Loading...
HomeMy WebLinkAbout1978-05-24 io7 May 24, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 24, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Com- missioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. Commissioner Vollmer opened the meeting with a prayer, whereupon the minutes of the regular I meeting held on Wednesday, May 17, 1978, were approved as submitted. Absence of Commissioner MacNab authorized - May 24, 1978 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. , 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, those voting No, Iione. Decision - re Conditional Use Permit - William J. Sebena, construct office and shop facilities to run an asphalt batch plant The decision on the request of Wm. J. Sebena, to construct an office and shop facility to run an asphalt batch plant, having been deferred for a period of one week, in order that the City Attorney and the Attorney representing the applicant may draw up final conditions, was brought before the Commission. The City Attorney advised the Commission that he and Mr. Sabol agreed to granting the Conditional Use Permit to the applicant, subject to certain terms, covenants and conditions as set forth in full: 1. Submission and approval of a site plan for the entire property showing the general and approximate location of all facilities to be constructed thereon. 2. Submission and approval of a landscaping plan for the front (south) area of the property with a suggested vegetative planting proposal. I 3. That all trucks, machinery, and miscellaneous paraphernalia be housed and maintained to the rear (north) of the property, behind shop area. 4. That no gravel be washed on the property. In the event applicant should desire in the future to wash gravel on the property, he will be required to apply for and receive a Conditional Use Permit to do the same. 5. That the applicant comply fully with the rules, regulations and laws of the State of Montana, insofar as air quality control is concerned, as the same exists from time to time, specifically the New Source Performance Standards, as are implemented and overseen by the Department of Health and Environmental Sciences of and for the State of Montana, including, but not limited to, rules, regulations and standards governing odor, noise, noxious substances and water quality. 6. That the site, and the whole of it, be kept in a well maintained manner and fashion, free and clear of all trash and rubbish. 7. That a 40-foot buffer be provided on the front (south) area of the property to assure and allow for future development of East Griffin Drive. 8. That no permit shall be issued until the site plan, landscaping plan, construction permit from the Air Quality Control Division of the Department of Health and Environ- mental Sciences, and the requisite approval of the County Sanitarian insofar as the use of the existing septic tank system are received. 9. That the premises be reviewed by the Zone Enforcement Office, or an appointed rep- resentative thereof, for compliance of each and everyone and all of the conditions set forth within the Conditional Use Permit agreement within one year of the issuance of the same, and thereafter on an ongoing basis. 10. That a violation of any conditions herein stated shall be grounds for revocation or I suspension of the Conditional Use Permit. 11. That no trash or rubbish shall be burned on the site. The City Manager asked the applicant's attorney if the entire operation could be contained on the deeded land. Mr. Sabol said the entire facility could be contained on the 2.7 acres of land and operated efficiently. He further explained all of the gravel would be trucked in and would be washed before it is delivered. Mr. Gesko stated there was no ordinance in regard to noise, but said the operation will be closely monitored and complaints will be investigated by the City. Mr. Gesko further advised the Commission that Mr. Sam Rogers was not at the public hearing as he was not aware of the hear- -- --~-----~ ~ 16'8 ing; however, he was at last week's meeting and is present today. He is prepared to discuss the plant emissions, noise, vibrations, and toxic and noxious materials. The City Attorney again advised the Commission that they are not compelled to reopen a hearing but that they could at their discretion. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner I Vollmer, that the Commission not allow any additional information and that a decision be made. 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. The City Manager stated that he felt that Mr. Sebena had been given every opportunity to have a fair hearing on the request for a Conditional Use Permit. He again advised the applicant that the operation would be monitored by the State Health Department and the City of Bozeman. The City Attorney reminded the Commission that an asphalt plant can be built within the M-2 district. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Con- ditional Use Permit be granted with the conditions as stated above. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No being Commissioner Vandeventer. Decision - re Sabol request for the City to hold rehearing - Robert A. Foster Zone Change The request for the City to hold a rehearing on the Robert A. Foster zone change, having been delayed for a period of one week to give the City Manager and the City Attorney an oppor- tunity to study the legal aspects of the zone change, was brought before the Commission. The City Attorney advised the Commission that the hearing could be reopened if the ulti- mate question for determination is, in the absence of other controlling circumstances, whether it appears likely that an injustice has been done and that upon a rehearing a different result I would probably be reached. A rehearing may be granted even though the evidence claimed as the basis for the application is not newly discovered and could, in the exercise of due diligence, have been offered at the original hearing, but there is no abuse of discretion in denying a rehearing sought for the purpose of introducing such evidence. The Attorney representing the applicant felt the Commission's denial of the zone change was arbitrary and capricious but since there was not a complete record of the Commission pro- ceedings, it would be hard to prove in district court. