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HomeMy WebLinkAbout1977-07-13 ~,.,--.._. .. Bozeman, Montana 26tl July 13, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 13, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Acting City Attorney Coil and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on July 6, 1977, were approved as submitted. Consideration of Proposal of New Medical Arts Center - Don Nell Don Nell appeared before the Commission to explain his plans for a six story Medical Arts Building and to expound that he could not go ahead with the project if the 30,000 square feet or more requirement in the proposed ordinance is enforced requiring that he make a financial statement which he feels was impossible because of the clientele he would have in the building. The doctors will not commit them- selves until the building is readyi;or occupancy. He also pointed out that he intended to build the six floors at the present time but that he would only finish th~ee floors at this time. The other three floors would be finished as the demand warranted completion thereof. He further stated he would need some indication as to what the City intended to do with him when he was ready to begin the project. Public Hearings - Rezoning: a) AS to B-2 Heritaie Homes on US 191 - Petitioner M. Klabunde b) AS to B-I West slde of Rae School Road - Petitioner William B. Alverson I c) AS to B-2 US 191 east of Rae School Road - Petitioner Frank J. Trunk & Son a) This was the time and place set for a public hearing to consider the request of Maurice Klabunde for a zone change from AS (Agriculture-Suburban) to B-2 (Community Highway Business) on a 10.5 acre parcel of land now occupied by Heritage Homes and a 11.5 acre plot immediately east of and adjacent to the first parcel. Both properties front on U.S. Highway No. 191 and are approximately four miles west of Bozeman. The Zoning Commission tabled consideration of the Maurice Klabunde request until a recommendation is received from the Planning Board. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the hearing be continued until a recommendation is received from the Planning Board. 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. b) This was the time and place set for a public hearing to consider the request of William D. Alverson for a zone change from AS to B-I (Neighborhood business) on a one acre parcel of land. The property fronts on Rae Road and is I approximately 1,700 feet south of the Rea Road/U.S. Highway No. 191 intersection. The King Arthur Mobile Home Park is directly east of the subject site. The zoning Commission tabled consideration of the W. Alverson request until a recommendation is received from the Planning Board. It was moved by commissioner Vollmer, seconded by Commissioner Swanson, that the hearing be continued until a recommendation is received from the various boards. 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. '264 - __n_ -..- c) This was the time and place set for a public hearing to consider the request of Frank J. Trunk and Son for a zone change from AS to B-2 on a tract of land in the Nl/2, NWl/4, Sec. 16, T2S, R5E, MPM, Gallatin County, Montana. The land fronts on the southside of u.S. Highway 191 beginning approximately 420 feet east of the Rae School Road and extending easterly approximately 900 feet (excluding the Erikson property) and extending southerly approximately 400 feet. I The Zoning Commission tabled consideration of the Frank J. Trunk request until a recommendation is received from the Planning Board. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the hearing be continued until a recommendation is received from the various boards. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commission~ Vollmer, and Mayor Sedivy; those voting No, none. Public Hearing - Conditional Use Permit - Insurance Office - Petitioner D.V. Norris This was the time and place set for a pUblic hearing to consider the request of D. V. Norris of 220~ North Seventh Avenue for a conditional use permit. The conditional use permit would authorize the establishment of an insurance office on Lot 17 and IS, Block H in Story's Addition and located at 1013 West Babcock Street. Mr. Norris was present in regard to the request. He advised the Commission that he Eelt the Planning staff was tying his hands financially in their request that he pave and curb the area prior to occupying the building. He also felt the addition condition ('4 - fencing) recommended by the staff was also a financial I burden. The Zoning Commission, after reviewing the planning staff findings, unanimously recommended approval of the application for a conditional use permit with the following conditions and changes: 1. Item number one show the specified number of six (6) parking spaces. 2. That all existing signing be removed and that new signing be limited to the 4'xS' flush-mounted building sign anticipated by the applicant. 3. That the required paving, to include curbing to protect existing land- scaping state the deadline of September 15, 1977, for paving and curbing to be installed. 4. That a five-foot solid fence be constructed along the east property line from the north property line of the building. Following discussion, the Commission concurred in the recommendation of the Zoning Commission and it was moved by Commissioner Vandeventer, seconded by Commis- sioner . MacNa,b, that the Commission approve the application request of D. V. Norris for a conditional use permit with the above conditions and the following changes: I 1. That the l'x22' sign be placed on the west side of the building, and the 4' xS ' sign which fits flush to the building be permitted. 