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HomeMy WebLinkAbout1980-09-17 -124 Bozeman, ~10ntana September 17,1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 17,1980 at 1:~5 o~clock p.m. Present were Mayor MacNab, . - Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, City Manager Gesko, Acting City Attorney Johnstone and the Clerk. I CommissionerMathreopened the meeting with a prayer whereupon the minutes of the regular meeting held on Tuesday, September 9, 1980 were approved as submitted. Decision - Zone Map Change - Wm. Sebena, A-S to R-MH, 30 acres north of and adjacent to Bohart Lane approximately 1,000 feet east of L Street The request of Wm. Sebena for a Zone Map Change was presented for a decision. The applicant seeks a change to the City's Official Zoning Map on approximately 30.0 acres located north of and adjacent to Bohart Lane about 1000 feet east of L Street. If approved, the current A-S classification would change to R-MH. The property is vacant and Rocky Creek extends along its western portion. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Zone Map Change from A-S to R-t1H as requested. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Decision - Conditional Use Permit - Julian DeGidio, Jr., - Auto Repair shop ~n Industrial Sub- division ' The decision on the request of Julian DeGidio, Jr., for a Conditional Use permit, having been delayed for a period of one week, was brought before the Commission for action. The applicant seeks a conditional use permit which, if granted, would allow an automative repair shop in twenty-four hundred square feet of an existing forty-eight hundred square foot structure. The site is located at 517 Bryant Street. The lot area is 18,620 square feet and is zoned M-1-T-4. I The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the request for a conditional use permit be approved with the following conditions: 1. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 2. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 3. The Conditional Use Permit shall be valid for a period of only eighteen (18) months fOllowing institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Fa i1 ure of the applicant to satisfy all conditions within the designated time per- iod may be grounds for terminating the Conditional Use Permit. If all requ ired conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Decision - Zone Map Change - Motel 6, Inc., M-2-T to B-2-T - 0.57 acres located at Nikles Drive Having delayed action on the request from Motel 6, Inc., for a period of one week, it was brought before the Commission for a decision. I The applicant seeks a change to the City's Official Zoning Map on approximately 0.57 acres located at 612 Nikles Drive. The property is described as the easterly portion of Lot 2A, McChesney Industrial Park Subdivision. If approved, the current zone classification of M-2-T would change to B-2-T from M-2-T. The Commission concurred in the recommendation of the City r1anager, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Zone Map Change for t10tel 6, Inc., be approved. The motion was carried by the following Aye and No vote: those voting Aye being 125 Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Decision Zone Map Change - West Babcock Joint Venture, R-R to R-3 - 7.5 ac~? - northwest corner of the Main Mall Shopping Center Having delayed action on the request of West Babcock Joint Venture (Robert Pearson) for I a period of one week, it was brought before the Commission for a decision. The applicants seek a change to the City's Official Zoning Map, on approximately 7.5 acres located northwest of and adjacent to the City Limits approximately at the northwest corner of the Main Mall Shopping Center. A portion of the property is south of and adja- cent to Babcock Road. The City Manager had suggested that the classification be changed to R-3 (TH) which would require townhouses instead of apartments. This would insure individual ownership, if not reducing the number of units on the parcel. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Zone Map Change from R-R to R-3TH with the provision that subdivision approvals will be based on available road systems both on-site and off-site, adequate to accommodate the phased development of any property in this area. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner t1athre, Commissioner Vollmer, Com- missioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Cooperative Agreement with Blue Ribbons Having delayed action on the proposed Cooperative Agreement with Blue Ribbons for sev- eral weeks for staff review, it was again presented. Joel Shouse was present to answer any questions. The City Manager suggested that the Commission approve the Cooperative Agreement with a few minor changes and upon the approval of the City Engineer. I Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Cooperative Agreement by and between Blue Ribbons of the Big Sky Country Areawide Planning Organization and the City of Bozeman, for the purpose of implementing the BLUE RIBBONS Water Quality Management Plan, be approved and the t1ayor be designated to sign the Cooperative Agreement for the City of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Cal~ for Bids - Drilling of 200-foot monitoring 'well and 50-foot monitoring well at Landfill Site - Story Mi 11 Road - Open October 1, 1980 . Plans and specifications for drilling two monitoring wells at the landfill site was pre- sented. The State Department of Health requires these wells in order to measure any possible or potential groundwater contamination below the landfill. