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HomeMy WebLinkAbout1977-11-02 3-t).') ,~ tJ4J Bozeman, Montana 2 November 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 2, 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. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on October 26, 1977 were approved as submitted. Public Hearing - Conditional Use Permit - Clark Bronson - Change of nonconforming use (Auto repair shop) to another non-conforming use (Art casting), 817 South Church Avenue and zoned RS-l-T-2 This was the time and place set for a public hearing to consider the request of Clark Bronson to allow the change of one non-conforming use (Auto repair shop) to another non-conforming use (Art cas ting) . The site is located at 817 South Church Avenue and is presently zoned RS-l-T-2. The applicant, Mr. Bronson was present to answer any questions that might arise. Marion Cook representing Walker's Auto Body, was also present and stated that this will ndbe retail sales, therefore the number of parking spaces is not important. The Zoning Commission, after consideration of the Planning Staff's report unanimously recommended approval of the conditional use request with the following conditions. 1. All existing signing be removed and new signing be limited to one flush mounted building sign, not-flashing, and having a maximum sign area of 20 square feet, internally illuminated. Mobile signs will be~cluded from the property. 2. No material used in connection with the art casting use shall be stored outside the building without being totally enclosed by a solid fence to completely hide the contents from view. 3. All permanent off-street parking spaces and access areas thereto shall be paved, and shall be designed and constructed to allow proper drainage. 4. The premises will be reviewed for compliance with the conditions as stated in the original staff report dated October 15, 1977 within one year. 5. The City Commission may, at its discretion, void the permit and order the use stopped if all conditions upon which the use was authorized have not been satisfied. I 6. The wrecked cars, car parts, etc. , on the site, be removed prior to the issuance of the permit or initiation of the proposed site. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission waive the one week waiting period and approve the conditional use permit with the above conditions. The motion was carried by the following Aye and No vote: those votingAye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those voting No, none. 1'ublic Hearing - Zone Change - Perry Metcalf - AS to RS-l 10-acre tract located approximately 1,320 feet north of Baxter Lane adjacent to, north and west of the Baxter Lane Subdivision. This was the time and place set for a public hearing to consider the request of Perry Metcalf to reclassify a ten-acre tract of land located approximately 1,320 feet north of Baxter Land adjacent to, north and west of the Baxter Lane Subdivision from AS to RS-l. The applicant seeks the zone change to allow him to subdivide the tract into two five-acre tracts. One of the tracts would contain Mr. Metcalf's existing single family dwelling and the applicant would see the other five-acre tract of land. Following a thorough discussion and there being no further questions to be brought before the Commission, the Mayor declared the hearing closed, and upon the City Manager's recommendation, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the decision be delayed for a period of one week for an on the site visitation and further study of the request. 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. I Public Hearing - Commission Res. No. 1909, SID 585 - Paving & Storm Drain East Lamme Street between between Broadway and Wallace Avenue - Commission Resolution No. 1923 - Creating SID 585 This was the time and place set in Commission Resolution No. 1909 to hear protests to the creatin of Special Improvement District No. 585, paving and storm drain construction on East Lamme Street be- tween North Broadway and North Wallace 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. A written protest representing 7% of the proposed district was presented. No on was present to protest verbally. The Mayor declared the hearing closed and in concurrence with the recommenation of the City Manager, - 3'fl3 it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 1923, entitled: COMMISSION RESOLUTION NO. 1923 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 585 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVE- MENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENAN- I CES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON EAST LAMME STREET BETWEEN BROADWAY AVENUE AND WALLACE AVENUE IN THE CITY OF BOZEMAN, MONTANA. 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. Confirmation of Firefighter Dave Johansen - Effective November 1, 1977 Fire Chief Bud Simpson reported that Dave Johansen had completed his one year probationary period with the Bozeman Fire Department and recommended that he be confirmed as a regular member of the ~zeman Fire Department effective November 1, 1977 . The City Manager concurred in the recommendation of the Fire Chief, and it was moved by Comm- issioner MacNab, seconded by Commissioner Vollmer, that the confirmation of Dave Johansen be approved and he be congratulated upon completing the probationary period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner V ollmer, Commiss- ioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Jones & Company - Wood Sign Variance at 25 South Willson Avenue A request from Jones & Company of 25 South Willson Avenue for a sign code variance