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Home My WebLink About1979-07-25 - ~" '- I ,,:', July 25, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 25, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney P1analp and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, July l8, 1979, were approved as submitted. Commission Resolution No. 2088 - Amendment to 1972 Bozeman Area Master Plan (Jahnke property) The City/County Planning Director submitted information as a follow-up to previous discuss- ions regarding the amendment offue Bozeman Area Master Plan to reflect the land uses sought by Virgil Jahnke for his proposed development. The information submitted for formal amendment of the master plan had been referred to the City Attorney for review, proper form and content. The City Attorney advised the Commission that he had reveiwed the proposed resolution sub- mitted and found it to be in proper form and content. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve Commission Resolution No. 2088 providing for an amendment to the 1972 Bozeman Area Master Plan in accordance with the desires and needs to the residents of Bozeman and its related p1an- nig areas as expressed through citizen study groups and advisory committees, special surveys, and public hearings as presented, entitled: COMMISSION RESOLUTION NO. 2088 A RESOLUTION OF THE CITY OF BOZEMAN PROVIDING FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN The motion was carried by the following Ayemd No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Montana Bank - petition re proposed Industrial Development Revenue Bond Issue - Commission Resolution No. 2083 - Calling for public hearing The Montana Bank submitted a petition requesting the City Commission to call a public hearing for the purpose of discussing the issuance of industrial revenue bonds by the City of Bozeman, to finance acquisition of land and erection of buildings for a new Montana Bank Complex. Joe Sabol, representative for the Montana Bank of Bozeman was present to answer any quest- ions that might arise and to explain their purpose for requesting the public hearing. He stated that prior to the issuance of any bonds under the authority of the Act, the City Commission must give notice and hold a public hearing on the proposed project. The City Commission may-no't approve any bonds pursuant to the Act unless it appears, after the public hearing, that such approval is in the public interest of the City of Bozeman. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition and the Clerk of the Commission be instructed and directed to publish a notice of public hearing infue Bozeman Daily Chronicle once a week for three con- secutive weeks prior to August 29 at which time the public hearing will be held. 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. Request for interpretation of Zoning Ordinance - accessory use for bakery at Mount Ellis Academy I A letter received from Kenneth E. Ladd, Business Manager of Mount Ellis Academy, requesting that the Mount Ellis Academy Bakery be classified as an accessory use in zoning district AS, was presented. The City Manager advised the Commission that he had visited with Mr. Ladd in regard to the interpretation of the Zoning Ordinance. The City Attorney's concern was subsequent requests and the long term effect it would have on retail outlets. Mr. Ladd said that they do sell tothe Harvest and to a few other businesses. The bakery was started in 1977-1978 when the Harvest first opened. The City Attorney stated that a bakery is an accessory use to a school. Commissioner Swanson moved that the Commission allow the Mount Ellis Academy Bakery to con- tinue as is until they go through the process of acquiring a conditional use permit. Commissioner ? 71/_ ....... I J Vandeventer seconded the motion. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. The City Attorney recommended that a retail bakery not be next to a school. The City Manager concurred in the recommendation. Library Site designation Commissioner Vollmer stated he and Commissioner Swanson met with representatives of the Library Board, Friends of the Library, the City Manager, and the Library Architect to discuss the location of the new library structure. Commissioner Vollmer advised the Commission, that the group voted six to two to recommend placing the new library structure on the west side of Sourdough Creek, to include the City properties and the Hagen and Hoffman properties. The City Manager stated he had preferred the west side, but would have accepted either site for the structure itself, with the sole condition that the City retain the right to dis- pose of 15,000 square feet remaining either on the west or east edge of the total site. The City Manager objected to the position that the City will not dispose of any of the City shop property as long as the library building is to be used as a library. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission designate the west side of Sourdough Creek, to include the City property and the Hagen and Hoffman properties, as the site for the new library structure and required off-street parking, further that the area on the east side of Sourdough Creek be retained by the City as parking for the City employees as long as the new structure is used as a library. 