HomeMy WebLinkAboutResolution 2727 Amending resolution of intent to annex Aaker:
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COMMISSION RESOLUTION NO. 272}
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING COMMISSION RESOLUTION NO.
2533 WHEREIN THE CITY COMMISSION DECLARED ITS INTENT TO
ANNEX A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
WHEREAS, on the 14th day of November, 1984, the City of
Bozeman declared its intent to annex and to extend the boundaries
of the City of Bozeman so as to include a certain contiguous
tract of land within the boundaries of said City of Bozeman: and
WHEREAS, the legal description contained in Commission
Resolution No. 2533 has been amended: and
WHEREAS, the proper legal description of the contiguous
tract of land, as amended for annexation, which is located along
the west side of South 19th Avenue just south of the Montana
State University's Disease Control Center, the County of
Gallatin, State of Montana, is more particularly described as
follows:
A Tract of land located in the Southeast Quarter,
Section 14, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being
more particularly described as follows:
Beginning at the east quarter corner of said Section
14: thence west along the east/west quarter line, a
distance of 142.69 feet to the true point of beginning:
thence through a curve to the right having a central
angle of 90000'00", a radius of 300.00 feet, and an arc
length of 471. 24 feet: thence west, a distance of
142.81 feet: thence north 00009'16" east, a distance of
300.00 feet to a point on the east/west quarter line:
thence east along the east/west quarter line a distance
of 442.00 feet to the true point of beginning, a
containing 2.604 acres as described by Certificate of
Survey Number 1245-A on file and of record in the
office of the Gallatin County Clerk and Recorder..
Tract 2: A tract of land located in the Southeast
Quarter, Section 14, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana,
and being more particularly described as follows:
Beginning at the east quarter corner of said Section
14: thence west along the east/west quarter line, a
distance of 59.69 feet to the true point of beginning,
and being on the westerly right-of-way of South 19th
Avenue: thence south 00038'57" west along said
right-of-way, a distance of 139.67 feet: thence south
00051'57" west along said right-of-way, a distance of
497.25 feet: thence west, a distance of 520.51 feet:
thence north 00009'16" east, a distance of 336.89 feet:
thence east, 142.81 feet: thence through a curve to the
left, having a central angle of 90000'00", a radius of
300.00 feet, in an arc length of 471.24 feet to a point
on the east/west quarter line: thence east along the
east/west quarter line, a distance of 83.00 feet to the
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true point of beginning, and containing 5.038 acres
according to Certificate of Survey Number 1328 on file
and of record in the office of the Gallatin County
Clerk and Recorder.
WHEREAS, the above-described tracts are the subject of filed
Certificate of Surveys: and
WHEREAS, an Annexation Agreement has been entered into by
all parties involved: and
WHEREAS, the provision of services, including, but not
limited to, rights-of-way, easements, water rights or cash in
lieu, waivers of protest against creation of Special Improvement
Districts, and water and sewer hookup fees, to said contiguous
tracts are the subject of the mutual agreement between the City
and the freeholders of the tract: and
WHEREAS, it will be in the best interests of the City of
Bozeman and the inhabitants thereof and of the inhabitants of the
contiguous tracts hereinbefore described to extend the boundaries
of the City of Bozeman so as to include said contiguous tract
within the corporate limits of the City of Bozeman.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That it is hereby declared, subject to the condition that
the provision of services to the contiguous tracts hereinbefore
described will be the subject of a mutual agreement between the
City of Bozeman the freeholders of the tract, that is is in the
best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of said contiguous tracts that the
boundaries of the said City of Bozeman be extended so as to
include the contiguous tract hereinbefore described within the
boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the City of Bozeman, Montana, to
be held in the Commission Chambers in the Municipal Building of
said City at 411 East Main Street, Bozeman, Montana, on the 7th
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day of November , 1988, at the hour of 7 o'clock p.m.
and the same is hereby designated as the time and place at which
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comments in favor of or opposition to the annexation of the
property will be heard by the City Commission.
