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HomeMy WebLinkAbout1978-11-15 001 November l5, 1978 Bozeman. Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building. November 15. 1978, 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 Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the I regular meeting held on Wednesday. November 8, 1978 were approved as submitted. Open Bids - Sale of Austin Western Shovel Machine No. 2908 This was the time and place set for opening bids for the sale and removal of one 1947 Austin Western BAdger Shovel, Machine No. 2908 belonging to the Street Department of the City of Bozeman. The affidavit of publications of the "Call for Bids" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be opened and read, and 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. The following bids were opened and read. Walt Steingruber. Box l82. Willow Creek, Montana $253.00 Virgil E. Ward. Contractor, Box l7l5, Bozeman. Mt. 655.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City accept the bid of Virgil E. Ward in the amount of $655.00. it being the best bid submitted, and 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. Continued hearing Commission Resolution 2005 - Vacate Fridley Street east of Milwaukee Spur track Having continued the hearing on the request of Robert G. Simkins for vacating portions I of Fridley Street and MacAdow Street in the Northern Pacific Addition to the City of Bozeman, it was again presented. Georg Sikonia of Bozeman Transfer and Wayne Snyder of the Gallatin Farmers protested the closure east of the tracks. They both felt the portion from Broadway to the railroad track would serve no one. Mr. Simkins stated that Western General Enterprises needs the portion from Broadway to the railroad track for access to their property. Mr. Van't Hul advised the Commission that the driveway to the Western General Enterprises provides the City access for emergency vehicles into that area. Mr. Van't Hul would object very strenuously to the vacation of that portion. The Mayor declared the hearing closed, md it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the vacation of Fridleymd MacAdow Street in the Northern Pacific Addition and instruct the City Attorney to draw up an Ordinance to be brought before the Commission on Wednesday, November 22. The motion was carried by the follow- ing Aye and No vote. those voting Aye being Commissioner MacNab. Commissioner Vollmer, Commis- sioner Swanson. Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Continued hearing - M. Klabunde - zone map change from AS to B-2-T following formal approval by Planning Board & Zoning Commission to be adopted into minutes of Commission meeting The hearing to consider the request of Maurice Klabunde was continued October 11. 1978. in order that the approved minutes of both the City-County Planning Board and the Zoning Com- I mission meetings be made a part of the official record of the public hearing before the City Commission. The City Manager advised the Commission that the City-County Planning Board and the Zoning Commission minutes have been formally approved and can be adopted into the minutes of this Commission meeting. It was moved by Commissioner Swanson. seconded by Commissioner Vandeventer, that the minutes of the City-County Planning Board and the Zoning Commission be made a part of the Commission minutes. City-County Planning Board minutes - September 14. 1978 Agenda Item #3 - M. Klabunde - Master Plan Conflict - Proposed Agricultural land use change to Commerical land use ,-, 08 UC J. Herman presented the Staff Report: The applicant seeks a zone change from AS )Agricultural Suburban) to B-2-T (Community Highway Business Transitional) for the area now occupied by Stan's Miniature Golf along U.S. Higway 19l, west of Rae Road. Mr. Penwell spoke on behalf of Mr. Klabunde and indicated that his client would suffer severe hardship if the land use change to commercial development is not supported by the Planning Board. He referred to a study submitted to the Planning Board by Mr. Rick Mayfield I reviewing this subject matter. Mr. Klabunde indicated the need for the land use change in- dicating that the property would be used to establish accessory uses associated with the Heritage Mobile Hom sales lot on the adjoining property. Mr. Stanfield, current proprietor of Stan's Miniature Golf. indicated he is severely limited in what he can do with the prop- erty since he is in a non-conforming use status and can retain the present use so long as it is not abandoned for a period greater than 90 days. Mr. Hardin, a local realtor, reviewedthe problem not existing in Bozeman with an alleged shortage of commercial-zoned land. He further indicated the exorbitant costs associated with with trying to purchase these commercial properties. The Planning Director pointed out that the present miniature golf course use was instituted approximately one week prior to the ef- fective date of the City Zoning authority on this property in September. 