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HomeMy WebLinkAbout1978-03-08 '-101 ".1:' MINUTES OF THE MEETING OF THE CITY COMMISSION March 8, 1978 Bozeman, Montana March 8, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Municipal Building, March 8, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Acting City Manager Murie, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the I regular meeting held on Wednesday, March 1, 1978, were approved as submitted. Clarification - Re Zone change Robert Foster - AS TO RS1. 40 Acre Tract Northwest of the City, adjacent to Joe Nelson Road, bordered by U.S. 10. The request of Robert S. Foster for a zone change from Agricultural to Rural Suburban hav- ing been deferred pending recommendation by the City County Planning Board and the Zoning Com- mission was brought before the Commission for clarification. The City Commission felt that a definite recommendation was needed from the Zoning Commis- sion on this item. Therefore, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that action on the request of Robert S. Foster be removed from the table and sent back to the Zoning Commission for a final recommendation. 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. Public Hearings - Zone Change (a) Jack Horner M-l to R-5 Block 119, Northern Pacific Addition (to be tabled) This was the time and place set for a public hearing to consider the request of Jack Horner for a zone change from M-l Commercial-Light Manufacturing to R-5 Residential-High Density, an approximate two acre tract of land being Block 119 located between Cottonwood Street, Peach Street, Rouse Avenue and Church Avenue. Upon the Acting City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the hearing be continued until a decision is received from the I Planning Board. The motion was carried by the Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. (b) Bruce Pitcher - R-3 to B-2-T, Lots 1 and 10, Block 1, Kirk's 1st Addn. Lots 1, Block 3, Kirk's 4th Addn. This was the time and place set for a public hearing to consider the request of Bruce Pitcher for a zone change from R-3 Residential-Medium Density to B2-T Community Highway Business District-Transitional, a one acre tract of land being Lots -1 and 10, Block 1, Kirk's and Lot 1 Block 1, Kirk's 4th, located along West Babcock Street between 19th and 20th Avenues. Several persons were present in regard to the requested Zone change. Jim Townsend felt a more appropriate zoning would be RO-T. Helen Spomer, Realter for the tract of land in question, stated the land on three sides of the proposed zoning change area is zoned B-2. The Mayor declared the hearing closed. The Zoning Commission having reviewed the planning staffs report recommended approval of a zone change from R-3 to RO-T of that tract of land, being Lots 1 and 10, Block 1, Kirk's lst and Lot 1, Block 1, Kirk's 4th located along West Babcock Street between 19th and 20th Avenues. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission concur in the recommendation of the Zoning Commission and apporve the zone change from R-3 to RO-T. 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 Zone Code Amendment - Continued public hearing Mobile Home District - Montana Development Corporation The request of Montana Development Corporation to amend the zone code to allow for a specific district in which mobile homes can be placed, either in a mobile home park or subdivision, having been continued until a recommendation has been received from the Zoning Commission was brought back to the Commission for discussion. Rick Mayfield appeared before the Commission on behalf of the Montana Development Corporation. He stated there were a few minor items that came up at the Zoning commission meeting that had been resolved. He further stated they were interested in the subdivision development in order that they could sell lots for Mobile Home Parks and requested that the Zoning Ordinance be ~ -~~~~--------_. -~--- '102 corrected to establish mobile home districts. Paul Bolton of the Zoning Commission preferred a buffer between and adjoining all properties in connection with the Mobile Home Subdivisions. The Commission advised the Montana Development Corporation that the request for the zone amendment would be taken under advisement for a period of one week and brought back for action on March 15, 1978. I Continued Discussion - Proposed Water Rates The proposed water rates were presented for continued discussion. The Director of Finance presented more statistics for the Commission to consider in its decision to increase water rates. The Director of Finance stated that if the discount were continued and the revenues were made up by irrigators over the twelve month period, the average 800 cubic feet users would have to add $1.27 to his monthly bill. The cost to irrigate without the discount is 49.5 cents per 100 cubic feet. Final action on the proposed water rates will be taken on March 15, 1978. Consideration of 1978 preapplication - Unobligated Community Development The Planning Director requested that the City Commission approve the 1978 preapplication for Unobligated Community Development funds. Before any public hearings are scheduled, approval must be granted by the City Commission as the City will be the official governmental entity seeking Unobligated Community Development Fund s . If approval is so granted to proceed with the public hearings and a preapplication submittal, then the Planning Staff will, upon consultation with the City Manager, schedule two public hearings. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion approve filing the 1978 preapplication for Unobligated Community Development Funds. 