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission deny the rehearing for a zone change request from Robert A. Foster. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No being Com- missioner Vollmer. Continue Public Hearing - Conditional Use Permit - Group Five Design construction of 22 apart- ment units on corner of Koch and 16th The hearing on the request of Group Five Design for a Conditional Use Permit to allow the construction of twenty apartment units on 1.11 acres of land located in the Richard's Sub- division (corner of Koch Street and Sixteenth Street), having been continued for a period of two weeks, was brought before the Commission. Paul Bolton, Planning Director, gave the staff report. The applicant had redesigned the site plan primarily dealing with landscaping and the deletion of two bedroom units. The setbacks I and various other aspects of the site plan have been approved by the Zoning Commission. The Mayor declared the public hearing continued and asked if there was anyone present to speak in favor or in opposition to the request. Mr. Berg said he had no objections to the conditional use in that area but did want to call their attention to the fact that it is a high density area. It is in effect converting it to a density, even higher, than the R-4. The Mayor declared the hearing closed. The City Manager advised the Commission that the Zoning Commission had previously approved the zone change and he concurred in their recommendation. .~69 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission approve the Conditional Use Permit with the following conditions: 1. The development of the site be dictated by the site plan submitted with modifi- I cation as indicated in this report. 2. Signing be limited: one low-profile wooden identification sign (not to exceed 3' high by 4' long) located at each access entrance. 3. A detailed landscaping plan showing type, location and size of trees, shrubs to be planted and four and one-half feet of landscaping along the south and north sides of the trash area. This plan is to be submitted to the Planning Department for review and approval before a building permit is issued. 4. A drainage plan and proper sediment and erosion control measures shall be submitted and reviewed for approval by the City Engineer. 5. An improvements agreement be prepared to reflect on-site improvements to be completed. 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. Public Hearing - Conditional Use Permits (a) John & Joanna Abner - Construct a one-hundred by one-hundred-forty foot building located along Mandeville Lane in Wheat's Subdivision This was the time and place set for a public hearing to consider the conditional use permit requested by John and Joanna Abner. The applicant seeks approval to construct a one- hundred by one-hundred-forty foot building to be utilized as a gymnastic school with racquet- ball/handball courts within the gymnasium located along Mandeville Lane, being Lot 8 in the preliminarily approved subdivision known as Wheat's Commercial Subdivision. I The Planning Director presented the staff report recommending approval subject to con- ditions. The Mayor declared the hearing open. There was no one present to speak in favor of or in opposition to the request. The Mayor declared the hearing closed, and the City Manager recommended that action be deferred for a period of one week. (b) Riverside Development Corporation - development of 15 structures located along Gallatin Drive, Riverside Manor Subdivision This was the time and place set for a public hearing to consider the Conditional Use Permit requested by Riverside Development Co. The applicant seeks approval to develop fifteen structures comprising sixty individual townhouse units on an approximately three hundred twenty-two thousand square foot site. The proposed development is located along Gallatin Drive, being a portion of Blocks 3 and 4, Riverside Manor Subdivision. The Planning Director gave a presentation of the staff report which recommended that the development for Lots 112 through 116 inclusive be denied until such time as the applicant can show that this area would be protected from undercutting by the East Gallatin River. He further recommended that the remaining lots be approved as a Planned Unit Development subject to con- ditions. The Mayor declared the hearing open. Following discussion, the Mayor declared the hearing closed, and the City Manager recom- I mended that action be deferred for a period of one week. Confirmation of Police Officer Larry Bowman - Effective ~~y 17, 1978 A letter received from Police Chief Nelson advising the Commission that Police Officer Larry Bowman had satisfactorily completed the required one-year probationary period and recom- mended that Police Officer Larry Bowman be confirmed as a regular officer of the Bozeman Police Department effective May 17, 1978. The City Manager concurred in the recommendation of the Police Chief, and it was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the confirmation of Police Officer Larry Bowman be approved, and he be congratulated upon completing the one-year probationary period. