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HomeMy WebLinkAbout1979-01-10 , ,'. (', ~.i.j January 10, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 10, 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 Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on January 3, 1979, were approved as submitted. Open Construction Bids - SID No. 600 Watermains Figgins Fourth Addn. SID No. 601 Sanitary Sewer Figgins Fourth Addn. SID No. 602 Storm Drain & Paving Figgins Fourth This was the time and place set for the opening of bids for construction of SID No. 600 Watermains, SID No. 60l Sanitary Sewer, and SID No. 602 Storm Drain & Paving in Figgins Fourth Addition. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the following bids be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter and Mayor Sedivy, those voting No, none. Bernard Construction Company, Bozeman $l92,373.65 Tom Roe Construction, Big Timber l74,249.53 Upon the City Manager~ recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean and Hoskins, Inc. and the City engineer for tabulation and a recommendation to be made on Wednesday, January 17, 1979. 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. I Consideration of Parking Commission Resolution Authorizing condemnation of Stimson property A Parking Commission Resolution as prepared by Attorney Berg was presented. The Parking Commission requested authorization by the City Commission for condemnation of the Stimson (Estate) property on Mendenhall Street. The lands and real property are necessary for the establishment of a public off-street parking lot. The Bozeman Parking Commission, acting by and through its duly authorized agents made a fair effort to negotiate an agreement for the purchase of the necessary real property, but said agents and owners of said lands and real property were unable to reach an agreement for the purchase of the same at a cost which is deemed reasonable by the Parking Commission. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the Bozeman Parking Commission Resolution as prepared by Attorney Berg on behalf of the Parking Commission. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permits a) Natalie Jenkins - Addition to bakery located at 1523 North Rouse I The decision on 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 delayed for a period of one week, was brought before the Commission for a decision. Following discussion, the Commission concurred in the recommendation of the Bozeman Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for a Conditional Use Permit with the following condition: That the existing tin building be removed from the proposed site prior to the issuance of a building permit. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. b) Kenneth Spain - Construction of medical office Mendenhall & 11th Having delayed action on the request of Kenneth Spain for a period of one week, it was 120 again presented. The applicant seeks a conditional use permit to construct medical offices at the corner of West Mendenhall and North llth Avenue. The site is presently zoned R-4 which requires a conditional use permit for medical offices. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request for the conditional use permit be approved with the following conditions: 1. The landscaping plan as submitted dictate the landscape development. I 2. The proposed addition be shifted to the south two feet and the parking area enlarged. 3. The applicant recommend any and approval. placed on the Commission to has not proposed any signing; therefore, the Staff would signing be submitted to the Planning Staff for review and Should the applicant disagree with the signing limitation use, the applicant has the prerogative to request the Zoning act on the signing limitation. 4. All required on-site improvement shall be completed within twelve months of the issuance of the conditional use permit. Approval shall also be subiect to the site development as outlined in the applicant's recent site plan. Decision - Zone Map Change a) Stan Erlenbush, et al from R-3 & R-O to B-2, So. 19th Ave. Having delayed action on the request of Stan Erlenbush for a period of one week, it was again presented. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately ten acres of land from R-3 and R-O to B-2 which is in conflict with the Bozeman Area Master Plan designation of Medium Density Residential. The Zoning Commission unanimously recommended denial of the Zone Map Change as did the City/County Planning Board. The Commission concurred in the City Manager's recommendation, and it was moved by Com- missioner Vollmer, seconded by Commissioner Swanson, that the Commission deny Stan Erlenbush's request for a Zone Map Change from R-3 and R-O to B-2. 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) Ken LeClair, et al - from R-3 to R-O, South 19th Avenue I Having delayed action on the request of Ken LeClair for a period of one week, it was again presented. The applicant seeks a change to City's Official Zoning Map which would reclassify the zoning on approximatley seven acres of land from R-3 to R-O which is in con- flict withithe Bozeman Area Master Plan designation of Medium Density Residential. The area is located East of South 19th Avenue. The Zoning Commission recommended denial of the Zone Map Change from R-3 to R-O, as did the City/County Planning Board. The City Manager recommended denial of the Zone Map Change. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission deny the Zone Map Change from R-3 to R-O as requested by the applicant. 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 Commissioner Vollmer, and Commissioner MacNab. Continued Hearing - Conditional Use Permits a) Milton Jones - allow well drilling on Bridger Drive The public hearing on the request of Milton Jones for a conditional use permit to allow the construction of 4,500 sq. ft. building to be used for storage and maintenance for equip- ment used for a well-drilling and welding business having been continued until a recommenda- tion was received from the Zoning Commission was presented. The Planning Director presented the staff report which recommended approval subject to conditions. The applicant was present to answer any questions. He felt that conditions 1, 2 and 3 appeared to be agreeable, however, regarding condition 4, he felt that the six inch protection curbing would be somewhat expensive to install. He questioned the precedent of this curbing. The City Engineer pointed out that the proposed site cannot be supplied with City Sewer and water by the new line which is being put in until such time as the area is annexed to the City. He further advised the Commission that SID No. 59l goes directly past Bridger Drive and that at the time the properties on both sides of Mr. Jones are brought into the City, I " ~~l that Mr. Jones' property will be brought in also. There being no further discussion, the Mayor declared the