1973. Mr. Grabow suggested that this is another in a continued series of requests for strip commercial along west U.S. 19l. The Planning Director indicated that the intent of the 1972 Bozeman Area Master Plan has been satisfied for a commercial node with the 1977 commercial rezonings for the Trunk and Klabunde properties. Mrs. Harriet Brendon, a property owner in the area, protested the land use change. Mr. Swanson moved for denial of the proposed land use change as it appears that the recommendation contained in the 1972 Bozeman Area Master Plan for a commercial node has been satisfied. The need for additional commercial land does not appear to be substantiated. M. McMillan seconded the motion On a motion duly made and seconded. the above was denied by a vote of four (4) to three (3) with K. Swanson, J. Shouse. B. Grabow. M. McMillan voting Yes, and J. Craig, L. Davis and G. Sager voting no. RESOLVED, That the Bozeman City-County Planning Board deny the proposed land use change as the need for additional commercial land does not appear I to be substantiated. Bozeman City Zoning Commission minutes - September 26, 1978 Agenda Item #2 - M. Klabunde - Zone map change The applicant seeks a zone change from AS (Agricultural-Suburban) to B-2-T (Community Highway Business-Transitional) for the area now occupied by Stan's Miniature Golf along U.S. Highway #l9l west of Rea Road, containing approximately 13 acres of which approximately 11 acres are undeveloped This item was schedule for the August Zoning Commission meeting but was continued at that time until a recommendation from the Planning Board could be received. Jerry Herman, Assistant Planner, presented the staff report which recommended that the B-2-T proposed zonging be denied. The Planning Board recommendation was also to deny this proposed land use change. Dennis Hardin. a realtor with Rosenthal Realty, spoke in support of the proposed zone change, stating he felt the proposed zone change would be in line with what the Planning Staff and Zoning Board hoped for when the Master Plan was drafted. He stated that the Master Plan indicated that there should be a nodule of commercial development at the intersection of Rea Road and U.S. Highway #l9l and that he felt this proposed zone change would adequately fill this need. He stated that as of now there is only one listing in the Bozeman area for B-2-T property for sale and that the Bozeman area needs the depth of this type of zoning along U.S. 11191. Don Stanfield, property owner of the proposed site, addressed the Commission and spoke in favor of the proposed zone change. He stated he was the owner of Stan's Miniature Golf located on the proposed site and that he would like to see the zoning changed for personal reasons and also for proper development of the land. He stated he felt hampered by the present zoning of agricultural. He stated that with a commercial zoning, he felt this land would have a more I desirable use. Roger Hougen. adjacent landowner to the proposed site. addressed the Commission and stated he had no objection to the proposed zoning. David Penwell, Attorney, representing the applicant addressed the Commission. He inquired of the Commission members whether they had received a copy of Rick Mayfield's report on the proposed zone change. They indicated they had received and reviewed same. Mr. Penwell stated that there is only three alternative uses for the proposed site, that being agricultural, commercial or residential. He stated that from an economical standpoint. the proposed site is not and cannot be realistically used for agriculture. In regard to res- idential use, the proposed site had already a single family residence on it. With the present zoning of AS, only this one dwelling is allowed on the site. He stated that the resale value of the proposed site as agriculture or residential is nil. ',: ('. (~ uv,--, He reiterated the opion that this proposed zoning would meet the needs of the commerical nodule for that area as indicated in the Master Plan. Mr. Penwell further stated that two of the Planning Board members casting deciding votes had stated before voting that their reason for denial was not based upon their opposition to the proposed zoning but rather to their feeling of the inadequacy of the present Master Plan for Bozeman. He stated that the Planning Board had recommended denial of this proposed land use change on a vote of 4 - 3. He stated he felt his client should not suffer the consequences I for the lack of an updated Master Plan. Mr. Klabunde, the applicant, was present at this meeting but stated that he felt his case had been amply presented and did not wish to add anything at this point. A proposed plat of the area in question was presented to the Commission members for review. Chairman Van Noy read aloud a letter signed by Burl and Carolyn Winchester, Robert and Harriet Brenden, Nanci and Phil Brug and Della and David Norton, which was in opposition to the proposed zone change. Mark Hendricks, present in the audience, addressed the Commission and spoke in opposition to the proposed change due to the already heavy traffic on this highway and aesthetic reasons. There being no further testimony or protests, Chariman VanNoy closed the public partici- pation of this application. Judy Mathre brought up the point whether commercial development should be delayed until the traffic problem on U.S. Highway #l9l is resolved or whether to allow development and then hope that something will be done to either widen the highway or to limit access. Paul Bolton and Arthur Van't Hul both stated that they are on the local TAC committee and according to current calculations. it would be at least 4 to 5 years before limited access to the highway could be implemented. Paul Uhlrich stated that he felt in light of past history. it would indicate that when one request is granted for a zone change that other requests are soon forthcoming. Paul Uhlrich moved that the Zoning Commission recommend denial of the request for the zone change to B-2-T. Roger Craft seconded the motion. I On motion duly made and seconded. the zone change request by Maurice Klabunde was unan- imously denied by the Bozeman Zoning Commission. RESOLVED. that the Bozeman Zoning Commission deny the Zone Change request by Maurice Klabunde and that a recommendation of denial be sent to the Bozeman City Commission. Following discussion. the Mayor declared the hearing closed, and it was moved by Commis- sioner Vollmer. seconded by