HomeMy WebLinkAbout1977-09-28
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Bozeman, Montana
28 September 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, September 28, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City
Attorney Berg, and the Clerk.
I Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular
meeting were approved as submitted.
Decision regarding conceptual approval for Tewage Development - Gene Cook et al
Acquisition of Kagy Boulevard Right-of-Way from South 11th to 19th Avenues
The decision on the request of Gene Cook, et aI, to grant conceptual approval to a planned
unit development consisting of a small office, 96 apartment units, and 112 condominium units on the
East half of Lot 1 and all of Lots 2A and 2B of the Boylan Addition, having been delayed for a
period of three weeks for the City Engineer to investigate the matter of acquiring rights-of-ways
along the Kagy extension from 11th to 19th streets, was again brought before the Commission.
The City Engineer explained to the Commission what rights-of-ways belonged to the City and
the areas owned by private people which could be acquired by the City. County Commissioner George
Sager was also present and explained that Federal urban monies could be used for the Kagy extension,
but that our highway priorities would have to be re-examined in the immediate future.
The City Manager suggested a meeting be held with the County officials, the City Commissioners,
the Planning Board, the Zoning Commission and City staff to set our priorities on highway projects.
After a thorough discussion and upon the City Manager's recommendation, it was moved by
Commissioner MacNab, seconded by Commissioner Vollmer, that the conceptual approval for the Tewage
Development be granted, 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.
Hearing, Commission Resolution No. 1899 - McChesney 23.10 Acre Tract Annexation
During the regular meeting of the City Commission held on August 17, 1977 , the Commission
I regularly passed and adopted Commission Resolution No. 1899 declaring its intention to extend the
boundaries of the City of Bozeman so as to include a tract of land in the Northeast 1/4 of Section 1,
T2S, R5E, MPM to the City of Bozeman and designated as the McChesney Annexation.
This being the date for public hearing as set forth in said Commission Resolution No. 1899,
affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners
had been notified as required by law was presented. There were no protests filed and no one
appeared to protest verbally.
Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by
Commissioner Swanson, that the hearing be continued so that Mr. McChesney can be present, 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.
Hearing, Commission Resolution No. 1900 - Nelson 22.912 Acre Tract Annexation
During the regular meeting of the City Commission held on August 17, 1977 , the Commission
regularly passed and adopted Commission Resolution No. 1900 declaring its intention to extend the
boundaries of the City of Bozeman so as to include a tract of land in the North 1/2 of Section 1,
T2S, R5E, to the City of Bozeman and designated as the Nelson Annexation.
This being the date for public hearing as set forth in said Commission Resolution No. 1900,
affidavit of of publication of Notice and the Clerk's mailing certificate stating all property
owners had been notified as required by law was presented. There were no protests filed and no
one appeared to protest verbally.
I The Mayor declared the hearing closed. Upon the City Manager's recommendation that the two
annexations are closely related, it was moved by Commissioner Swanson, seconded by Commissioner
Vandeventer, that the Commission defer action until after the McChesney annexation 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 No. 1906 - Intent to Annex American Legion Tract in SW 1/4, T2S, R5E,
Hearing October 26, 1977 containing 3.388 acres
Commission Resolution No. 1906 declaring the City Commission's intention to extend the boun-
daries of the City of Bozeman to include a tract of land located in the SW 1/4, Section 1, T2S,
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R5E, MPM, to be known as the Legion Housing Annexation to the City of Bozeman, entitled:
COMMISSION RESOLUTION NO. 1906
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND
OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN,
AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID
CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE
CORPORATE LIMITS THEREOF.
as prepared by the City Attorney was presented. I
After much discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner
MacNab, that Commission Resolution No. 1906 be passed and adopted and that the Notice in Re be
published two consecutive weeks, and that October 26 be the date set for public hearing. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande-
venter, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those
voting No, none.
Reconsider decision on zone change for Frank J. Trunk - Reclassify an 8.3 acre parcel from R-3 to
B-2 North of and adjacent to King Arthur Mobile Home Park and fronts on US Highway 191
A letter requesting that the Commission reconsider their recent decision and refusal to re-
classify an 8.3 acre parcel from R-3 (Residential-Medium Density) to B-2 (Community Highway Business)
by Frank J. Trunk was again presented before the Commission.
The City Attorney advised the Commission that Mr. Trunk's application could be reprocessed
through the Planning staff, the Zoning Commission and back to the City Commission or the City
Commission could simply rescind their previous decision. It was moved by Commissioner Swanson,
seconded by Commissioner Vandeventer, that a decision be delayed for one week, and 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.
