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Home My WebLink About1974-12-11 231 Bozeman, Montana 11 December 1974 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Bui 1d ing, 11 December 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City Manager Fryslie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. I Commissioner Lehrkind opened the meeting with a prayer, and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 4 December 1974, were approved as read. Hearing - Request for Rezoning Lands South of Babcock Street - 19th Ave. East ~, Edw"!.rd J. Harrington From R-3 to B-2 This was the time and place set for a public hearing to consider the request of Edward J. Harrington, to change from "R 3" to "B-2" a tract of land involving 800 feet of frontage along the south side of West Babcock Street with a depth of approximately 225 feet from the centerline of Babcock Street. The hearing, having been continued in order that the Bozeman Planning Staff might investigate conditions which might be added to the "BZ" District and for a recommendation from the Bozeman Zoning Commission. was presented for a continued hearing, consideration and a final decision. Many interested persons were present to discuss the area in question and to oppose the zoning change from "R-3" to "B-2". After reviewing, discussing and listening to public comment, the Bozeman Zoning Commission voted to recommend denial of the rezoning application from "R-3" to "B-2" to the City Commission. Following a thorough discussion, the continued hearing was closed, and it was moved by Commiss ioner Vollmer, seconded by Commissioner Vandeventer, that the request for a zone change from "R-3" to "B-2" on a tract of land 225 feet X 800 feet on Babcock Street between Seventeenth and Nineteenth Avenue be approved as presented, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind; those voting No, Mayor Sedivy. Hear~pg - Conditional Use Permit - Muffler Shop in M-2 Zone (Grif fin Dr ive) This was the time and place set for a public hearing to consider a recommendation of the Bozeman I City Zoning Commission regarding an application from Mr. A. E. McChesney for a conditional use permit to build a 30-foot by 50-foot muffler shop on the 1/2 acre tract of land in the NE1/4, NE 1/4 of Section I, Township 1 South, Range 5 East. said property being located on the south side of Griffin Drive approximately 1,200 feet east of North Seventh Avenue. The Bozeman City Zoning Commission, having reviewed the application. recommended that a condi- tional use permit be granted subject to the following conditions: 1. That well and septic system plans be reviewed and approved by the County Health Department. 2. That there be a front yard setback of 35 feet from the property line. 3. That all other requirements of the Zoning Ordinance for this zoning district be met. It was moved by Commissioner Vandeventer. seconded by Commissioner Taylor. that they approve Mr. McChesney's conditional use permit in the M-2-T District with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Comm- issioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Plans and Specifications, 50-Meter Covered Pool - Approval and Authorization to Call for Bids - Open 15 January 1975. Plans and specifications for the construction of the 50 meter covered Bozeman Municipal Pool as prepared by William Grabow of Berg, Grabow and Associates, was placed before the Commission. The City Manager recommended that the plans and specifications as presented be approved and that a "Call for Bids" for the base bid of a six-lane, 50-meter pool with an eight-lane alternate be auth- orized with an opening date of l5 January 1975. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they concur in the I recommendation of the City Manager and authorize and direct the Clerk of the Commission to publish a "Call for Bids" with an opening date of 15 January 1975. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner Lehrkind, Commissioner Van- deventer, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Authority to Complete Improvements - Police Department - Approximately $1,000.00 The Police Department requested permission to make some improvements at the Police Station at an approximate cost of $1,000.00 Upon concurrence of the City Manager. it was moved by Commissioner Lehrkind, seconded by Comm- issioner Vollmer, that permission to make the improvements be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer. Commissioner Taylor, Commissioner Vandeventer and Mayor Sedivy; those voting No. none. 232 Authority to Sell Fruitcakes - Downtown Area - 14 December 1974 - Civitan Club A letter received from Paul K. Dudley, Sales Chairman of the Bozeman Civitan Club, requesting permission to conduct a fruitcake sale in Bozeman on 14 December 1974 was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer. that the request to conduct the fruitcake drive be granted, and the motion was carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No. none. I Abatement of Specia! Assessments - 1974 The following applications for tax abatements in the amount of $231.06 was presented. NOTICE 4F NAME LOT BLOCK ADDITION GARBAGE - 470 Rev. Michael Miles 14 thru 17 2 Butte $ 32. 