2. That the fence on the east side of the building be ordered in if the neighbors on the east side of the building so request. 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. 265 Petition from City Employee to waive residency requirement A petition signed by City employees requesting that the residency requirements be waived was presented. Attorney William Madden, representing Police Detective Stan Tenney was present I to explain the request for waiving the residency requirements. He stated that he was presenting the case of Stan Tenney on his own circumstances. He asked that the City Commission reconsider waiving the residency requirements. Many other officers and dispatchers as well as realtors were present in regard to the subject and to discuss the waiving of residency requirements. Following an extensive question and answer period by all concerned persons, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request for waiving the residency requirements be postponed for a period of two weeks for further study and a final decision to be made at that time. The Commission wanted more time to consider this. In the interim Sargeant Stan Tenney will con- tinue in his present position and will live in Belgrade. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab; those voting No being Commissioner Vollmer and Mayor Sedivy. Request to vacate alley from Martel Parking lot east to Grand - Morris A letter received from C. Patrick and Nacny Morris and Harry Larson, requesting I closing the subject alley from Martel's parking lot to Grand Avenue was presented. The alley in question is between North Grand Avenue and North Third Avenue between lots 1-3 (owned by Harry Larson) and lots 18-20 (owned by Mr. & Mrs. Patrick Morris) of Block C, Tracy's Second Addition. Following discussion, it was moved by Commissioner Vollmer, seconded by Com- missioner Swanson, that the request for Closing the alley between North Grand and North Third Avenue be continued for a period of one week for additional study and a recommendation by the City Staff. 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. Reuqest to Vacate Orange Street and Certain Alleys - C.M.St.P.&P. Having continued action on the request from the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for the vacation of Orange Street, and the alleys in Block 53, Northern Pacific Addition to the City of Bozeman, the City Engineer recom- mended that they negotiate a land swap for Avacado Street by vacating Orange Street and a portion of the alleys in Block 53. I The City Manager advised the Commission that the alleys are not in use at this time, and it was the City Manager's opinion that the ground be opened up for further development. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City staff be authorized to negotiate a swap for Avacado Street by vacating Orange Street and a portion of the alleys in Block 93. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, CommissionerVollmer, and Mayor Sedivy; those voting No, none. 266 Request to vacate Beall Street between Tenth and Eleventh Avenue The City Manager advised the Commission that Con McClurg was present to request that Beall Street between 10th and 11th Avenue be"'rVacated. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for vacating Beall Street between North Tenth Avenue and North Eleventh Avenue be continued until a written request from I all of the petitioners has been received befoEe any action is taken. The motion was carried by the following Aye and No vote: those voting Aye being Commissione Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Application for gambling license (renewal) - Montana Gold Dust - T.A. Bates The City Manager presented an application from the Montana Gold Dust, 211 East Main Street, along with the appropriate fee of $500 for ~ gambling license for the purpose of operating two tables. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Chief of Police, also con- curred in by the City Manager, and approve the application for the issuance 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, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. ~otice of Approval of Grant Funds I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City of Bozeman acknowledge the grant offer and authorize former Mayor Vollmer to sign the acceptance of the offer. 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. Approval of Purchase of Water Rights - Helbrook Lichtenberg The City Manager advised the Commission that the City of Bozeman has been negotiating with Del Lichtenberg regarding the acquisition of water rights. Mr. Lichtenberg owns approximately 350 miners inches of Middle Creek Water rights dating back as far as 1866. The negotiations have culminated with Mr. Lichtenberg, for $250 per inch for the 1866 water; $200 per inch for the 1869 water. The approxi~te cost to acquire the rights would be $35,000. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the purchase of the water rights as seated above. The motion I 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. Claims The payroll claims and the general claims for the month of June in the amount of $ 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 267 be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, I Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting NO,none. Reports The following reports were presented: police Court - June Building Department - May and June The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be approved and ordered filed. 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. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, I Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none.. ATTEST: ~~~~ ~. ERNA V. HARD G Clerk of the City Commission I .