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Home My WebLink About1978-07-19 ~, I '... ': '.., UU\,,; July 19, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 19, 1978, at 1:l5 o'clock p.m. Present were Mayor Sedivy, Commission Vollmer, Commis- sioner MacNab, Commission Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayeI: whereupon the minutes of the regular I meeting held on Wednesday, July 12, 1978, were approved as submitted. The minutes of the Special meeting held on Monday, July 17, 1978, were approved as submitted. Decision - Conditional Use Permit - O.W. McPherson - to construct two additional one-bedroom apart- ments in the second floor of F.W. Woolworth's The request of O.W. McPherson to construct two additional one-bedroom apartments in the second floor of the F.W. Woolworth's building located at 26 East Main Street having been deferred for a period of one week was brought before the Commission. The City Manager recommended that the decision be delayed until the legal aspect is researched and fire regulations are investigated. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request for a Conditional Use Permit be delayed as recommended. The motion was carried by the following Aye and No vote, those voting Aye being Commission MacNab, Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer and Mayor Sedivy, those voting No, none. Decision - Zone Map Change - A. Heetderks - from R-4 to B-3 to be used as a parking lot for Gallatin Valley Medical-Dental Center The decision on the request of A. Heetderks for a zone map change from R-4 to B-3 on a lot to be used as a parking lot for Gallatin Valley Medical-Dental Center having been delayed for a period of one week was again brought before the Commission. The City Engineer advised the Commission that a 20 or 22 foot curb cut could be made on Tracy Avenue. He said the lot is used for parking and felt there would be very little change in its use. I He recommended that the alley running from Olive to Curtiss and on South be maintained as an open alley for the use of service vehicles. Following a thorough discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the request for a zone map change from R-4 to B-3 be denied. Those voting Aye being Commissioner Vollmer and Commissioner Vandeventer; those voting No being Commissioner Swanson, Commissioner MacNab and Mayor Sedivy. The request to deny the zone map change failed. The City Attorney requested the City Engineer to check the protests received to see what per- entage resided within the legal protest limit of the zone change. The City Engineer advised the Commission that only three of the 26 protesters resided within the limit. Following further discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request for a zone map change from R-4 to B-3 be approved with the following condition. l. One speed bump be installed in the alley at Curtiss, one be installed where the parking lot enters Tracy, and one be installed at the back of the parking lot in the alley by the parsonage. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, Commis- sioner Vollmer voted No. Approval of specifications for seal coating program for 1978 Plans and specifications for the construction of Seal Coat Street improvements as prepared by Thomas, Dean and Hoskins, Inc. , Consulting Engineers, was placed before the Commission. I It was moved by Commissioner Swanson, seconded by Commissioner MacNab, that the plans and specifications, as presented, be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Seal Coat Street improvements with an opening date of August 9. 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. Request to vacate Fridley Street, east of Milwaukee spur tract, and McAdow Street, from Fridley Street to Front Street - Westland Enterprises A letter received from Westland Enterprises, Inc., requesting the City to vacate Fridley DOL" Street east of the Milwaukee spur track and McAdow Street from Fridley Street to Front Street was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission acknowledge receipt of the request and refer the request to the staff for study and a recommendation on Wednesday, July 26. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, I and Mayor Sedivy, those voting No, none. Application for Gambling License - Ralph Ferraro - Rocking R Bar (2 tables) The City Manager presented an application from Ralph Ferraro of the Rocking R Bar, along with the required fee, for a gambling license. Upon recommendation of the Police Department, also concurred in by the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the gambling license for the Rocking R Bar, and the motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Ordinance No. 1008 - Amend Code to allow professional and business uses as a conditional use in the B-1 Zone Tabled for a week Concession Stand for District 2 Tournament - July 20-22 - Babe Ruth League A letter received from the Bozeman Babe Ruth League requesting permission to operate a conces- sion stand for the District 2 Tournament to be held on July 20-22, was presented. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request to operate a concession stand on July 20-22 be approved. 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 Permission to serve beer - National Guard Annual Picnic - Lindley Park, Sunday, September 17, 1978 A letter received from the National Guard unit requesting permission to serve beer at their annual picnic to be held at Lindley Park on Sunday, September l7, 1978, was presented. Ordinance No. lOOl contains a clause which authorizes the consumption of such beverage if licensed by the City of Bozeman. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vande- venter, that the National Guard unit apply for a beer license to enable dispensing beer at their picnic. The motion was carried by the following Aye and No vote, those voting Aye being Commission- er Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Contract Documents - for repairs to Mystic Lake Dam The contract documents for construction of repairs to Mystic Lake Dam was presented. The improvements on which bids are requested will require the following construction. Schedule I 1. Realignment of l2' C. I. outlet pipe 2. Installation of a liner in a 12' and a 16" cast iron pipe under Mystic Lake Dam, or 3. Jack and bore a new 36" line to replace existing 12 and l6 inch discharge pipes under Mystic Lake Dam along with inflow and outflow structures. Schedule II Grout the upstream face of the dam to fill voids in the I structure. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commis- sion approve the contract documents and the Mayor and Clerk of the Commission be authnrized and directed to sign for the City. 