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HomeMy WebLinkAbout1978-07-12 497 July l2, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, July l2, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko City Attorney Berg, and the Acting Clerk. Commissioner MacNab opened the meeting with a prayer, whereupon the minutes of the regular I meeting held on Wednesday, July 5, 1978, were approved as submitted. Designation of Acting Clerk Upon the recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Robin Williams be designated as Acting Clerk of the Commission for the purpose of this meeting. 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. Decisions - Conditional Use Permits and Zoning Changes (a) B. Ward & Son - Establishment of a store selling sporting goods, clothing and jewelry The decision on the request of B. Ward & Son for a conditional use permit to establish a store selling sporting goods, clothing and jewelry in the old Gallatin Equipment Building loca- ted on the south side of West Main Street, having been deferred for a period of one week, was brought before the Commission. Upon the recommendation of the City Manager, it was moved by Commmissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the conditional use permit requested by B. Ward & Son to establish a store selling sporting goods, clothing and jewelry in the old Gallatin Equipment Building, located at 2320 West Main Street, with the following conditions: 1- Signing shall include one freestanding sign having a maximum sign area of 70 square feet and not to exceed the height of the building, in addition to one flush mounted building sign to be proportioned to the size of the face of the building, not to exceed 70 square feet in area and not to exceed the height of the building. I 2. A complete landscaping plan be submitted to the Planning Department for review and approval. The plan shall address landscaping along the North and East sides of the main building. 3. A single access opening be established on Main Street with a maximim width of 40 feet (standard commercial curb cut) and that provisions be made to prevent access to the property from any other opening. 4. A drainage plan and proper sediment and erosion control measures shall be submitted and reviewed for approval by the City Engineer. 5. Conditions 2, 3 and 4 shall be submitted and approved prior to the issuance of an occupancy permit by the Building Department. 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. (b) Vern Hancock zone change - Rezone approximately 7 acres of land, being a part of Blocks 41 and all of 42 through 45, Northern Pacific Addition The decision on the request of Vern Hancock to rezone approximately 7 acres of land, being a part of Block 4l and all of 42 through 45, Northern Pacific Addition, having been deferred for a period of one week, was brought before the Commission. Upon the recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request of Vern Hancock to rezone approximately 7 acres of land, being a part of Block 41 and all of 42 through 45, Northern Pacific I Addition to the City of Bozeman, from M-l to R-5. 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 Hearing - 1978 Sidewalk and Curb Reconstruction Program This was the time and place set for a public hearing to consider the 1978 sidewalk and curb reconstruction program. Several persons had hand delivered or sent written protest or concern on the 1978 sidewalk program. These included: 498 Ben Berg, Jr. 1403 West Koch Dorothy Eck 10 West Garfield Eric & Rita E1ander 211 South lOth Leo Hoffart 305 South l4th Gary E. Hu1s 221 South 14th Jack B. & Cecil M. Lewis 314 South 11th Malcolm S. & Ruth H. McCullough 815 West Curtiss Franklin S. Newman 515 South 8th I Mike Otterberg 703 South 13th Anne D. Roberts 729 South 14th Charles Rowley 307 East Main Ken Slaght 425 East Main Robert D. Summers 806 West Alderson Oscar & Carol Thomas 315 South 14th Lucille W. Treloar 702 South 9th Joe Wantulok 903 West College M.F. Whalen 612 South 11th Also, several persons were present at the Commission meeting to state their protests, their concerns, or desire to visit with City officials or staff regarding various facets of the 1978 sidewalk and curb reconstruction program. These included: John Borg 1013 West College Ruth Breeden 1202 South Willson Stan Burger l3 North Bozeman E. B. Chase l003-l0l1 West College Glen E. Collins 126 South lOth Eric Elander 211 South 10th Rita Elander 211 South 10th Alva E. Flower 603 South 14th Dorothy Fuller 422 South 9th Frances E. Heagney 304 South 9th Mary Higgins 503 South 13th Herbert C. Hiltalesand 607 South 11th Fred Happel 521 South 9th Gary E. Huls 22l South 14th Maryellen Gibson Inabnit 922 West Koch Frances Ingalls 713 South 13th Wasy1 Jarosz 707 South 13th I Joe McGuire 903 West College Robert L. Montgomery 20 East Garfield Louis M. Moos 712 South 13th Jerry Prescott 1105 West Curtiss Anne D. Roberts 729 South 14th Bill Rolfe 25 North Willson L. W. Spain Koch and 13th Lou Spain 36 East Main Robert Steig1and 120 South 10th 817-819 West Koch Roger Stradley 907 West Koch Robert A. Taylor 104 West Main Karen Tkach 902 West Babcock Lucille Treloar 702 South 9th Don Townsend 932 South l2th Frank Va1genti 440 East Main Beverly Waldeisen 403 South 10th Following a lengthy discussion and the presentation of the written protests, the Mayor declared the public hearing on the 1978 sidewalk and curb reconstruction program closed. The City Manager recommended that action be deferred for a period of two weeks to allow time to re- view the protests. Public Hearing - Conditional Use Permit - O.W. McPherson - to construct two additional one-bedroom apartments in the second