rezoning was requested so that the present use of the properties would be a conforming rather than a non-conforming use. Mr. Klabunde could not be present to discuss the zone reclassification in this area. Following discussion, the Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request of Maurice Klabunde be continued for a period of one week for on-the-ground inspection and con- tinued study. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and I Mayor Sedivy; those voting No, none. Petition - Objection to construction of North 19th Avenue A petition signed by approximately 150 interested persons or property owners objecting to the proposed development of North 19th Avenue from West Main Street to Durston Road was presented. Attorney Richard Andriolo was present on behalf of the interested persons and property owners to discuss the proposal by the State Highway Department and request the City Commission to recommend a two-lane arterial construction instead of the proposed four lane, or, in the alternative, to withdraw its designation of North 19th as a first priority project and to delay construction for an indefinite period. -- ------- -- 28<) ',. '. The Commission acknowledged receipt of the petition and thanked Mr. Andriolo for his presentation. Disposition/Legal Interpretation - Patterson Siding - Bob Braun Having continued action on the request of Bob Braun in regard to storing precast concrete septic tanks on a tract of land on South Third extended until a legal interpretation had been submitted to Mr. Nash by the City Attorney, it was again brought before the Commission. I Mr. Nash presented his case to the City Commission regarding the historical use of Patterson Siding and the fact that Mr. Berg had concurred with him that this was a legitimate use based upon historical records. Mr. Dave Fackler of the Planning staff read portions of the ordinance regarding the require- ments of the use at the time the ordinance was passed. It was:moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission accept the presentation of Mr. Nash as concurred in by the City Attorney, to permit the storage of septic tanks at Patterson Siding. Those voting Aye being Commissioner Vollmer and Commissioner Swanson; those voting No being Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy. the request was denied for lack of a majority. The City Attorney then requested time to reconsider his decision in light of the Zoning Ordinance, after which the City Attorney and Mr. Nash were instructed to consider the matter further and bring their findings to the City Commission at a later date. Receipt of Petition requesting surfacing of East Lamme, Wallace to Broadway A petition signed by several property owners regarding street improvements on East Lamme from Wallace to Broadway was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the above petition be tabled for a week for additional study. 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. Extension of one-way streets: Mendenhall from Rouse to Broadway; Babcock from 8th to 11th and Rouse to Wallace I A proposal to complete one-way couplets in the Downtown Business District was presented. The Street Superintendent recommended that the One Way Couplet in existence be increased to include the rest of Babcock Street from 11th Avenue to 8th Avenue and a three-way stop be placed at 8th Avenue and Babcock Street. That Babcock Street from Rouse Avenue to Wallace Avenue and Wallace Avenue from ~abcock Street to Main Street also be changed to one way. This would necessitate the removal of a large overhead post and signs from Babcock Street West of Rouse Avenue and replacement of same on Wallace Avenue south of Main Street. That the one way on Mendenhall Street be increased to include Broadway Avenue from Main Street to Mendenhall Street and Mendenhall Street from Broadway Avenue to Rouse Avenue with a change of stop signs at Mendenhall Street and Wallace Avenue. These changes would then give the City of Bozeman a One-Way Couplet that would move Eastbound traffic on Babcock Street from South 11th Avenue to Main Street at Wallace Avenue and Westbound traffic from Main Street and Broadway Avenue down Mendenhall Street to 11th Avenue. The City Engineer suggested that the left turn signs on Main Street be removed for a period of six months to study its effect on traffic congestion and to better utilize the one-way couplet in the downtown area and that we not make the north-south streets of Broadway and Wallace between Babcock and Mendenhall Streets one way. The City Engineer requested that the above proposal be given additional study and that the City seek concurrence of the State of Montana Department of Highways before changing any signs. The Commission granted the engineering staff one week to further study the proposal and additional time to consider Olive and Lamme Streets as additional one-way streets. Ordinance No. 994 - Salary Ordinance I 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. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Salary Ordinance be delayed, 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. - ~ 2-90 Appropriation Ordinance No. 993 - for final passage Ordinance No. 993 appropriating monies for expenditures deemed necessary and in accordance with budgetary requirements for maintenance, etc., has not been completed. It was moved by Commissioner MacNab, seconded by CommissionerVollmer, that the Appropriation Ordinance be deferred because of final levy, 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. I Mayor Sedivy - Authorization to attend National League of Cities, San Francisco - December 3-7, 1977 The Annual Conference of the National League of Cities is scheduled to be held in San Francisco, California, December 3-7, 1977 , and the City Manager recommended that Mayor Sedivy be authorized to attend the conference. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Mayor Edmund P. Sedivy be authorized to attend the conference and, it being in the public interest his expenses be paid out of the appropriate fund, and 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. Commission Resolution No. 1898 - Condolences to widow and family of Frank Hoey Commission Resolution No. 1898 expressing appreciation of the faithful services rendered by Frank Hoey and extending condolences and sympathy to his widow, family and friends was presented. COMMISSION RESOLUTION NO. 1898 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN MEMORIAM TO FRANK E. HOEY AND TO EXTEND CONDOLENCES AND SYMPATHY TO THE BEREAVED WIDOW, FAMILY AND FRIENDS OF FRANK E. HOEY. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1898 be passed and adopted. 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. Hospital location signing proposal from State Highway Department The Highway Traffic Safety Division of the Department of Community Affairs presented a proposal I to place local guide signs that direct persons to emergency rooms at hospitals. This signing is especially important because many persons in an emergency situation are unfamiliar with the location of the local hospital. A set of guidelines have been developed so that signing will be uniform throughout Montana. Signs on the local street system will be purchased by the State. It will be the responsibility of local government to install and maintain them. Appointment - Parking Commission The Mayor announced his reappointment of Harold Mueller to Parking Commission to be effective until June 30, 1981. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the Mayor's reappointment, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Commissioner Swanson; those voting No, none. Application - Bozeman Softball Association - August 13 and 14, 1977 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for August 13-14, 1977 , along with the required fee. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. I Claims The payroll claims and the general claims for the month of July in the amount of $ were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved as presented. 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. ~- ,291 Reports: Director of Public Service The following report was presented: Director of Public Service The City Manager commented on the report and recommended it be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the report be approved 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 I Vollmer, and Mayor Sedivy; those voting No, none. Downtown Development Association - Regarding Proposed Law Attorney Joseph Sabol, representing the downtown businessmen, appeared before the Commission to ask that the Commission withhold the issuance of a building permit for the F.W. Woo1worths Store on the proposed Main Mall property until such time as the proposed development ordinance is revised, and reconsidered by the appropriate boards and commissions, then the City Commission, and ultimately evaluated on the basis of the adopted ordinance. Approximately fifty businessmen were also present for the meeting to present their views in this most important decision. Several businessmen commented on theserlousness of the issuance of of the permit to the downtown area. Mr. Lou Spain said mall development would cause serious damage to existing businessmen if businesses began leaving their downtown locations to relocate in the Main Mall. Presidents of three of the four banks were present, and all stated substantial amounts of money are invested in the downtown area, much of which would be jeopardized if a huge mall develop- ment such as proposed were to be considered. In addition to economic impact questions, questions were raised on the ability of present police and fire forces to handle proposed additions. The City Manager stated the Main Mall foundation permit for the F.W. WOolworth store expires on Saturday, August 13, 1977. He also stated that he had been in touch with the developer of the Main Mall, and had told him the foundation permit would be extended until the last three questions were clarified. These were State Highway Department issuance of the permit and sanitary sewer, I apparent approval by the Highway Department of such development on a two-lane highway and provisions of the Agreement for payback for persons connecting to the sanitary sewer. Issuance of the building permit would be withheld pending clarification of the last three items. The Commission took no action after being assured by the City Manager that the permit would not be issued before next Wednesday. 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: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none./-",/~) /~c;;>/ /;;~/ ./ . ~~..r-""~---c-"~~~// ~ ~-<~~-~ - EDMUND P. SEDTVY, Sr., Mayof ATTEST: ./ ~/ -~ u. ~G- . 4J"-d __ .? < 'ERNA V. HARDI~ Clerk of the City Commission I ----