HomeMy WebLinkAbout1977-02-02
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Bozeman, Montana
February 2, 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 2 February 1977, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Gesko, Assistant
City Manager Wolf, City Attorney Berg and the Clerk.
Commissioner Sedivy opened the meeting with a prayer whereupon the minutes of the regular
meeting held on Wednesday, 26 January 1977, were approved as read. I
Public Hearing - Martel Construction, Inc., for Vacation of Alley (Tracy's 2nd Addn. Block C,
Lots 4 thru 10 and 11 thru 17
This was a continued hearing held over from the regular meeting of February 2, 1977, to allow
additional information to be available to the Commission. The City Manager reported that the
Commission had previously directed the Attorney to prepare a resolution of intent to vacate (meeting
of October 1, 1975). This resolution was acted upon at the meeting of December 22, 1976. Both
Martel buildings are currently served by one utility meter, having been authorized by the Commission's
resolved intent.
The hearing was closed and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy,
that Ordinance No. 981 for the purpose of vacating an alley twenty (20) feet wide located in Tracy's
Second Addition to the City of Bozeman, Block C, between Lots 4 thru 10 inclusive on the south and
Lots 11 thru 17 inclusive on the north to be vacated reserving to the City an easement for utilities
and provided that said alley shall not be obstructed as prepared by the City Attorney be passed and
adopted, and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor
Vollmer; those voting No, none.
Public Hearing - Conditional Use Permit - Dr. Kent Wilson - Conversion of Single Family Residence to
Dental Office in R-4 Zone
This was the time and place set for a public hearing to consider the request of Kent E. Wilson
for a Conditional Use Permit to use as a dental office on the residence on Lots 11 and 12, Block 5
in the Springbrook Addition. This property is located at 101 North 10th Avenue in the City of Bozeman.
The Conditional Use Permit would allow the conversion of an existing single family residence to I
a medical office to house orthodontic practices of the applicant. The site is zoned R-4, which
permits medical offices as a conditional use.
Mr. Wilson was present in regard to the area in question and stated he had permission from
Safeways for use of three of their parking stalls.
The City Staff found that the only way to legally accommodate the required off-street parking
spaces was to remove the existing garage.
The Zoning Commission, after consideration of the Planning Staff's report, recommended approval
of the conditional use permit with the following conditions attached:
1. That the existing garage be removed and off-street parking be developed as per
the staff example no. 2.
2. That a minimum four (4') foot high solid or semi-solid fence be installed to
screen parking along the north side of the parking area to screen parking from
adjacent residential property.
3. That the sign anticipated by the applicant be limited on one non-illuminated
building sign, eight (8) square feet or less in size.
4. That wheel stops or curbing be installed to protect sidewalks and landscaping
from parking areas.
5. That all necessary site improvements be installed before the use is initiated,
allowing for time extensions due to adverse weather.
Upon the City Manager's recommendation, it was moved by Commissioner Sedivy, seconded by
Commissioner Taylor, that the Commission concur with the Zoning Commission's recommendation and I
approve the conditional use permit application with the condition that the garage be removed not
later than September 30, 1978. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner
Lehrkind, and Mayor Vollmer; those voting No, none.
Request for vacation of a portion of Davis Street Broadway east to Mill Creek - Laura & John Apperson
A letter received from Mr. & Mrs. John Apperson requesting vacating Davis Street from Broadway
East to Mill Creek was presented.
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Following a thorough discussion, and upon the recommendation of the City Manager, it was moved by
Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission approve the request for
vacating Davis Street from Broadway east to Mill Creek and that the City Attorney be instructed to draw
up the resolution of intent to vacate the above with the condition that the City be granted emergency
access to the creek if needed. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy,
I and Mayor Vollmer; those voting No, none.
Authorization to Call for Bids - Three Police Cars - Open Bids Wednesday, February 23
The City Manager recommended that specifications be approved for three police cars and the Clerk
of the Commission be authorized and directed to publish a "Call for Bids". The purchase of the three
police cars are a 1976-77 budget item.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the specifications
be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids"
to be received on Wednesday, February 23, 1977 , and the motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy,
Commissioner Taylor, and Mayor Vollmer; those voting No, none.
Confirmation of Patrolman Dan Goyette - Bozeman Police Department
The Police Chief reported that Patrolman Dan Goyette had satisfactorily completed the required
one-year probationary period and recommended that Patrolman Dan Goyette be confirmed as a regular
officer of the Bozeman Police Department effective 1 February 1977.
The City Manager concurred in the recommendation of the Police Chief and it was moved by
Commissioner Lehrkind, seconded by Commissioner Sedivy, that the confirmation of Patrolman Dan Goyette
be approved and he be congratulated upon completing the one-year probationary period. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner
Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none.
Bond for Failure to have proof of rabies vaccination
Persons cited for dog violations are sometimes unable to furnish proof of rabies vaccination.
I The municipal judge is reluctant to set bond in these instances, which would allow the dog owner to
take the impounded animal to a veterinarian for the innoculation, and thereupon present the rabies
certificate for return of the bond.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the City Attorney be
instructed to draft a revision to the ordinance establishing a bond at a figure not to exceed $25.00.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy,
Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting
No, none.