floor of F.W. Woolworth's located at 26 East Main Street This was the time and place set for a public hearing to consider the request of O.W. McPherson to construct two additional one-bedroom apartments in the second floor of the F.W. Woolworth's building located at 26 East Main Street. I The Planning Director presented the staff report, recommending denial of the conditional use permit because there were not sufficient parking spaces. The Mayor declared the public hearing closed, and the City Manager recommended that action be deferred for a period of one week. Public Hearing - Zone Map Changes (a) A. Heetderks - Zone map change from R-4 to B-3. To be used as a parking lot for Gallatin Valley Medical-Dental Center located at the southwest corner of the Olive 'and Black intersection - 499 This was the time and place set for a public hearing to consider the request of A. Heetderks for a zone map change from R-4 to B-3 on a lot to be used as a parking lot for Gallatin Valley Medical-Dental Center, located at the corner of the Olive and Black intersection. The Planning Director presented the staff report, recommending approval of the request. He also stated that the Zoning Commission had received numerous protests to the rezoning. I Doug Drysdale was present on behalf of the petitioner. He stated that Mr. Heetderks proposes to add a second floor on the Gallatin Valley Medical-Dental Center and requires more parking spaces than he has presently. Several persons residing in the immediate area were present to protest the proposed zone change. Also, the City Manager presented a petition which carried 28 signatures, protesting the zone change. The Mayor closed the public hearing, and the City Manager recommended that action be deferred for a period of one week. (b) Gallatin County - Change to the City's official zoning map which would reclassify the zoning of approximately 16 acres of land from R-3 to PLI - the vacant Holy Rosary School Building This was the time and place set for a public hearing to consider the request of Gallatin County for a zone map change from R-3 to PLI on approximately 16 acres of land at the vacant Holy Rosary School site. The Planning Director presented the staff report, recommending that the rezoning be approved with a "T" designation on the parcel of land, except for the location of the Law Enforcement Academy. John Buttleman, Gallatin County Commissioner, stated that they had no objection to the "T" designation. He also requested that action be taken on this date, rather than the customary one- week delay, since the Law Enforcement Academy is running short on time to meet its September 1 deadline. He also stated that the Gallatin County Commission minutes reflect that "any permanent I structure put on any of the area will be architecturally compatible with the present structure." Larry Lytle, Director and Bill Heinecke, Assistant Director, were present for the Law Enforce- ment Academy. Several persons were present to voice their approval of the Law Enforcement Academy being located at this site. They also approved of the "T" designation so that there would be public input before any permanent structures were constructed on the site. The Planning Director presented a recommended map which excluded the site for the Law Enforce- ment Academy from the liT" designation so that there would be no further delay for hearings. The Mayor declared the public hearing closed. After some discussion, the City Manager read an excerpt from his memorandum as follows: "I've never encountered anyone who was not in favor of continuing the Law Enforcement Academy in Bozeman. Further, there appear to be no objections to locating the Academy on the Rosary site. I personally wish to do nothing to prevent the Academy from leaving University premises, and being established expeditiously elsewhere. If we approve the "T" zoning for the balance of the Rosary site--excluding the parcel on which the Law Enforcement Academy is to be established, it would appear that all parties should be satisfied. This would allow immediate placement of the Law Enforcement Academy struct- ures on the site--except for re-locating them elsewhere than over the sewer. At the same time, some public interest would be served by retaining the liT" designation for the bal- ance of the site, to ensure neighborhood and Commission review over any proposed uses. I would strongly recommend the "T" excluding the site of the Law Enforcement Academy." It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission reclassify the approximately l6 acres of land located at the vacant Holy Rosary School site from R-3 to PLI "T" with the exception of the area to be used by the Law Enforcement Academy, as outlined I on the map presented by the Planning Director. The motion was carried by the following Aye and No vote , those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, those voting No, was Mayor Sedivy. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the portion of land for the Law Enforcement Academy, as outlined on the map presented by the Planning Director, be rezoned from R-3 to PLI and that after establishment of the Law Enforcement Academy, as now planned, that the County Commission and Law Enforcement Academy petition to have the liT" designation added to that parcel of land also. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Commissioner Vandeventer, those voting No, Mayor Sedivy. --"'- _. --- -. .