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HomeMy WebLinkAbout1977-02-02 M4 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. 14h5 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. ~_. ~ ..14:6 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. 14:7 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. (..\ --:--/ J .' \ /'. / ...:7 .,'"..,.... LA./r/i:--,."...--/ L l./' A "v e C'", . .d'_ -....,...- - AMESW. VOLLMER, May6t'" ATTEST: ;;:.::) /a~ ~~~~~r Clerk of the City Commission I I