Commissioner Swanson, that a decision be made on Wednesday. Dec- ember 6, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer. and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permits (a) M. Sherman - Wee Care Learning Center - Conversion of existing house Having delayed action on the request of M. Sherman - Wee Care Learning Center for a period of one week. it was agina presented. The applicant seeks a conditional use permit to convert an existing house at 414 North l5th Avenue into a private day-care nursery school. In view of the objections from the neighborhood. and if for no other reason than the hazard created by parents dropping off very young children on North Fifteenth, and coupled with the existence of the irrigation ditch as an additional hazard. the City Manager recommended denial of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion deny the request for a Wee Care Learning Center at 414 North 15th Avenue. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer. Commis- I sioner Swanson. Commissioner Vandeventer. Commissioner MacNab and Mayor Sedivy. those voting No, none. (b) D. Kumlien - conversion of the antique building located between Main Street and College Street into retail art gallery and sporting goods store Having delayed action on the request of D. Kumlien for a period of one week, it was again presented. The applicant seeks a conditional use permit which, if approved, would allow the conversion of the antique building located between West Main and West College Street into a retail art gallery and sporting goods store. The zone is B-2-T, requiring a conditional use permit . nOD ~~ ' The Commission concurred in the recommendation of the City Manager. and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request for the conditional use permit be approved with the following conditions: 1. A final plot plan, using the Planning Staff's design. shall be submitted for approval prior to the occupancy of the building. 2. The 25' front yard setback shall be landscaped. 75% of all landscaped areas I shall be composed of live vegetative material. Prior to the applicant taking occupancy of the building, the applicant shall submit for Planning Staff ap- proval, a detailed landscaping plan showing location. size and type of plants to be used in the required landscaping area. All landscaping shall be protected to prevent vehicular traffic across the landscaped areas. 3. A drainage plan and proper sediment and erosion control measures shall be sub- mitted and reviewed for approval by the City Engineer. 4. Signing shall be limited to one free-standing sign as proposed and located by the applicant. 5. All landscaping, paving. and drainage work shall be completed within one year after the applicant takes occupancy of the building. 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. (c) Bruce H. Peterson - allow screen processing with stove manufacturing Having delayed action on the request of Bruce H. Peterson for a period of one week it was presented for a decision. The applicant seeks a conditional use permit to allow a screen pro- cessing operation whereby emblems would be printed on jackets, T-shirts. and athletic jersys in conjunction with Mr. Filson's steel stove manufacturing operation in the Eddy's Bakery Building. The site is zoned M-l-T which requires a conditional use permit. The City Manager recommended approval thereof and it was moved by Commissioner Vandeventer, I seconded by Commissioner MacNab, that the request for the conditional use permit be approved subject to the following conditions: 1. That one flush-mounted internally illuminated, or non-illuminated, building sign, not to exceed lO sq. ft., be permitted. The sign shall not exceed the height of the building. 2. No outside storage shall take place on the site. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer. Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy. those voting No, none. (d) County of Gallatin - allow use of Rosary Building for County Courthouse operation Having delayed action on the request of the County of Gallatin for a period of one week, it was presented for a decision. The applicant seeks a conditional use permit which. if approved, would allow the use of the former Holy Rosary High School Building for County Court- house operations, principally those pertaining to law and justice functions. Additionally, the total site will also contain the Montana Law Enforcement Training Academy. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for the conditional use permit subject to the following conditions: l. That the County continue consideration with the option for development of a I connecting access from the site north to Koch Street and that a similar access be developed from South 19th Avenue to the property at the West Dickerson Street location. The West Dickerson access shall not be offset by more than 150 feet. 2. That all signing be limited to flush-mounted non-illuminated building signs and/ or low profile (not to exceed three feet in height) directory signs. 3. That a landscaping plan be developed for the parking areas and submitted to the Planning Office for approval prior to building occupancy. 