~----"-'-~-~----- ~O() ~','.., The City Manager was instructed by the Commission to write a letter to the Attorney General explaining the Commission action on behalf of the Academy. Application for kennel license - Rick Battle The City Manager presented the application for a kennel license for Rick Battle at 509 South Fourth Avenue. He also presented a petition containing six signatures requesting denial of the I license and a letter from one of the Dog Marshalls, also requesting denial. The Commission concurred with the City Manager's recommendation for denial. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the kennel license application from Rick Battle be denied. The motion was carried by the following Aye and No vote, those vot- ing Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Museum of the Rockies - Request custody of the stained glass from the Old Opera House The City Manager brought the request of the Museum of the Rockies for custody of the stained glass from the Old Opera House before the Commission and stated that no written request had been received regarding this matter. Following a brief discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that action by deferred on this matter until further information is obtained. The motion was carried by. the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Ordinance No. l008 - Amend Zone Code to allow professional and business uses as a permitted use in the B-1 zone The City Manager brought Ordinance No. 1008, an ordinance to amend the Zone Code to allow professional and business uses as a permitted use in the B-1 zone, before the Commission. The Planning Director stated that the ordinance was in error because it should state "con- I ditional use" rather than "permitted use." It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that action be tabled until the wording can be corrected from "permitted use" to "conditional use." The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Commission Resolution No. 1987 - Intent to annex Far West Annexation; Public Hearing - August 9, 1978 COMMISSION RESOLUTION NO. 1987 A RESOLUTION DECLARING THE INTENTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO EXTEND THE BOUNDARIES OF SAID CITY TO ANNEX A CONTI- UOUS TRACT OF LAND HEREIN DESCRIBED. as prepared by the City Attorney, stating the intent to annex the Far West Annexation and setting the public hearing date for August 9, 1978, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Commission Resolution No. 1987 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, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution - Stating Bozeman's concern regarding possible elimination of Amtrak south- ern route The City Manager stated that he had not had time to draft a resolution stating Bozeman's I concern regarding the possible elimination of the Amtrak southern route and request that the Commission delay action until the resolution is written. Reports The following reports were presented: Director of Public Service for April Fire Department quarterly Police Department for June Police Court for June Library for June Building Inspector for June -;e' : "0," ,) I, . The City Manager commended' on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be accepted and ordered filed. 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. I Claims for June 1978 The payroll claims and the general claims for the month of June 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 war- rants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Request for Cable TV in Figgins Addition Mr. Orme Kellett, a resident of Figgins Addition, stated that he had been unable to get the Cable TV to extend their service to reach his house in the Figgins Subdivision and asked if the City Commission could help in any way. Commissioner Vandeventer asked to be excused for the remainder of the meeting. Mr. Kellett was told that the Cable TV is not a franchise and that the City Commission has no power over that company. The City Attorney, nevertheless, offered to write a letter on be- half of the complainant. Application for Gambling License - Ralph Ferraro - Rocking R Bar (2 tables) The City Manager presented the application for a gambling license for two tables at the I Rocking R Bar. He also requested that action be delayed for one week because of some reservations regarding the application which he wished to clear up before approval of the application. Set hearing date for Revenue Sharing Funds The Commission set Monday, July 17, 1978, at 7:30p.m., in the Commission Room of the Munic- ipal Building, as the time and place for the hearing for the Revenue Sharing Funds. Use of Community Development Block Grant (CDBG) Funds - Villard Street The City Engineer brought the matter of using Community Development Block Grant (CDBG) Funds for the paving of Villard Street before the Commission. He stated that they had already approved use of CDBG Funds for the paving of Villard Street from Willson to Grand and requested permission to add sidewalk to this expenditure of funds. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission authorize use of Community Development Block Grant Funds to finance a portion of the cost to con- struct sidewalks along Villard Street from Willson to Grand. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner MacNab, Com- missioner Vollmer; and Mayor Sedivy, those voting No, none. It was then stated that the property owners who would participate in the (added) sidewalk assessment should be informed of this proposed improvement before any such construction was authorized. Adjournment I 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. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and -, .I - ATTEST: - - fP~ ~qt 4JA'~ AntPNc SLERK OF CITY COMMISSION - --~ -- ---- ------ - ~ -~--- - -----------~- ~~ - --.--- --- -"-~ -- ------ i---~ .,," _.) C:' I I , - I r '- - - ,- ~ ~ - '-' - ," ~ - -- - ,- _0 ...."