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HomeMy WebLinkAbout1979-01-03 118 January 3, 1979 Eozeman,Mt. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 3, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney Planalp and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on December 31, 1978 were approved as submitted. The Burrup Annexation hearing was held on December 6, 1978 and any action was deferred for a period of at twenty days, for comments for or against the proposed annexation. It had been determined that the statute does not require full municipal services/util- ities within a five-year period. The statute does require that the City prepare a report indicating the extent of municipal services/utilities to be provided within at least a five- year period. Letters received from resident freeholders constitute less than 51% protesting the annex- I Decision Burrup Annexation ation. Attorney Screener appeared on behalf of Neal E. and Jean M. Ganser resident freeholders of Tract B located in the South Half of Section 9 and the North of Section 16, T2S, R6E, M.P.M. Gallatin County, Montana. He advised the Commission that he felt there were more than two resident freeholders living in the area, because his clients are joint of the property which they own, (Mrs. Thiesen also present in the audience, when questioned responded that she and her husband are also joint tenants of the property which they own, this again made an even number -- for -- of the resi- dent freeholders within the proposed annexation area). The City Manager tabulated documents in his possession, which were submitted to him by both the City Engineer and Planning Director. These documents consisted of the report of city services to be extended to the area within a five-year period, together with maps show- ing utility service areas present and proposed as required by state statute. The City Manager read from these documents and directed that they be made and considered a supplement and a part to the original annexation report, previously submitted to the City Commission. Upon further discussion between the Attorney representing the Gansers, the City Manager and the City Commission and based on the City Engineers schedule of utility extensions, the Ganser property would not be affected by an S.I.D. --other than Sanitary Sewer-- for two or more years. Mr. Screener agreed that it would be to his clients advantage to consent to the annexation at this time, rather than request annexation at a later date. This would avoid inflated lump sum payments at that time for services then to be extended. With that under- standing, any objections by the Gansers were withdrawn by their attorney. Several persons favoring the Burrup Annexation were present. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Attorney be instructed to draw up an ordinance annexing the Burrup property to the City of Bozeman. 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. I Continued Hearing - Conditional Use Permits (a) Natalie Jenkins - 36' x 30' addition to Sweetheart Bakery~located at 1523 North Rouse Avenue The public hearing on the request of Natalie Jenkins for a conditional use permit-to allow a 36' x 30' addition to the existing Sweetheart Bakery building located at 1523 North Rouse having been continued until a recommendation was received from the Zoning Commission was again presented. The Planning Director presented the staff report which recommended approval subject to the condition that the existing tin building be removed from the proposed site prior to the issuance of a building permit. Natalie Jenkins was present and advised the Commission that the tin building would be removed as soon as the weather permitted. There being no further expressions, the hearing was closed and a decision will be made on Wednesday, January 10, 1979. I I I I '? ...L J.. j' (b) Kenneth Spain - construction of medical offices Mendenhall & North 11th The public hearing on the request of Kenneth Spain to construct medical offices at the corner of West Mendenhall and North 11th Avenue having been continued until a recommendation was received from the Zoning Commission was again presented. The Planning Directoradvised the Commission that the Zoning Commission had continued action on the above request because of concern they had regarding adequate maneuvering area behind the parking sites located adjacent to the alley. Since November the applicant resub- mitted a site plan showing the parking spaces adjacent to the alley having eighteen feet of maneuvering area, including the 10 foot alley. The Planning Director recommended approval of the permit subject to four conditions. Kenneth Spain was present to answer any questions that might arise. The Mayor declared the hearing closed and the decision will be made on Wednesday, January 10, 1979. Zone Map Change - Public Hearings (a) Stan Erlenbush,et al from R-3 and R-O to B-2. Area located east of and adjacent to South Nineteenth Avenue This was the time and place set for a public hearing to consider the request of Stan Erlenbush. The applicant seeks a change to the City's Official Zoning Map which would re- classify the zoning on approximately ten acres of land from Residential-Medium Density (R-3) and Residential-Office (R-O) to Community Highway Business District (B-2). The area is lo- cated East of and adjacent to South 19th