75% of the required landscaping area shall contain a live vegetative ground cover, to include trees, shrubs and grass. Landscaping shall be sufficient to effectively screen parking areas from adjacent residential uses. 4. That all improvements and conditions as outline above be installed within twelve months and coincidental with the passed occupancy of the building. .1": c. U0L The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab. Commissioner Vollmer, Commissioner Swanson. Commissioner Vandeventer and Mayor Sedivy. those voting No. none. Discussion - re Burton Kennel License Application A discussion was held in regard to the kennel license application by Mr. Burton of North I Rouse Avenue. The Animal Control Officer was present and advised the Commission that of this date Mr. Burton had not disposed of the wild dogs on his premise which he was feeding. Mr. Vandeventer said this subject was before the Commission many times and the people in that area are frightened so felt that something should be done and asked that this be pursued by the City Staff. It was moved by Commissioner Vollmer. seconded by Commissioner Swanson, that the license be denied. 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. Ordinance No. 1016 - Zone Code amendment - City/County Planning Staff - (public notice require- ments Ordinance No. 1016 amending section 18.96.030 of title l8 and entitled the City of Bozeman Zoning Code as prepared by the City Attorney was presented. The ordinance deals with a zone code amendment sought by the City Staff. involving public notice requirements subsequent to and pursuant to annexation. Following discussion of the proposed ordinance, it was moved by Commissioner Swanson. seconded by Commissioner Vandeventer that the decision on Ordinance No. l016 be delayed for a period of one week in order that the wording may be changed. 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 Commission Resolution No. 2035 - Create SID 602 - Storm drainage - Figgins 4th Commission Resolution No. 2035 creating Special Improvement District No. 602, for the construction of storm drains in the Figgins 4th Addition as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 2035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 602 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON WESTRIDGE DRIVE AND LANDOE AVENUE. FIGGINS ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Vandeventer. seconded by Commissioner MacNab, that Commission Resolution No. 2035 creating Special Improvement District No. 602 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Van- deventer, Commissioner MacNab, Commissioner Vollmer. Commissioner Swanson and Mayor Sedivy, those voting No, none. Commission Resolution No. 2036 - Creating SID 608 - Paving Construction - Figgins 4th Commission Resolution No. 2036 creating Special Improvement District No. 608, for the construction of paving in the Figgins 4th Addition as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 2036 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMpROVMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 608 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO ON WESTRIDGE DRIVE AND LANDOE AVENUE, FIGGINS ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner MacNab. seconded by Commissioner Vollmer, that Commission Resolution No. 2036 creating Special Improvement District No; 608 be passed and adopted. 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,~R~. 092 Commission Resolution No. 2000 - fixing date. maturity date & principal amount SID 587 bonds Commission Resolution No. 2000 fixing date, maturity date and amount of bonds issued in Special Improvement District No. 587 as prepared by the Clerk of the City Commission was pre- sented. COMMISSION RESOLUTION NO. 2000 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE. I MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 587. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2000 be passed and adopted. 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 No. 2033 - fixing date, maturity date & principal amount SID 587 bonds Commission resolution No. 2033 fixing date, maturity date and principal amount of bonds issued in Special Improvement District No. 589 as prepared by the Clerk of the City Commission was presented. COMMISSION RESOLUTION NO. 2033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IM- PROVEMENT DISTRICT NO. 589. ~ It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2033 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution No. 2034 - fixing date, maturity date & principal amount SID 591 bonds I Commission Resolution No. 2034 fixing date. maturity date and principal amount of bonds issued in Special Improvement District No. 59l as prepared by the Clerk of the City Commis- sion was presented. COMMISSION RESOLUTION NO. 2034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND TEH PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 59l. It was moved by Commissioner Vandeventer. seconded by Commissioner MacNab. that Commission Resolution No. 2034 be passed and adopted. 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 No. 1999 - Assess solid waste collection & disposal Hearing November 22 Commission Resolution No. 1999. levying the solid waste collection and disposal assess- ment in the amount of $209,lll.84 was presented. COMMISSION RESOLUTION NO. 1999 A RESOLUTION OF THE COMl1ISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR 1978, TO DEFRAY THE COST I AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that Commission Resolution No. 1999 be provisionally passed and adopted, and Wednesday, November 22, 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. Certify election returns - General Obligation Bonds in the amount of $1,460,000 - New Municipal Library Under the provisions of Section 11-718. Section ll-23l2 and Section ll-2312 and Section j . l 0'-' ., u ',: 11-3207, R.C.M. . 1947. the County Commission assisted by the Clerk of the City Commission having canvassed the election returns showed that 5,l4l electors voted for the issuing and selling its general obligation bonds in an amount not to exceed $l,460,000 to be payable during a period of twenty years from the date of their issuance, the proceeds of such bonds to be used to acquire a site for and to construct. equip and furnish a new municipal library I in Bozeman. 