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HomeMy WebLinkAbout1979-03-21 (" , ~ 0~) March 21, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, Wednesday, March 21, 1979 at 1:15 o'clock p.m. Present were Mayor Sedivy, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City I Manager Gesko, City Attorney Planalp and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 14, 1979, were approved as submitted. Renewal of Lease - Old Elks Country Club with United Commercial Travelers Five Year Lease from March 21, 1979 A Lease Agreement between the United Commercial Travelers, Gallatin Valley Council #721, of Bozeman, and the City of Bozeman for the renewal of the lease of the Old Elk's Country Club Building, adjacent parking area east of the building situate in the Northern Pacific Addition to the City of Bozeman, was presented. The Lease shall be in effect from March 15, 1979, until the 15th of March, 1984. The tenant agrees to pay $110.00 per month for the first year, $120.00 per month the second year, $130.00 per month the third year, $l40.00 per month the fourth year and $l50.00 per month for the fifth year. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Lease Agreement be renewed for a period of five years. 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. Public Hearing (cont'd) Waite & Company - Rezone .51 acres of land located at 120 South Bozeman Avenue from R-4 to B-3 (withdrawn at request of petitioner) I Having continued the public hearing on the request of Waite and Company for a zone map change from R-4 to B-3 for a period of two weeks, it was again presented. The land in question was at 120 South Bozeman Avenue. A letter received from Waite and Company requesting withdrawal of the application for the zone map change for properties located at 116 and 120 South Bozeman was presented. The Mayor declared the hearing closed and the application for the zone map change was with- drawn. Decision - Yelew Builders - Zone Map Change (RS-l to R-3) approximately 4 acres located east of South Nineteenth, south of Lincoln Road - adjacent to Willow Way Action was delayed on the request of Yelew Builders for a zone map change for a period of one week. The applicant seeks a change to the City's official zoning map which would reclassify the zoning approximately four acres of land from RS-l to R-3. The area is located east of South Nineteenth Avenue, south of Lincoln Road, and adjacent to Willow Way. The owners do not wish to develop the land to the maximum density allowable under an R-3 I \ zone. It is also the owner'sintent not to allow a greater density than proposed by the present owners or developers. Commissioner Vollmer recommended that the proposed Zone Map Change from RS-l to R-3 be changed to R-3-T to allow the residents in the area to review any developments proposed for the site through public hearings. Petitions representing fifty-nine (59%) percent of the property owners within one-hundred fifty (150) feet of a tract of land in the West ~, NW ~, SW ~, Section 13, T2S, R5E, MPM, Gal- latin County, protesting the Zone Map Change, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner MacNab, that the Commission approve Yelew Builders Zone Map Change from RS-l to R-3-T. Those voting Aye being Commissioner Vollmer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vandeventer. Commissioner Swanson abstained. The City Attorney explained that the request for a zone map change would not become effect- ive except by the favorable vote of three-fourths of all members of the City Commission in ac- cordance with the Section 11-2705, ReM, 1947. The motion failed because 59% protested, which necessitated a 75% favorable vote. Decision - Westridge Development - Conditional Use Permit - Donald K. Weaver - 202 East Kagy Boulevard The decision on the request to consider the Conditional Use Permit for Donald K. Weaver 1G6 of Westridge Development having been deferred for a period of one week, was brought back for final action. Commissioner Swanson wondered if it was timely to vote on this issue. Thought perhaps the Commission should wait until the first building is completed before voting on the conditional use permit to allow the construction of a second building containing 8,160 square feet and lo- cated at 202 East Kagy Boulevard. Eleanor Christian of 2110 Spring Creek Drive asked several questions in regard to Mr. WeaverJ'S plans. Mr. Weaver responded to Mrs. Christian's questions and read an extensive report as to what his intentions were in regard to the construction of the second building. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the re- quest for the conditional use permit to allow the construction of a second building containing 8,160 sq. ft. with the following conditions: I 1. The building permit for the second office building not be issued until a final landscape plan is approved by the Planning Staff, and a final plan for sediment and erosion control for the area to be utilized for the ex- isting building and the second unit has been approved by the City Engineer. A fire hydrant or hydrants is to be installed within one year of the issuance of the building permit. 2. The final landscaping plan shall provide for seventy-five percent (75%) of all required yard, setback, and other landscaped areas to be landscaped with live vegetative material. All landscaped areas shall be enclosed by a per- manent, protective curbing at lease five (5) inches in height to prevent vehicular traffic across the landscaped areas. The landscape plan shall also provide for appropriate screening of all loading bays and trash stor- age areas with a solid wall or fence or dense vegetative plantings. 3. Signing shall be reviewed by the Planning Department and subject to their approval. 4. All landscaping, paving for the parking lot and site drainange require- ments to the site area associated with both office buildings be completed within one year of date of issuance of the building permit for the second office building now being proposed. The access road from Kagy to the build- ing and parking lot area be paved to City specifications within one year of completion of the paving on Kagy Boulevard. I 5. All landscaping, paving, and site drainage requirements for the site area associated with both office buildings shall be completed within one (1) year of the date of issuance of the building permit for the second office building now being proposed. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, beins Commissioner Swanson. Francis E. Barnett - Agreement, special exception to zoning requirements (Mobile Home) A proposed agreement by and between the City of Bozeman and Francis Barnett as drawn up by the City Attorney was presented. The Agreement authorizes continuance of the mobile home already placed there by Francis Barnett as the City Commission feels that severe hardship will result if the owner is required to remove the mobile home which is situated within the three mile jurisdictional planning and zoning limits of the City of Bozeman. The terms of the Agreement are as follows: 1. That subject to the terms and conditions of this agreement, the Owner may main tain his present mobile home on the real property, so long as he and his family alone reside in said mobile home. I 2. This temporary use and the permission to use the mobile home on the real property shall terminate upon the first of the following events: (a) Sale of the mobile home. (b) The last death of either of the owner or his spouse. 3. It is specifically understood that under no condition may the owner or any other individual sell or exchange this mobile home for another mobile home to be put on the above described real property. 4. It is specifically agreed that this agreement shall be recorded in the Clerk and Recorder's office of Gallatin County, Montana, to impart notice to all .Lvi I individuals of the condition of the temporary permission to use the mobile home and that the Owner shall pay all costs for recording this agreement. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the Agreement as written by the City Attorney. 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. "Call for Bids" - 10,000 GVW Cab and Chassis - Water Department - open bids April 4" The Water Department has need for a 1979 10,000 GVW truck and the City Manager requested authoriiation to call for bids for the truck. The Commission directed the City Attorney to correspond with the Attorney GeneralJsoffice requesting an opinion as to the legality of assessing a percentage penalty to out of town deal- ers when bidding on various pieces of equipment to be purchased by the City. It was noted that this would apply to franchise dealers only and not independent dealers. The money for the purchase of the truck will come out of the utility fund and not the general fund. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the pur- chase as requested be authorized and the Clerk of the Commission be directed to issue a "Call for Bids" for the bids to be opened on Wednesday April 4, 1979. 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 Proclamation delaring Bozeman Hawks Day and commending Hawks on State AA Basketball Championship Mayor Sedivy proclaimed the week of March 25 - 31, 1979 as "Week of the Hawk" in the City of Bozeman and encouraged all citizens of this community to recognize the character and achieve- ments of this outstanding group of individuals by participating in this week of recognition. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer and Mayor Sedivy, those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission present the Bozeman Hawks with a plaque for their consecutive second win of the Class AA Basketball Championship, and that it be paid for personally by the Commission. 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 League of Women Voters - Request to place banner across Main Street A letter received from Judy Mathre, President, League of Women Voters, requesting per- mission to place a banner across Main Street on Tuesday, April 3, 1979, to remind all registered voters to vote, was presented. The banner would be hung on April 3, and taken down on April 4. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the League of Women voters get a permit from the city, and that they provide for the erection and removal of the banner. The required $25.00 deposit is to be returned to the organization only if the banner is removed within forty-eight hours following the election. 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. Request from D.K. Weaver for creation of SID for water service to Westridge Development A letter received from Donald K. Weaver of West ridge Development petitioning the City of Bozeman to create a special improvement district for design and construction of a water line to serve the area generally known as Westridge Meadows to the City of Bozeman was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission acknowledge receipt of the petition and that the petition be referred to the engineer- ing staff for review and a recommendation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner 1G8 Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Request for annexation of 13 acres - south side of Griffin Drive, Westside of Burlington Northern right-of-way A letter received from James W. Kack, Bridger Canyon was presented. The petitioner owns approximately l3 acres of land located in the North West one quarter of Sec. 6, T2S, R6E, MPM, Gallatin County, Montana. He would like to initiate annexation proceedings to bring the 13 acres into the City. The property is located on the south side of Griffin Drive, between Griffin Drive and the interstate, and adjacent to the west side of the Burlington Northern right-of-way. This is the location of only one structure at this time, which is the present Coors warehouse. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the petition and that it be referred to the Engineering staff for review and a recommendation. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I Kennel License application - Rick & Kathy Secora - 711 North Montana An application received from Rick & Kathy Secora, 711 North Montana, 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. A letter received from the Chief of Police recommending that the kennel license be denied was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the request for the kennel license be denied based upon the dogs creating a nuisance. The motion was car- ried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, Acknowledge and file Building Inspector's Report for February I none. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the report of the Building Inspector be accepted and filed and that the Building Inspector be commended on the completeness of the report. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Adjournment There being no further business at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. 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. ATTEST: ~/ I