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HomeMy WebLinkAbout1977-08-24 297 Bozeman, Montana August 24, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 24, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting were approved as submitted. I Confirmation of Firefighter Fred Cheney - August 1, 1977 The Fire Chief reported that Fire Fighter Fred Cheney had satisfactorily completed the required one-year probationary period and recommended that he be confirmed as a regular fire fighter effective August 1, 1977. The City Manager concurred in the recommendation of the Fire Chief, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the confirmation of Fire Fighter Fred Cheney be approved effective August 1, 1977 , and that he be congratulated on completing the one-year probationary period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Public Hearing (Continued) Maurice Klabunde - Reclassify 22.2 acres in 2 parcels from AS to B-2, 10.5 acres occupied by Heritage Homes - 11.5 acres east of and adjacent to first parcel - 4 miles west of Bozeman The public hearing to consider the request of Maurice Klabunde to reclassify 22.2 acres in two parcels from AS to B-2 was presented for hearing and a final decision. Both Mr. Klabunde and his attorney were present to present their case. FollO\dng an extensive discussion, the Mayor closed the hearing. Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the decision be deferred for a week to further review the request and with a full Commission present. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Public Hearings - Assessments: Commission Resolution No. 1901 - Lighting - Final passage Commission Resolution No. 1902 - Sweeping - Final passage I This was the time and place set for public hearing on levying the final assessment for the various lighting districts for the year 1977 in the total amount of $22,043.12. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no protests on file, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 1901 provisionally passed and adopted on August 17, 1977, be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. This was the time and place set for public hearing on levying the final assessment for street sweeping for the year 1977 in the total amount of $30,114.03. Affidavit of publication of Notice was p'resented. No one appeared to protest verbally, and there being no protests on file, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1902 provisionally passed and adopted on August 17, 1977, be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy;those voting No, none. Commission Review - Preliminary Plats: A - Clover Meadows B - Kellerton C - McChesney Industrial Park A) The preliminary plat application of Mr. Dan Davis, et aI, for the proposed Clover Meadows sub- division located at the NE~ and NW~ of Section 16, T2S, R6E, MPM, along with a recommendation from the Planning staff report, was presented. The application, if granted, would allow the subdivision of a one-hundred acre tract of land into seventy-five lots of approximately one acre in size. I Following a discussion, the Commission concurred in the City Manager's recommendation that the preliminary plat subdivision be approved per the Planning staff's recommendation with the following conditions: 1. That the changes and recommendations as outlined in this report be made before final plat is recorded. The final plat shall show: a) Certificate of installation of improvements b) Certificate of Director of Public Service c) Drainage and utility easements d) Certificate of park deeded to the homeowners associations 2. A nine(9) acre park be shown on the final plat using Lots 14, 15, 16, 17, 64, 65, 66, and part of 18, plus a portion of Robin Lake. The park is to be maintained by the homeowners association and deeded to the association to be held in perpetuity for use as park. - ~ ----- - . ~--_.._~ --- ._-~-~~._-----'-~~- -- --....--- -~._- ---- - - --_.~ ----- - -..---- -.-- 2(l~ .. It C5 3. State Board of Health approval is required. 4. If the park plan as submitted by the applicant is accepted, final park improvements plan is to be reviewed and approved by the Park and Recreation Department. 5. That the park be centrally located. B) The preliminary plat application of Mr. Burton Wastcoat for the proposed Kellerton Subdivision located along the west side of South 15th Avenue between Story Street and College Street for the I purpose of constructing multi-family dwellings was presented. Upon the Planning staff's recommendation and in concurrence with the City Manager, the Commission recommended preliminary plat approval for the Kellerton Subdivision along with the Planning staff's following conditions: 1. That the common access proposed be shown on the plat. 2. That the final improvement agreemtns reflect a scheduling for the removal of existing buildings from Lots 9 through 13 before there lots are sold. 3. That the required cash-in-lieu park payment be made. 4. That a workable solution to the problem of the irrigation ditch be worked out by the applicant, City Engineer, and the Planning staff. 5. That required utility easements be shown on the final plats. C) The preliminary plat application of A. McChesney for the proposed Industrial Park Subdivision which is bounded by 1-90 on the south, North 7th Avenue on the west, Griffin Drive on the North and the Continental Oil Bulk Plant on the east was presented. Upon the City-County Planning Board's recommendation and in concurrence with the City Manager, the Commission recommended the plat approval for the McChesney Industrial Park Subdivision and that the water trunk lines be installed along with initial SID's. Request for sign variance - placement on Bozeman Hotel (Dark Horse, Inc.) A letter received from Dark Horse, Inc. , requesting a sign code variance to have a sign be constructed of non-combustible material was presented. I It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the sign code variance for the Dark Horse, Inc., be approved, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Authority to Call for Bids - 8,000 tons crushed aggregate material for Street Department - Open Bids September 7, 1977 The Street Department has a need for 8,000 tons crushed aggregate material and the City Manager requested authority to call for bids for the purchase of this material. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the purchase of 8,000 tons crushed aggregate material be authorized and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase to be received and opened on Wednesday, September 7, 1977 . The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Open Container Ordinance - Discussion A proposed ordinance submitted by the City Manager and Police Chief which would prohibit having an open bottle of alcoholic beverage (beer, wine, liquor) in a vehicle, namely, for consumption, was brought before the Commission for discussion. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Attorney be instructed to draw up the ordinance, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. I Request to conduct annual UNICEF Drive on October 30, 1977 A request from the Church Women United for permission to conduct Trick or Treat for UNICEF from 3 p.m. until 5 p.m. on Sunday, October 30, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that permission to conduct this UNICEF Drive be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. -~----~-- --- - 299 Commission Resolution No. 1904 - Expressing condolences to widow and family of Brick Breeden Commission Resolution No. 1904 expressing appreciation of the faithful services rendered by Brick Breeden and extending condolences and sympathy to his widow, family and friends were presented. COMMISSION RESOLUTION NO. 1904 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN MEMORIAN TO JOHN W. (BRICK) BREEDEN AND TO EXTEND CONDOLENCES AND SYMPATHY TO THE BEREAVED WIDOW, FAMILY AND FRIENDS OF JOHN W. (BRICK) BREEDEN. I It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1904 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Sidewalks - possible abatement - culvert on Peach from 5th to 7th Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that they rescind the order to place sidewalks on Beall Street by property owned by Messrs. Sheldon and Spieth and the culvert on Peach from 5th to 7th for a period of one year to be brought back for action in 1978. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. ATTEST: I ,? /~ ~L b/-~ ./. ~ a -kiJr ERNA V. HARD IN .. ./'" Clerk of the City Commission I ---- -..- --- ------ ----- -~-