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner 47() Swanson, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Commission Resolution No. 1982 - re Life of Montana Issuance of $2,000,000 Industrial Develop- ment Revenue Bonds Commission Resolution No. 1982 regarding Life of Montana issuance of $2,000,000 Industrial I Development Revenue Bonds and approving certain matters thereto was presented entitled: COMMISSION RESOLUTION NO. 1982 RESOLUTION REGARDING INDUSTRIAL DEVELOPMENT REVENUE BONDS (LIFE OF MONTANA INSURANCE COMPANY PROJECT) SERIES 1978, AND APPROVING CERTAIN MATTERS WITH RESPECT THERETO Following discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1982 relating to the Life of Montana issuance of $2,000,000 Industrial Development Revenue Bonds be passed and adopted and the Mayor and Clerk of the Commission be authorized and directed to sign the resolution on behalf of the City of Bozeman. 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. Discussion - 1978 Sidewalk and Curb construction program The City Engineering staff completed their survey of Walks and Curbs within the City of Bozeman and recommendations for repair and/or installation for the year 1978. Mr. Van't Hu1 stated that, with the permission of the City Commission, the Engineering staff would prepare and send out the necessary notices. City Attorney Berg requested that he review the proposed notice before they are mailed out. Parking Commission SID 565 - Discussion of final assessment I A discussion was held on the final assessment of Parking Commission Special Improvement District No. 565. The City Attorney advised the Commission not to alter the proposed method of assessment for fear of reopening legal debate on the issue. Mr. Berg stated that since the Supreme Court upheld the present formula, it should not be changed, but that the parking ordinance should be modified to allow for certain downtown businesses, such as theatres, more equitable considera- tion. Commission Resolution No. 1972 - Create SID 592 -Watermains - Block 5, Figgins Addition Commission Resolution No. 1972, creating Special Improvement District No. 592 was pre- sented, entitled: COMMISSION RESOLUTION NO. 1972 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 592 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON LANGOHR AND HEALY AVENUES AND ACROSS EASEMENTS BETWEEN SAME IN FIGGINS ADDITION ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL I TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Com- mission Resolution No. 1972 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner Vollmer, and Mayor Sedivy, those voting No, none. Commission Resolution No. 1973 - Create SID 593 - Sanitary Sewer - Block 5, Figgins Addition Commission Resolution No. 1973, creating Special Improvement District No. 593 as prepared .~ 47,1 by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1973 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- I PROVEMENT DISTRICT NO. 593 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NEC- ESSARY APPURTENANCES ON LANGOHR AND HEALY AVENUES IN FIGGINS ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAINS, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Com- mission Resolution No. 1973 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Com- missioner Swanson, and Mayor Sedivy, those voting No, none. Commission Resolution No. 1974 - Create SID 594 - Paving - Block 5, Figgins Addition Commission Resolution No. 1974, creating Special Improvement District No. 594 as pre- pared by the City Attorney was presented, entitled: ..... COMMISSION RESOLUTION NO. 1974 - - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 594 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, IN- TEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS, AND NECESSARY APPUR- TENANCES THERETO ON HEALY AND LANGOHR AVENUES, ALL IN BLOCK 5, FIGGINS I ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Com- mission Resolution No. 1974 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer, and Mayor Sedivy, those voting No, none. Call for Bids - Snow Blower for Street Department - Open bids June 14 The Street Department has need for a snow blower, and the City Manager requested auth- orization to call for bids for the purchase of one detachable type snow blower. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the purchase of the snow blower be authorized, and the Clerk of the Commission be authorized and directed to issue a "Call for Bids" for the purchase, to be opened on June 14, 1978. 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. Beer License Applications - Softball Association - May 27-29, June 10-12, June 17-19, June 24-26, July 6-10, and July 15-17 A request from the Bozeman Softball Association, for permission to obtain a City beer license for the weekends of May 27-29, June 10-12, 17-19, 24-26, July 6-10, and 15-17, was pre- sented along with the required fee. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Soft- ball Association, having met all of the requirements, be granted a license to sell beer on the dates I as stated above. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and }illyor Sedivy, those voting No, none. Contract Documents for Execution - Kagy Boulevard Construction The contract documents for the construction of water and sewer at Kagy Boulevard, as pre- pared by Thomas, Dean and Hoskins, Inc., were presented. The City Manager recommended that the contract documents in the amount of $39,298.65, as submitted by White's Intermountain Construction, be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the contract '~7"2 documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that White's Intermountain Construction be auth- orized and directed to proceed with the construction. 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. I Adjournment There being no futher business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned. 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. -~ /"':,,_.~ (6 EDMUND P . S ATTEST: /' //i ~ /' -- - "- HE CITY COMMISSION I I