Commission Resolution No. 1858 - Intent to Create SID 576 - Water and Sewer Construction
Lots 16-31 Inc., Blk 3, All of lots 1-16 Inc., Blk 4 in West Park Manor,
Second Addition
Commission Resolution No. 1858 declaring the intention to create a Special Improvement District
No. 576 for Water and Sewer Construction on North 22nd Avenue between Durston Road and Beall Street as
prepared by the City Attorney was presented, entitled:
COMMISSION RESOLUTION NO. 1858
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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. 576 FOR THE PURPOSE OF
CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SEWER MAIN AND
APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF
NORTH TWENTY-SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD; A TEN (10)
INCH WATERMAIN AND APPURTENANCES ON A PORTION OF DURSTON ROAD FROM A POINT
APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE
TO A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-
I SECOND AVENUE: AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY
APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-SECOND AVENUE BETWEEN BEALL
STREET AND DURSTON ROAD TO SERVE LOTS 16 THROUGH 31 OF BLOCK 3 AND LOTS 1
THROUGH 16 OF BLOCK 4 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN,
MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVA-
TION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTING,
HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CONSTRUC-
TION 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 APPURTENANCES THERETO.
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The Commission concurred with the recommendation of the City Manager. and it was moved by
Commissioner Taylor. seconded by Commissioner Vandeventer. that Commission Resolution No. 1858 be
passed and adopted and March 2. 1977. be the date set for public hearing. and the motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner Vande-
venter. Commissioner Lehrkind. Commissioner Sedivy. and Mayor Vollmer; those voting No. none.
Commission Resolution No. 1859 - Intent to Create SID 577 - Paving a Portion of Beall Street for a
distance of 117 feet each side of North 22nd Avenue between Beall
and Durston I
Commission Resolution No. 1859 declaring the intention to create a Special Improvement District
No. 577 for Paving construction on a portion of Beall Street for a distance of 117 feet each side of
North 22nd Avenue and North 22nd Avenue between Beall Street and Durston Road was presented. entitled:
COMMISSION RESOLUTION NO. 1859
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. 577 FOR
THE PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE
PAVING. INTEGRAL CONCRETE CURB AND GUTTERS. NECESSARY APPURTENANCES THERETO.
ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE AND
DITCHES. STORM DRAINAGE INLETS. MANHOLES. DIVERSION STRUCTURES OR OTHER
APPURTENANCES TO STORM DRAINAGE AS NEEDED ON A PORTION OF BEALL STREET FOR A
DISTANCE OF 117 FEET EACH SIDE OF NORTH 22ND AVENUE. ALSO NORTH 22ND AVENUE
BETWEEN BEALL STREET AND DURSTON ROAD.
The Commission concurred with the recommendation of the City Manager. and it was moved by
Commissioner Vandeventer. seconded by Commissioner Lehrkind. that Commission Resolution No. 1859
be passed and adopted and March 2. 1977. be the date set for public hearing. and the motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer. Commis-
sioner Lehrkind. Commissioner Sedivy. Commissioner Taylor, and Mayor Vollmer; those voting No. none.
Commission Resolution No. 1860 - Intent to Create SID No. 578 - Water and Sanitary Sewer Construction
on the entire length of North 19th Avenue between Beall Street and Durston Road to serve Lots 1 thru 17
of Block 1 of West Park Manor
Commission Resolution No. 1860 declaring the intention to create a Special Improvement District
No. 578 for Water and Sanitary Sewer Construction on North 19th Avenue between Beall Street and I
Durston Road to serve Lots 1 thru 17 of Block 1 of West Park Manor as prepared by the City Attorney
was presented. entitled:
COMMISSION RESOLUTION NO. 1860
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. 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. 578 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SEWER MAIN AND
APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH
OF NORTH NINETEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD: AN EIGHT (8)
INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON THE ENTIRE
LENGTH OF NORTH NINETEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD TO SERVE
LOTS 1 THRU 17 OF BLOCK 1 OF WEST PARK MANOR 1ST ADDITION TO THE CITY OF BOZEMAN.
MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL. BEDDING MATERIALS. CAST IRON WATERMAIN. VALVES.
FITTINGS. HYDRANTS. SERVICE LINE STUBS. AND OTHER NECESSARY APPURTENANCES.
THE CONSTRUCTION AND INSTALLATION OF SEWER AND BACKFILL BEDDING MATERIAL.
INSTALLATION OF SEWER MAIN. NECESSARY WYES. SERVICE LINE STUBS. MANHOLES.
AND OTHER NECESSARY APPURTENANCES THERETO.
The Commission concurred with the recommendation of the City Manager. and it was moved by
Commissioner Lehrkind. seconded by Commissioner Sedivy. that Commission Resolution No. 1860 be passed
and adopted and March 2. 1977. be the date set for public hearing. and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Sedivy.
Commissioner Taylor. Commissioner Vandeventer. and Mayor Vollmer; those voting No. none.
Reports I
The following reports were presented:
Police Monthly Report Fire Department Annual Report
The City Manager commented on the reports and recommended they be accepted and ordered filed.
It was moved by Commissioner Sedivy. seconded by Commissioner Taylor. that the reports be
accepted and ordered filed. and the motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Sedivy. Commissioner Taylor. Commissioner Vandeventer. Commissioner
Lehrkind. and Mayor Vollmer; those voting No. none.
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Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Taylor, seconded by Commissioner Vandeventer, that the meeting be adjourned, and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor,
Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting
I No, none.
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-....,...- - AMESW. VOLLMER, May6t'"
ATTEST:
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Clerk of the City Commission
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