Section 3
Pursuant to 57-2-4312, M.C.A., the Clerk of the City
Commission shall:
a. Immediately notify in writing, addressed to the address to
which tax notices are sent, all owners and purchasers under
contracts for deed of the property in said contiguous
tracts: and
b. Cause a Notice to be published in the Bozeman Daily
Chronicle, the newspaper nearest the parcel of land to be
embraced within the corporate limits and boundaries of the
City of Bozeman, at least once a week for two successive
weeks.
Section 4
The notice to be given by the Clerk of the City Commission
shall be to the effect that such resolution has been duly and
legally passed, that comments will be received at the time and
place designated in Section 2, above, and that for a period of
,
twenty (20 ) days after the first publication of such notice, such
City Clerk will review expressions, in writing, of approval or I
disapproval of the proposed extension of the boundaries of the
City of Bozeman from freeholders of the territory proposed to be
embraced therein.
PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular and stated session of said City
Commission, held on the 3rd day of October , 1988.
ROB;/{~ Pro
Tempore
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
Bruce E. Becker, City Attorney
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NOT ICE
NOTICE IS HEREBY GIVEN that a regular session of the
Commission of the City of Bozeman held on the 3rd day of October,
1988, Commission Resolution No. 2727 was duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING COMMISSION RESOLUTION NO.
2533 WHEREIN THE CITY COMMISSION DECLARED ITS INTENT TO
ANNEX A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation is located along
the west side of South 19th Avenue just south of the Montana
State University's Disease Control Center, the County of
Gallatin, State of Montana, is more particularly described as
follows:
A Tract of land located in the Southeast Quarter,
Section 14, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being
more particularly described as follows:
Beginning at the east quarter corner of said Section
14: thence west along the east/west quarter line, a
distance of 142.69 feet to the true point of beginning:
thence through a curve to the right having a central
angle of 90000'00", a radius of 300.00 feet, and an arc
length of 471. 24 feet; thence west, a distance of
142.81 feet: thence north 00009'16" east, a distance of
300.00 feet to a point on the east/west quarter line:
thence east along the east/west quarter line a distance
of 442.00 feet to the true point of beginning, a
containing 2.604 acres as described by Certificate of
Survey Number 1245-A on file and of record in the
office of the Gallatin County Clerk and Recorder.
Tract 2: A tract of land located in the Southeast
Quarter, Section 14, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana,
and being more particularly described as follows:
Beginning at the east quarter corner of said Section
14: thence west along the east/west quarter line, a
distance of 59.69 feet to the true point of beginning,
and being on the westerly right-of-way of South 19th
Avenue: thence south 00038'57" west along said
right-of-way, a distance of 139.67 feet: thence south
00051'57" west along said right-of-way, a distance of
497.25 feet; thence west, a distance of 520.51 feet:
thence north 00009'16" east, a distance of 336.89 feet:
thence east, 142.81 feet: thence through a curve to the
left, having a central angle of 90000'00", a radius of
300.00 feet, in an arc length of 471.24 feet to a point
on the east/west quarter line: thence east along the
east/west quarter line, a distance of 83.00 feet to the
true point of beginning, and containing 5.038 acres
according to Certificate of Survey Number 1328 on file
and of record in the office of the Gallatin County
Clerk and Recorder.
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Fora period of twenty (20) days following the first
publication of this Notice, the Clerk of the Commission will
receive expressions, in writing, of approval or disapproval of
the proposed extension of the boundaries of the City of Bozeman
from the freeholders of the tract proposed to be annexed.
In addition, a public hearing shall be held on Monday,
November 7, 1988, at 7:00 olclock p.m. in the Commission Room of
the City Hall at 411 East Main Street, Bozeman, Montana, for the
purpose of hearing testimony in support of and in opposition to
the annexation of the above-described real property.
DATED this 3rd day of October, 1988.