50 706 Donald J. DeCosse 25 to 27, N 87' of 28 28 Original Plat 36.00 & 29. 4' X 63' SE Cor. 762 Raymond Dore, Etal N 16' of 1 - 4 and E C Tracy's 3rd 60.00 112 ' of 14 - 16 1882 H. W. Menzel 21 & 22 11 Butte 5.40 2l~5 7 C. W. Rosenberg S 100' of 14 & 15 D Tracy's 3rd 22.92 2585 Robert A. Sencer 4 thru 7 48 Cap. Hill 9.50 2689 Charles W. Sorenson 3 1 Rouse's 3rd 10.83 3072 Nancy Bowman 15 & 16 E Tracy's 1st 36.75 417L~ Karen L. Kempt 13 2 W. Park Manor 17.16 TOTAL $231.06 In concurrence with the recommendation of the City Manager, it was moved by Commissioner Van- deventer, seconded by Commissioner Taylor. that the applications be approved and the Director of Finance be authorized to enter the abatements on the tax record. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer. Commissioner Taylor. Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No. none. Interpretation of Zone Code - Muffler Shop in B-3 I The letter received from Donald E. Cape and Maynard L. Hewett requesting an interpretation of a variance on the land and building located at 424 East Main Street, having been tabled for a period of one week for further study. was again presented. Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they deny the request for a variance on the land and building located at 424 East Main Street. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkin~ Commissioner Vandeventer and Mayor Sedivy; those voting No being Commissioner Vollmer and Commissioner Taylor Abstained. Reports The following reports were presented: Police Chief Police Judge Director of Public Service The City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Taylor, seconded by Commissioner Vollmer, that the reports be approved and ordered filed, and the motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Taylor, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Sedivy; those voting No. none. Easement - Mountain States Te lephone and Tet~h Company (Rearrangement of Elks Club Property.) A right of way easement from the Mountain States Telephone and Telegraph Company for the purpose of constructing, operating, maintaining and removal of such communications and other facilities upon and across a strip of land 20 feet in width south of and contiguous to the South line of Tracts 2, I 3 and 4 of the Rearrangement of Elks Club property lying within the City of Bozeman, County of Gallatin, State of Montana. was presented. The City Manager recommended that the City enter into the Agreement, approved as to form by the City Attorney, and it was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that the Right of Way Easement be entered into by the City and the Mayor and Clerk of the Commission be authorized and directed to sign for the City, and the motion was carried by the following Aye and ( No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No. none. 23:1 Extension of Conditional Use Permit - West Main Shopping Center (Sabol a~d Mecklenburg) Joe Sabol and Bruce Mecklenburg were present for the purpose of requesting a six-month ex- tension of a conditional use permit to build a shopping center in Block 3 (except Lot 1) and all of Block 4 in Kirk's Subdivision No.4 to the City of Bozeman. Following a discussion. it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the request for the extension of the Conditional Use Permit for a period of six I months be granted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind. Commissioner Vollmer and Mayor Sedivy; those voting No, none. Resignation of Mrs. Henry Campbell - Library Board It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that they accept Mrs. Henry Campbell's resignation from the City of Bozeman Library Board and instruct the City Manager to address a letter to Mrs. Campbell expressing their gratitude for her many years of service. The motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. elaims Claim Nos. 19484 thru 19754 and 08477 thru 08633 inclusive were presented. Band 1.34 SID's $73.122.72 Cemetery 8,300.87 Street 12,597.85 Garbage 7,525.43 Water l7,728.56 General 22,034.07 Rec. Complex 13.72 Library 1.693.59 Rev. Sharing 172.379.27 Park 1.821.62 Walks & Curbs 52.54 Parking Meter 215.39 Park Constr. 90.75 P.E.R.S. 3,100.62 Municipal Bldg. 10.00 Planning Board 4.067.10 Cem. Permanent Care 140.00 Police Reserve 3,824.73 Bogert Pool 85.57 SDS $20,921.48 $349.727.22 I 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 Vollmer. seconded by Commissioner Vande- venter, that the claims be approved and the motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Comm- issioner Lehrkind and Mayor Sedivy; those voting No. none. 7 .. ~L .C/.. .... ////:: /' ./i L -.- __ i ,,' . ') . ATTEST: fQ' I/.-.~~ ./ Y - ~.... C~ /:. ..' ./.~ '4" ERNA-V. HA~ Clerk of the City Commission I