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. Conditions - re custom meat cutting - Edgar Lester An Affidavit stipulating the conditions of Mr. Edgar Lester's proposed custom meat cut- ting business, as prepared by the City Attorney was presented. The Affidavit states that Mr. Lester is the owner of the residential dwelling located at 1057-3 Kelly Canyon Road and that said dwelling contains approximately two thousand one hundred seventy-two square feet. The garage attached to the dwelling in which Mr. Lester proposed to conduct a home occupation as a custom meat cutter has approximately three hundred twenty square feet of enclosed space. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition and make it a matter of record. 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. Communication from KBOZ - re placing of a tower and construction of 225 sq. ft. b1dg on exact site where Department of Hiways Tower is located A letter received from William Reier, President of KBOZ, requesting permission to erect one guyed FM Tower and construct a 225 sq. ft. building on the exact site where the Department of Highways Tower is located, was presented. Joe Sabol, representative of KBOZ explained that the tower would be placed where the pre- sent beacon is located, the lower antenna would come down and the higher antenna would be in~ stalled in its pla~e. The Commission advised Bill Reier of KBOZ to put something in writing in regard to paying installation costs for a decision to be made on Wednesday, August 1, 1979. Plans and Specifications SID No. 610 - Paving - Wagon Wheel Road, Heritage Drive., & Silver wood Drive - Woodridge Annexation - SID 612 - Watermains in Westridge Meadows - Open construction bids August 15, Bond Sale August 22 The City Manager ~ecommended that the plans and specifications for the paving and storm drain construction of Wagon Wheel Road, Woodridge Annexation SID No. 601 - Watermains in Westridge Meadows, SID No. 612 as prepared by Thomas, Dean & Hoskins be approved. Upon recommendation by the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the plans and specifications be approved as presented. Also that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for I I I ." .- ~, ,-I I the construction of SID No. 610 and 612 with an opening date of August 15, 1979. The Clerk of the Commission was also authorized and directed to advertise for bids for the sale of bonds for SID No. 610 in the amount of $26,000.00 and $142,300.00 for SID No. 612 to be received August 22, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Receipt of Petition - requesting annexation of Allison property A letter received from Eugene & Genevieve Graf petitioning the City to annex the Allison Tract, just south of Summit Engineering and east of Figgins Addition, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commis- sion acknowledge receipt of the petition and refer it to the staff for a decision. 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. Officially designating name of "Sourdough Trail" The Rotary Club suggested the name of "Sourdough Trail" for the recreation trail which they and the City had been instrumental in providing, lying between Kagy Boulevard and Golden- stein Lane. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that they delay their decision on naming the park for a period of one week. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Comissioner Vandeventer and MayoriSedivy, those voting No, none. Proclamation - "Sweet Pea Week" - August 2 - 5, 1979 I Mayor Sedivy proclaimed the week of August 2 - 5 as "Sweet Pea Week" in the City of Bozeman and asked that everyone in the community join together to bring honor and recognition to our community and immeasurably enrich all of our lives. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission endorse the Mayor's proclamation. 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. Application for Gambling License - Thomas L. Young of T.J. 's - $750.00 The City Manager presented an application for a Gambling License along with the appropriate fee of $750.00 from Thomas L. Young of T.J. IS. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion concur in the recommendation of the City Manager, and approve the application for the issu- ance of the gambling license. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. Application for Beer License - ThomasL. Young of T.J. 's - $100.00 I The City Manager presented an application from Thomas L. Young of T.J. 's along with the appropriate fee for a beer license for one-half year ending December 31, 1979. Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the application for the beer license. 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. Report The City Manager presented the report of the Fire Department for the quarter ending June 30, 1979 for acknowledgement and filing on Wednesday, August 1, 1979. Adjournment There being no further business to come before the City Commission, 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. 276 '~~,/~ ..:r::::.:,""". /.. .........::-7 7 ,,/ ... ~~/ '"" EDMUND P. SEDIVY,_.~R.., I ~ ATTEST: I I