ROBIN L. SULLIVAN
Clerk of the Commission
publish: Wednesday, October 12, 1988
Wednesday, October 19, 1988
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November 1, 1988
City Commission
City of Bozeman
POBox 640
Bozeman, MT 59771-0640
Re: Aaker Annexation
Dear Commission:
Evangelical Free Church, the successors in interest to the
property known as the Aaker Annexation, requests the City
Commission to table indefinitely the proposed request for
annexation and cancel the proposed public hearing for the
reason that the Evangelical Free Church is taking steps to
modify the legal description of its property, which property
is the subject of the pending request for annexation.
(i;~, err efforts in this matter.
David Lockie
Chairman, Land and Building Committee
Evangelical Free Church of Bozeman
BEB/DL/mcl
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Mayor Stiff asked if the beautification program will dovetail with the Master Plan
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I updated.
Planner Brey stated that beautification of the community, particularly the entry-
ways, will coordinate well with the Master Plan.
The Commissioners then reviewed those questions listed in Planning Director Epple's
memo, noting that they had been addressed above. They concurred that the beautification
project should be for all properties within the city limits, possibly encouraging those areas
near the city to participate as well.
The Commission then directed the Clerk of the Commission to advertise for applica-
tions for the steering committee. They set a November 22 deadline for acceptance of ap- 1'::
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pllcations, with appointments to be made on November 28. !
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Recess - 5:05 p.m.
Mayor Stiff recessed the meeting at 5: 05 p. m., to reconvene at 7: 00 p. m. for the
purpose of conducting the scheduled publiC hearings and completing the routine business
i terns.
Reconvene - 7:00 p.m.
Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the
scheduled publiC hearings and completing the routine business items.
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This was the time and place set for the public hearing on Commission Resolution
No. 2727, as prepared by the City Attorney, entitled: .
COMMISSION RESOLUTION NO. 2727
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING COMMISSION RESOLUTION NO. 2533 WHEREIN THE
CITY COMMISSION DECLARED ITS INTENT TO ANNEX A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CON-
TIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
City Manager Wysocki presented to the Commission a letter from David Lockie,
Chairman of the Land and Building Committee of the Evangelical Free Church of Bozeman,
indicating that the legal description of the property must be modified. The applicant fur-
ther requests that the public hearing on this Item be tabled indefinitely until the neces-
sary modifications have been made. The City Manager then recommended that the Commis-
sion postpone the public hearing per the applicant's request, noting that an advertisement
will be published for the new public hearing date.
It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that
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... the public hearing on Commission Resolution No. 2727 be tabled, per the applicant's re-
quest. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull
and Mayor Stiff; those voting No, none.
- amend land use desl
tract nown as ract
This was the time and place set for the public hearing on the Master Plan Amend-
ment requested by Hubert M. Reid to change the land use designation from Medium-density
Residential to Multiple Use on Tract A of Certificate of Survey No. 1329, located in the
northwest one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal
Meridian. The subject site is more commonly located at 310 Ice Pond Road.
City Manager Wysocki submitted to the Commission a letter from the applicant, Hugh
Reid, and his consulting engineer, Gerald M. Gaston, withdrawing this application for Mas-
ter Plan Amendment. He then recommended that the Commission acknowledge receipt of the
letter.
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that
the Commission acknowledge receipt of the letter of withdrawal of this application for a
Master Plan Amendment. as submitted by Mr. Hugh Reid and his consulting engineer, Mr.
Gerald M. Gaston. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis-
sioner Martel and Mayor Stiff; those voting No, none.
Public hearln
rant
(525
This was the time and place set for the public hearing on the Conditional Use Per-
mit requested by the Great China Wall Restaurant to allow beer and wine service within the
restaurant located on Lot 3 of the West Main Business Plaza. The subject site is more
commonly located at 525 South Professional Drive.
Mayor Stiff opened the public hearing.
Planner Tom Sheely presented the staff report. He stated that under this Condi-
tional Use Permit application, beer and wine service would be allowed as an accessory use
to the existing restaurant, which is located in a 8-2- T, Community Highway Business with
a Transitional Overlay, District. He stated that review of the application revealed that
two of the conditions imposed on the original Conditional Use Permit for the restaurant,
approved in 1983, have not yet been met. He noted that the landscaping has not yet been
completed; and the enclosure for the garbage dumpster was constructed but is not being
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