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. I Action - Special Improvement District No. 588 - Water Trunk Northeast Annex. Having delayed action on Special Improvement District No. 588, Northeast Annexation water trunk for a period of one week in order that the City Commission could study the pro- posed options, it was again brought before the Commission. Attorney Gene Brown appeared before the Commission on behalf of Paul Carter, Robert Taylor and Len Haniuk. The options were again discussed by the City Engineer. The property owners were also present to discuss the proposed option. It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that Commission Resolution No. 1945, intent to create Special Improvement District No. 588 be denied and the City Attorney be instructed to draw up a new resolution of intent to provide a 10" water trunk- line in the Northeast Annexation and that the line on East Griffin Drive between North Rouse and Story Mill Road be deleted. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commis- sioner Swanson, and Mayor Sedivy; voting No, none. Authority to conduct Shrine Parade - July 12, 1978 A letter received from the Shrine Club, requesting permission to conduct a parade on Sat- urday, July 12, 1978, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request I to conduct the Shrine Parade be granted, 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; voting No, none. Application for Raffle License - Bozeman Senior Social Center - May 6 MSU Indian Club - April 10 The Acting City Manager presented an application from the Bozeman Senior Social Center along with the required fee, for the purpose of holding a raffle on May 6, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission approve the application for the raffle license. The motion was carried by the follow- ~_._--_. - - i03 ing Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy; voting No, none. The Acting City Manager presented an application from the MSU Indian Club, along with the required fee, for the purpose of holding a raffle on April 10, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- I mission approve the application for the raffle license. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer and Mayor Sedivy; voting No, none. Reports The following reports were presented: Building Inspector for February Police Department for February Director of Public Service for November 1977 The Acting City Manager commented on the claims ~nd recommended they be accepted and ordered filed. It was moved byilimmissioner Vandeventer, seconded by Commissioner MacNab, that the reports be accepted and ordered filed, 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; voting No, none. Claims for February 1978 The payroll claims and the general claims for the month of February were presented. The Acting 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 MacNab, seconded by Commissioner Vollmer, that the claims be I approved. The motion was carried by the following Aye and No vote; those voting Aye being Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; voting No, none. Conditional Use Permit - Hugh Reid, Bozeman Creek Annexation, North of Ice Pond Road Planned Unit Development This was the time and place set for a public hearing to consider the request of Hugh Reid to allow him to construct a new warehouse building on a property site located North of and adjacent to Ice Pond Road and just West of Sourdough Road. The site contains 4.28 acres. Joe Sabol appeared on behalf of Mr. Reid to explain the request and to disagree with some of the conditions set by the Planning and Zoning Commissions. Rick Mayfield, Mayfield & Assoc- iates, was also present and addressed the Commission in regard to conditions recommended by the Planning and Zoning Staff. Following an extensive discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the Conditional Use Permit with the following conditions: l. A final drainage plan be submitted to be City Engineer for approval. 2. The proposed building observe a 20' setback from the proposed Rouse Ave. 3. A solid fence six feet in height be constructed along the eastern boundary the length of the proposed building and parking areas. I 4. The landscaping specifically include four trees (minimum 2" diameter) and such other grass and shrubs anticipated by the applicant. Further, that a minimum 75% of the anticipated landscaping be vegetative in nature. 5. That the developer provide one fire hydrant as recommended by the Fire Department. 6. That in the event of requiring the right-of-way for Rouse Avenue and College Street by condemnation, damages shall be limited to the value of the property actually taken without any consideration of severance or consequential damage. That all buildings will observe appropriate setbacks from the proposed 60' right-of-way for Rouse Avenue. 7. Signing will be limited to one flush-mounted building sign--non illuminated, to be approved at time of final P.U.D. planning approval. 8. A final P.U.D. site plan be submitted for approval by the Planning Staff and/or Zoning Commission. ~ u..oi............~__~ .404 9. That all required site improvements be completed within 12 months after the final P.U.D. plan has been submitted and approved. 10. The Conditional Use Permit will be reviewed for compliance with the Condition as stated in this report within one year from the date the final P.U.D. plan is approved. 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; I voting No, none. Absence of Commissioner MacNab - Wednesday, March 15, 1978 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab be authorized from the meeting of March 22, 1978, in compliance with Section 11-3245, 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, Commissioner MacNab and Mayor Sedivy; voting No, none. Letter of Commendation to ~he Bozeman Senior High School Basketball Team Congratulation and commendation to Dan Brelsford - Ski Championship The Commission instructed Clerk of the Commission to address a letter to the Bozeman Senior High School Basketball Team, congratulating them on winning the Division Championship and wishing them the best of luck at the State Meet to be held in Missoula on March 16, 17, and 18, 1978. The Clerk of the Commission was also instructed to address a letter to Dan Brelsford congratulating him on his recent acheivement in the ski world. Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the meeting be adjourned, 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; voting I No, none. / //.. -- k ;...../ ....."'... // ATTEST: E CITY COMMISSION I _.~.~~_ ____ .L ~