2.098 electors voted against the issuing and selling its general obligation bonds. It was moved by Commissioner Vollmer. seconded by Commissioner Swanson, that the prop- osition for the general obligation bonds in an amount not to exceed $1,460,000 be approved and certified as canvassed by the County Commissioners, assisted byfue Clerk of the City Commission. 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. Appointments - Zoning Commission - Ross Bruner to June 30. 1979 Pedestrian Traffic Safety - George McClure to March 1, 1979 Mayor Sedivy announced his appointments to the following City boards: Zoning Commission - Ross Bruner to replace to June 30, 1979 Jim DeBree Pedestrian Traffic Safety - George McClure to March 1, 1979 to replace Greg Morgan It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer. that the Com- mission endorse the appointments made by the Mayor. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer. Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Resignation of Garvan Wiman effective December 5. 1978 A letter received from Garvan Wiman. whereby he tendered his resignation as a member of the Board of Adjustment to be effective December 5. 1978. was presented. I The Mayor. on behalf of the Commission, stated that it was with regret that they accept Mr. Wiman's resignation and express their appreciation and commendation for his long years of outstanding service to the City. Raffle License Application - Gallatin Association for Retarded Children 12/15/78 The City Manager presented an application from Gallatin Association for Retarded Children, along with the required fee for the purpose of holding a raffle on December 15. 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab. that the Com- mission concur in the recommendation of the City Manager and approve the application for a raffle 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 Hayor Sedivy, those voting No. none. Claims for October 1978 The payroll claims and the general claims for the month of October 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 be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the claims be approved. 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. I MSU ROTC - Request permission to conduct "Walk-a-thon- May 9, 1979 The Montana State University ROTC requested permission to conduct a fund drive on Satur- day. May 9, 1979. It was moved by Commissioner MacNab. seconded by Commissioner Vollmer, that the Commis- sion grant permission to the Montana State University ROTC to conduct the fund drive May 9, 1979. The motion was carried by the following Aye and No vote. those voting Aye being Com- missioner MacNab. Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Mayor Sedivy - permission to attend Montana League of Cities and Towns Meeting u 0 I~ ( 0 "'r It was moved by Commissioner Vollmer, seconded by Commissioner Swanson. that Mayor Sedivy be granted permission to attend the Montana League of Cities and Towns Directors Meeting to be held in Helena on Friday, November 17 and, it being in the public interest, his expenses be paid from the appropriate fund. 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 Leave of Absence - Commissioner Vollmer and Commissioner Swanson - November 22. 1978 Upon recommendation of the City Manager. it was moved by Commissioner MacNab, seconded by Commissioner Vandeventer, that the absence of Commissioner Vollmer and Commissioner Swanson on November 22 authorized in compliance with Section ll-3245, R.C.M., 1947, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab. Com- missioner Vollmer. Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Mountain Valley District Boy Scouts of America - Claxton Fruit Cake Sale A letter received from the Mountain Valley District Boy Scouts of America, requesting permission to sell Claxton Fruit Cakes as a money raising function for their youth work was presented. It was moved by Commissioner Vandeventer. seconded by Commissioner MacNab, that permis- sion to conduct the fund drive be granted. 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. Authorize purchase of Middle Creek Water Rights - Del Lichtenberg On July 13, 1977 , the City Manager advised the Commission, that the City of Bozeman had been negotiating with Del Lichtenberg regarding the acquisition of water rights. Mr. Lichtenberg submitted an invoice on this date for payment of l50 inches. miners I measurement of the waters of Middle Creel decreed by the District Court of the Ninth (now eighteenth) Judicial District of the State of Montana, in and for the County of Gallatin. by decree dated March 11, 1897 in the case of Middle Creek Ditch Company vs. John J. Henry, et aI, appropriated as follows: lOO inches appropriated in July, 1866, decreed to Henry Monforton and 50 inches appro- priated in October 1869, decreed to White Caldwell. together with the right to convey said waters through the water ditches heretofore used and enjoyed for the conveyance thereof in the amount of $35,000.00. Following discussion. the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Purchase the water rights in the amount of $35.000.00. The motion was carried by the follow- ing Aye and No vote. those voting Aye being Commissioner Vandeventer. Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Reports The City Manager commendted on the report of the Police Court and recommended it be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No. none. I Adjournment There being no further business to come before the Commission, it was moved by Commis- sioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the foYlowing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner voting No, none. -4c-- ATTEST: COMMISSION