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. ., ! U u~: Commission Resolution No. 1988 - Intent to create SID 600 - Figgins Phase IV - Watermains Hearing August 16, 1978 Commission Resolution No. 1988, declaring the intention to create Special Improvement District No. 600, for the construction and installation of watermains in Figgins Phase IV, as prepared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 1988 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 600 FOR THE PURPOSE OF CONSTRUCT- ION AND INSTALLATION OF A WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TEN (10) INCH WATER MAIN AND APPURTENANCES TO WESTRIDGE DRIVE AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON LANDOE AVENUE AND ACROSS EASEMENTS BETWEEN SAME IN FIGGINS ADDITION ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO INCLUDE ALL TRENCH EX- CAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, VALVES, FITTINGS HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1988 be passed and adopted, and August 16, 1978 be the date set for public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commission Resolution No. 1989 - Intent to create SID 60l - Figgins Phase IV - Sanitary Sewer Hearing August 16, 1978 Commission Resolution No. 1989, declaring the intention to create Special Improvement District No. 601, for the construction and installation of sanitary sewer mains in Figgins Phase IV, as pre- pared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 1989 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 601 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON WESTRIDGE DRIVE BETWEEN GRAF AND ARNOLD STREETS AND A TEN (lO) INCH SANITARY SEWER ON ARNOLD AND THE REMAINDER OF WESTRIDGE DRIVE IN FIGGINS ADDITION, ALL IN THE CITY OF BOZEK~N, MONT- ANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINCE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that Commission Resolu- tion No. 1989 be passed and adopted, and August 16, 1978 be the date set for public hearing. 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. Commission Resolution 1990 - Intent to create SID 603 - Graf's First - Watermains Hearing August 16, 1978 Commission Resolution No. 1990, declaring the intention to create Special Improvement District No. 603, for the construction and installation of watermains in Graf's First, as prepared by the I City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1990 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 603 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN AND APPURTENANCES TO SERVE (6) INCH WATER MAIN AND APPURTENANCES ON KENYON DRIVE, O'CONNELL DIRVE, BAXTER DRIVE BERTHOT DRIVE, AND CHAMBERS DRIVE AND A TWENTY (20) INCH WATER MAIN AND APPURTENANCES ON O'CONNELL DRIVE, AND ACROSS EASEMENTS BE- TWEEN SAME IN GRAF'S lST ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. OOG It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer that Commission Resolution No. 1990 be passed and adopted, and August 16, 1978 be the date set for public hearing. 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. Commission Resolution 1991- Intent to create SID 604 - Graf's First - Sanitary Sewer I Hearing August l6, 1978 Commission Resolution No. 1991, declaring the intention to create Special Improvement District 604, for the construction and installation of sanitary sewer mains in Graf's First, as prepared by City Attorney was presented, entitled: COMMISSION RESOLUTION 1991 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 604 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON BERTHOT, CHAMBERS, BAXTER, O'CONNELL AND KENYON DRIVES IN GRAF'S FIRST SUBDIVISION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY AP- PURTENANCES THERETO. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab that Commission Res- olution No. 1991 be passed and adopted, and August l6, 1978, be the date set for public hearing. 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. , Commission Resolution 1992 - Intent to create SID 606 - Villard, Willson to Grand-paving I Hearing August 16, 1978 Commission Resolution No. 1992, declaring the intention to create Special Improvement Dis- trict 606, for the construction and installation of an asphaltic concrete type pavement, Vil1ared, Willson to Grand, as prepared by City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 606 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVE- MENT, INTEGRAL CONCRETE CURB AND GUTTER AND SIDEWALKS, AND NECESSARY APPURTEN- ANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON WEST VILLARD STREET BETWEEN WILLSON AVENUE AND GRAND AVENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Res- olution No. 1992 be passed and adopted, and August l6, 1978, be the date set for public hearing. 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. Authorization for Mayor to sign affidavit re - a portion of Lindley Park An affidavit of ownership for a portion of land used as Lindley Park but belonging to the Standard Station was presented. The City Manager stated there was no suggestion that the land be given up for private use, I only that the City recognize it did not own that specific property. The Commission concurred in the recommendation of the City Manager, and it was moved by Com- missioner Vollmer, seconded by Commissioner Swanson, that the Commission authorize the Mayor to sign the affidavit recording and acknowledging the City's use of this small segment of private property. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. . /" UUI Proclamation - Sweet Pea '78 Festival Week - first week of August 1978 Mayor Sedivy proclaimed the first week of August 1978, as "Sweet Pea '78 Festival Week" in the City of Bozeman and urged everyone to get involved, participate and support all activities during this week. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission I endorse the Mayor's proclamation. 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. Tribute to Police Chief Wm. Nelson The City Manager expressed his regrets to Police Chief William Nelson on his leaving the Bozeman Police Department and extended his best wishes for the future. Mayor Sedivy, on behalf of the City Commission, paid tribute to Police Chief Nelson for his outstanding services and stated he was very happy that Police Chief Nelson would continue working with public safety. He felt that Mr. Nelson had done an outstanding job in serving this community in law, and wished him every success in the future. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner MacNab, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. '7 d - "/" ," EDMUND P. S I ATTEST: cf~ // ERNA .v .HARllING, I