hearing closed and a decision will be made on Wednesday, January 17, 1979. b) Michael McMullen - construction of warehouse on North Rouse Avenue I The public hearing on the request of Michael McMullen for a conditional use permit having been continued until a recommendation was received from the Zoning Commission, was presented. The applicant seeks a conditional use permit which, if granted, would allow the construct- ion of a warehouse and plumbing shop. The site is Lot 13 of the Bomont Center Subdivision, located north of the old D.T.I. property, along the East side of North Rouse Avenue. The Planning Director presented the staff report and recommended approval with seven con- ditions. The applicant addressed the Commission and stated he was in agreement with the conditions as recommended by the staff. He stated he was not planning to build immediately but was plan- ning ahead .to when he would be able to build sometime next summer. There being no further expressions, the hearing was closed and a decision will be made on Wednesday, January 17, 1979. Public Hearing - Conditional Use Permit use to another non-conforming use. approximately 13 acres. - Maurice Klabunde - Allow change of one non-conforming Located along U.S. 191 west of Rae Road and containing I This was the time and place set for a public hearing to consider the conditional use per- met requested by Maurice Klabunde. The applicant seeks a conditional use permit which, if approved, would allow the change of one non-conforming use (Stan's Miniature Golf) to another non-conforming use (a furniture and mobile home accessories store). The site is located along U.S. 191, west of Rae Road. The site contains approximatley 13 acres. The Planning Director presented the staff report and recommended approval of the permit subject to four modified conditions. David Penwell, Attorney representing the applicant, addressed the Commission. He stated that the applicant has a right to continue a non-conforming use and also a legal right to change a non-conforming use subject to the provisions of the ordinance. Mr. Penwellreiterated that the applicant is now complying with recommendations made all the way up the line on the previous submission. He further stated that the use would be compatible with the requirements of the district. The City Engineer stated that since the City Commission had denied the rezoning of the proposed site to a B-2 zone, that he felt if this non-conforming use is connected to a B-2 zone that it makes it that much easier for it to become commercial zoning also. He further stated that the existing entrance be allowed but that no connection be allowed from Heritage Homes to the non-conforming use. One of the conditions for the use could be that no access route be established. Mr. Van't Hul was concerned that a non-conforming use connected to a B-2 zone would become a B-2 use, and he felt these uses should be kept separate. Several property owners were present to protest the change of one non-conforming use to another non-conforming use. They felt this was an agricultural area. There being no further expressions, the hearing was closed and a decision will be made on Wednesday, January 17, 1979. Ordinance No. 1018 - Burrup Annexation east of Bozeman between Interstate 90 and US 10 ORDINANCE NO. l018 I AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TO INCLUDE A TRACT OF LAND LYING IN THE SE~ OF SECTION 8, THE SW~ AND SE~ OF SECTION 9, AND THE NW~ AND THE NE~ OF SECTION 16, TOWNSHIP 2, SOUTH RANGE 6 EAST, M.P.M., GALLATIN COUNTY, MONTANA, WHICH IS CONTIGUOUS TO THE CITY OF BOZEMAN, WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN. as prepared by the City Attorney was presented. ; It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 1018 annexing a tract of land lying the SE l/4 of Section 8, the SW 1/4 and SE 1/4 of Section 9, and the NW 1/4 and NE 1/4 of Section 16, Township 2 South, Range 6 East, M.P.M. Gallatin County, Montana, and designated the Burrup Annexation be passed and adopted. . The motion was carried by the following Aye and No vote, those voting Aye being Commissioner 122 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Reappointments Mayor Sedivy announced his reappointments to the various City Boards as follows: Board of Adjustment - William C. Hanshaw - Effective January 1, 1979 (3 year term) George H. VanNoy - to December 31, 1981 - Rev. Lyle J. Onstad- " - Mrs. Earl Bradford - Effective January 1, 1979 to December 31, 1981 " " I Cemetery Board (3 year term) " Zoning Commission - Roger Craft - to December 31, 1980 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion concur in the reappointments made by the Mayor. 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. Application for Beer License - Bunky'sPump~-Pak The City Manager presented an application from Bunky's Pump-n-Pak, along with the required fee, for an off- the premise beer license for the year 1979. Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the above application as presented. 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. Application for Kennel License - Robert C. Quick - 2803 Langohr Avenue An application received from Robert C. Quick of 2803 Langohr Avenue, requesting a kennel license in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager advised the Commission that the Police department recommended approval to the application. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the appli- cation be approved and the Director of Finance be instructed to issue a kennel license in ac- cordance therewith. 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 Application for Renewal of Kennel License - Mrs. Dorothy Kenck, 1317 W. Alderson An application received from Mrs. Dorothy Kenck, 1317 W. Alderson, requesting a kennel license in accordance with Ordinance No. 857, Section 5.6l.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager stated the license is a renewal and he was not aware of any reason to deny the kennel license. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the applica- tion be approved and the Director of Finance be instructed to issue a kennel license in ac- cordance therewith. 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. Quarterly December December September, report - Fire Department - Building Inspector - Police Department October and November - Director I Reports The following reports were presented: of Public Service The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports J.. L i,~" 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, thsoe voting No, noen. Adjournment I There being no further business to come before the Commission, 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, Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. ATTEST: ~'---' ~. ~/-c7 ~" ,." "" ." .--...j /.....~..... ,.- ...',. ~. - -" ~--c" _>" pL.-<-? ~--- - EDMUND P. SEDIVY, SR.-MAY? ~ /C4?~~ /' !'%:# Clerk of the City Gommiss;o I I