Avenue extending northerly from the Fire Sub-station approximately 1,047 feet and extending easterly approximately 337 feet from South 19th Avenue. Paul Bolton, Planning Director presented the staff report. The staff report recommended denial of the request zone map change. Greg Morgan, Attorney representing the applicant, addressed the Commission. He stated the proposed zone change would make lots available for small business owners. He stated Stan Erlenbush is seeking community highway business and residential-office zones for an area which is mostly medium-density residential at this time. The attorney further stated that if the zone change was not approved, the area could be developed with all four plexes. He did not feel the highest and best use for the property was all four-plexes. Mr. Morgan stated commercial and office development would reduce traffic by 400 to 450 trips a day and would have a less adverse impact. There is a severe shortage of land for the individual entrepreneur, and property owners do not have the money to build planned unit developments which allow some commercial activities in residential zones. Two property owners were present and objected to the zone change because of the residential character in the neighborhood. They felt there was no need for a new business area, and that there seems to be vacant space available elsewhere in town. There being no further discussion, the Mayor declared the hearing closed and a decision will be made on Wednesday, January 10, 1979. (b) Ken LeClair, eLal- area located east of South Nineteenth approximately 1,000 feet from R-3 to R-O This was the time and place set for a public hearing to consider the request of Ken LeClair. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately seven acres of land from Residential-Medium Density (R-3) to Resi- dential Office (R-O) which is in conflict with the Bozeman Area master Plan designation of Medium Density Residential. The area is located East of South 19th Avenue, approximately 337 feet and extends northerly from the Gallatin County property approximately 1,000 feet. Paul Bolton, presented the staff report, recommending that the existing R-3 designation be maintained with the exception of that area South of Koch Street, North of the County prop- erty, and between the park area of Richards Subdivision and the present R-O district be changed from an R-3 zoning to an R-O zoning. Greg Morgan, Attorney representing the applicant, addressed the Commi~sion and stated his reasons for the zone change were the same as for the Stan Erlenbush request. Two property owners were present and objected to the zone change because of the resident- ial character in the neighborhood. They again felt there was no need for a new business area, and that there seems to be vacant space available elsewhere in town. Following discussion, the Mayor declared the hearing closed. A decision will be made on 118 Wednesday, January 10, 1979. Appearance by legal counsel for First Trust & Company of Montana (Stimson Estate) property, requesting that the City Commission not authorize condemnation Hal Bolinger appeared before the Commission to ask the City to deny the Parking Commis- sion's plan to condemn the property on Mendenhall. He stated the Parking Commission appar- ently began condemnation of the property prior to receiving authorization for such condem- nation by the City Commission. Mr. Bolinger said the Parking Commission had only $121,000 left in its special improve- ment district fund, and his clients believed the property was worth $200,000.00. Retired City Attorney Berg representing the Parking Commission advised the Commission that money matters were irrelevant until an award is made. Mr. Berg requested the City Commission to withhold making a judgement until he pre- sented a condemnation resolution to the Parking Commission and then to the City Commission. He said that at that time both parties could argue their cases. I Library Report The City Manager commented on the Library Report and recommended approval thereof. It was moved by Commission Vollmer, seconded by Commissioner Swanson, that the Library report be accepted and ordered filed. 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. Claims for December The payroll claims and the general claims for the month of December 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 instruct- ed to issue warrants in payment. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the claims be approved. 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 Proclamation - Alien Address Report Month Mayor Sedivy proclaimed the Month of January as Alien Address Report Month and requested all citizens, employees, and officers of the City of Bozeman to assist and encourage every alien within the City of Bozeman to report Office during the month of January 1979. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that they his address at the nearest United States Post endorse the Mayors proclamation. 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. Adjournment There being no further business to come before the Commission, it was moved by Commis- sioner Vollmer, 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 Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. ~---- .~7> /..----."...--:.',:.. :~MlJND -4--- I .....'J' ATTEST: l -Y~ / dn~ F/ d/tcCc~, Clerk of the City ommiss~