to place a 2'9" X 2'2~", three inches thick routed wood sign over the sidewalk was presented. Following discussion, the Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission grant the request for a sign code variance at 25 South Willson Avenue. The motion was carried by the following Aye and No vote: those v oting Aye being Commissioner Vollmer, Commissioner Swanson, Comm- I issioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those voting No, none. Application for Raffle License - a) American Society Mechanical Engineering November 30, 1977 b) Bozeman Swimming Club - November 18, 1977 The City Manager presented an application from the American Society Mechanical Engineering, along with the required fee, for the purpose of holding a raffle on November 30, 1977 . It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the application for the raffle license for the American Society Mechanical Engineering. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, & Mayor Sedivy; those voting No, none. The City Manager presented an application from the Bozeman Swimming Club along with the required fee, for the purpose of holding a raffle on November 18, 1977 . It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the application for the raffle license for the Bozeman Swimming Club. 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. Designation of date for public hearing regarding unobligated Community Development Block Grant (CDBG) (CDBG) funds - Hearing November 16, 1977 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that November 16, 1977 be the date designated for public hearing regarding unobligated Community Development Block Grant ~CDBG) funds. The motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor I Sedivy; those voting No, none. Public Hearing - Estimated Assessments - a) Res. No. 1913 - SID 566 - Paving Remington This was the time and place set for public hearing on levying the estimated assessment for the construction of paving Remington Addtion, SID No. 566 in the amount of $21,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commiss- ion Resolution No. 1913 provisionally passed and adopted on October 26, 1977, be finally passed 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. - '334 Public Hearing - Estimated Assessment - Res. No. 1914 - SID 567 ~ Sewer Construction This was the time and place set for public hearing on levying the estimated assessment for the construction sewer laterals in Figgins Addition Phase II, SID 567 in the amount of $100,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1914 provisionally passed and adopted on October 26, 1977 I be finally passed. 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 Hearing - Estimated Assessment - Res. No. 1915 - SID 568 - Watermain Construction This was the time and place set for public hearing on levying the estimated assessment for the construction and installation of lateral watermainsin Figgins Addition, SID No. 568 in the amount of $96,000.00. Affidavit of publication of Notice was presented. No one appeared to protest ver- bally, and there being no written protests on file, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1915 provisionally passed and adopted on October 26, 1977 be finally passed. 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 Hear~~~ Estimated Assessment - Res. No. 1916 - SID 569 -Watermains and Sanitary Sewer This was the time and place set for public hearing on levying the estimated assessment for the construction and installation of watermains and sanitary sewer mains in the Summit Engineering Annex- ation in the amount of $86,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner Vande- venter, seconded by Commissioner MacNab, that Commissioner Resolution No. 1916 provisionally passed and adopted on October 26, 1977 be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Machab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none I Public Hearing - Estimated Assessment - Res. No. 1917 - SID No. 570 - Paving Figgins Addn. Phase II This was the time and place set for public hearing on levying the estimated assessment for the construction and installation of paving in Figgins Addition Phase II in the amount of $320,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1917 provisionally passed and adopted on October 26, 1977 be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Comissioner Swanson, Commission Vandeventer and Mayor Sedivy; those voting No, none. Public Hearing - Estimated Assessment - Res. No. 1918 - SID No. 571 - Watermains in Lincoln St. This was the time and place set for public hearing on levying the estimated assessment for the construction and installation of watermains in Lincoln Street, M.S.U. Veterinary Research in the amount of $32,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner Vollmer, sec- onded by Commissioner Swanson, that Commission Resolution No. 1918 provisionally passed and adopted on October 26, 1977, be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Comm- issioner MacNab and Mayor Sedivy; those voting No, none. Authorize absence of Commissioner Swanson November 9, 1977 Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the absence of Commissioner Swanson be authorized in compliance wirh Secrion III 11-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none Adjournment There being no further business to come beforethe Commission At this time, it was moved by Comm- issioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner r Vollmer, Commissioner Swanson, Commissioner Vandeventer,and Mayor Sediyy; t none. ~_/ " ATTEST i' ?' DMUND s..J // c~/' <'L."> ....?; ERNA V. HARDING, Clerk of the Cit~ Commission