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the recommendation of the City Manager and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for drilling two monitoring wells at the landfill site with an opening date of October 1, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for License - Phone solicitation - C & R Funding I An application for phone solicitation license along with the required fee from C & R Funding was presented. The C & R Funding is a professional fund-raising organization, being retained by the Bozeman Jaycees. The organization has been checked out by the Police Department, and all participants have been appropriately cleared. In addition, a $1,500. bond has been deposited, as required by the ordinance. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission "12'6 approve the application for the phone solicitation license for C & R Funding. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for raffle license - Bozeman Senior Center - November 1, 1980 I The City Manager presented an application for a raffle license along with the appro- priate fee from Bozeman Senior Center for a raffle to be held on November 1, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for a raffle license as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and f1ayor MacNab; those voting No, none. Proclamation - Constitution Week - September 17-23 The Mayor proclaimed the week of September 17-23, 1980 as Constitution Week in the City of Bozeman and invited the citizens of Bozeman to participate in the ceremonies and activities. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. Designation of voting and alternate voting delegates - Annual Congress of Cities - November 29 - Oecember 3, 1980, Atlanta, Georgia It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Mayor MacNab be designated as a voting delegate and that Commissioner Swanson, be designated as an alternate voting delegate at the Annual Congress of Cities to be held in Atlanta, Georgia on November 29 - December 3, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. I Commissioner Stiff hoped that the Mayor and Commissioner would come back with some good reports of the accomplishments at the technical session. Letter of Understanding - re Easement and Right-of-Way Sewer Trunk - Molendyk's A "Letter of Understanding" to set forth a specific agreement between the City of Bozeman and Mr. A. Martin f~olendyk, and Eva t101endyk, was presented. The City wishes to lay a sewer trunk line across some of the property belonging to the Molendyk's which lies in the N~ of Section 17, Township 2 South, Range 6 East, M.P.M., Gallatin County. The points agreed to by the City of Bozeman and the Molendyks are as follows: 1. The Molendyk residence comprising ~ acre can be hooked onto the sewer trunk upon signing of the appropriate waiver of protest of annexation. Such waiver is to apply to only the half acre and not to the rest of the property owned by the Molendyks. 2. The topsoil over the sewer trench will be replaced and reseeded to as near the existing ground cover as possible. 3. Manhole rings and covers will be left at ground level. 4. The irrigation system will be preserved and left in its present condition. Construction practices will be employed to prevent water from the stream entering and following the construction trench. The natural flow in the stream will be protected, but the City of Bozeman will not be responsible for removing the seepage from the New Hyalite View sewage lagoons which is the purpose of the sewer trunk and a requirement of the State Water Quality Bureau. 5. That this agreement shall be binding upon the parties hereto, their heirs, I successors, personal representatives and assigns. Upon concurrence of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the "Letter of Understanding" to set forth a specific Easement and Right-of-Way Sewer Trunk Agreement between the City of Bozeman and A. f1artin Molendyk and Eva Molendyk and authorize and direct the Mayor and Clerk of Commission to sign for the City. The motion was carried by the following Aye and No vote: 12'1 those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Claims The general claims for the month of August, 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman, I and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commis- sion approve the claims. The motion was carried Qy the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor t1acNab; those voting No, none. File Building Inspector's report The City Manager commented on the report of the Building Inspector and recommended it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report of the Building Inspector be accepted and filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, and Mayor ~1acNab; those voting No, none. Adjournment - 2:07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, 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 Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. ~ ~ / I ~.- JJ . DUNCAN S. MACNAB, Mayor ATTEST: r?~ d!l~J/tlJ~ tlP1/ ERNA V. HARDING, Clerk of the City Commission I