A. M. Buckingham - Variance to place trailer house on property for sister and brother-in-law to
live in - south of Mathew siding and .3 miles north of radio station KBOZ
The decision on the request of Mrs. A. M. Buckingham for a variance on their property to place
a trailer house for her sister and brother-in-law to live in having been delayed for one week was I
again brought before the Commission. A letter by Dr. E. G. Allen stating that the couple both have
severe, chronic, and disabling pulmonary emphysema and an agreement signed by Mr. and Mrs.
Buckingham and the Gallatin Department of Health that in the event of their death or move that the
trailer be removed were presented.
Upon the City Manager's recommendation, it was moved by Commissioner MacNab, seconded by
Commissioner Vollmer, that the Commission grant Mrs. Buckingham's request to place a trailer house
on her property, 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.
It was then moved by Commissioner Vollmer, seconded by Commissioner Swanson, that a moratorium
be placed on requests to place trailer homes on single-family dwellings until the Zoning Commission
has incorporated regulations or restrictions on such requests, 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.
Request by Wayne Arnold - Allowing placement of mobile signs onto roof
The decision on the request of Mr. Wayne Arnold for permission to place mobile signs onto
roofs having been delayed for one week was again brought before the Commission.
After being questioned by the Commission, the City Attorney advised them that since the
Commission allowed mibile signs in the City of Bozeman on a temporary basis, they could withdraw
their permission at any time.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that no mobile I
signs higher than ground level be allowed after October 1, 1977, and January 7, 1978, after which
time Mr. Arnold's contracts with two businessmen will have expired. 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.
Proclamation: Kiwanis Day- October 1, 1977
Mayor Sedivy announced his proclamation of October 1, 1977 , as Kiwanis Day in the City of
Bozeman and urged all citizens to help the Bozeman Kiwanis Club be participating in the Bozeman
Kiwanis Karnival to make possible continued support of community programs.
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It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission
endorse Mayor Sedivy's proclamation as presented. 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.
Bozeman Senior High School - Request to conduct homecoming parade October 15
A letter received from the President of the Student Government requesting permission to con-
I duct the Bozeman Senior High School Homecoming parade on October 15 at 11:30 to 12 noon was presented.
The parade route will be down the full width of Main Street from the High School parking lot to
Heeb's grocery store.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request be
granted with police participation to insure traffic control. 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.
Application for raffle license - Montana Realtors Education Foundation - September 28-0ctober 7
Welcome Wagon - December 5
The City Manager presented an application from the Montana Realtors Education Foundation, along
with the required fee, for the purpose of holding a raffle from September 28 through October 7.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission
approve the application for the raffle license fro the Montana Realtors Education Foundation. 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.
The City Manager presented an application from Welcome Wagon, along with the required fee for
the purpose of holding a raffle on November 1 through December 15.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission
approve the application for the raffle license for the Welcome Wagon. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab,
I Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting NO, none.
Contract Documents for SID No. 577 and SID No. 579
The Contract documents for the construction of SID's 577 and 579 were presented. The City
Manager recommended that the Contract documents be approved as presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Contract
documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign
the contract documents for the City of Bozeman, and that Long Construction Company be authorized
and directed to proceed with the construction of SID's 577 and 579. 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.
Report: Police Court
The following report was presented: Police Court
The City Manager commented on the report and recommended it be accepted and ordered filed.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the report be
approved and ordered filed. 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.
Report on 46th annual convention of the Montana League of Cities and Towns
Commissioner Vollmer and Mayor Sedivy reported on the 46th annual convention of the Montana
League of Cities and Towns held in Helena on September 21-24, 1977 . They both felt that the cities
and towns should become more active in legislature along with the conservation of energy.
I City-County Cooperation
County Commissioner George Sager expressed his concern about the drainage on the county's
taxable base and asked for the cooperation of the City because of tax exempt organizations.
It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the City Manager
and the County Commission cooperate with one another with all proceedings connected with the
legislature regarding tax issues. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Swanson, Commissioner Vollmer, Commissioner Vandeventer, Commissioner
MacNab, and Mayor Sedivy; those voting No, none.
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Adjournment
'I There being no further business to corne 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 Vande-
venter, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those
voting No, none.
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ATTEST:
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ERNA V. HARDING--
Clerk of the City CommiSsion
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