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HomeMy WebLinkAbout1978-12-06 -<1/ . ,r""'1 "'''' J...uJ, December 6, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission-Room. Municipal Building, December 6, 1978 at 1:15 o'clock p.m. Present were Mayor Sedivy. Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Mana- ger, Gesko. Ass't City Manager Smith, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular I meeting held on November 29. 1978. were approved as submitted. Decision - Maurice Klabunde - Zone Map Change from AS to B-2-T - approximately 13 acres along U.S. Highway 191 West of Rae Road Having deferred action on the request of Maurice Klabunde until all five Commissioners were present, it was again presented. The Planning Commission, by a narrow majority, recommended denial of the petition. The Zoning Commission, unanimously. recommended denial of the petition. The City Manager advised the Commission that the staff had reviewed the twelve criteria which were mentioned during the Lowe, etal vs the City of Missoula case. The staff had actual- ly reduced the twelve criteria to seven. Based upon the decision on the Lowe, etal vs the City of Missoula Case. the City Manager recommended denial of the Zone Map Change from As to B-2-T. It was moved by Commissioner Vollmer, seconded by Commissioner MacNab. that the Commission approve the request for the Zone Map Change from AS to B-2-T. Those voting Aye being Commis- sioner Vollmer and Commissioner MacNab. Those voting No being Commissioner Swanson, Commission- er Vandeventer and Mayor Sedivy. The request was denied. Public Hearing - Conditional Use Permits - to be continued a) Milton Jones - Allow well drilling & welding North on Bridger Drive This was the time and placeset for a public hearing to consider the Conditional Use Permit for Milton Jones. The applicant seeks a conditional use permit to allow the construction of I a 4,500 sq. foot building to be used for storage and maintenance for equipment used for a well- drilling and welding business. The Planning Director advised the Commission that the Zoning Commission tabled action on the request for a conditional use permit. The hearing on the conditional Use Permit for Milton Jones will be continued until a rec- ommendation is received from the Zoning Commission. b) Natalie Jenkins - Allow a 36' x 30' addition to the existing Sweetheart Bakery Building located at 1523 North Rouse. This was the time and place set for a public hearing to consider the Conditional Use Per- mit for Natalie Jenkins. The applicant seeks a Conditional Use Permit to allow a 36' x 30' addition to the existing Sweetheart Bakery building located at 1523 North Rouse. The Planning Director advised the Commission that the Zoning Commission tabled action on the request for a Conditional Use Permit for further information. The hearing on the Conditional Use Permit for Natalie Jones will be continued until a rec- ommendation is received from the Zoning Commission. Public Hearing - Commission Resolution No. 2032 - Burrup Annexation - East of Bozeman During the regular meeting of the City Commission held on November 1. 1978. the Commission regularly passed and adopted Commission Resolution No. 2032 declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land lying in the SE ~ of Sec- tion 8, the W ~ and SE ~ of Section 9. and the NW ~ and NE ~ of Section l6. T2S. R6E. M.P.M., I Gallatin County, Montana. This being the date for public hearing as set forth in said Commission Resolution No. 2032. affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law was presented. There were no protests on file. An updated copy of the Burrup Annexation Study as requested by the City-County Planning Board was presented. The objective of this study was to determine the economic feasibility of annexing 78 acres located to the East of Bozeman between 1-90 and U.S. 10. The property includes several businesses and agricultural tracts. The Planning Staff attempted to gather as much information as possible from City departments and local government agencies to develop a realistic cost-review evaluation of the proposed .on? .L lJ "- annexation. The City Attorney advised the Commission that for a period of twenty (20) days after the public hearing. the governing body shall receive written protests. The City staff was instruct- ed to research the accurate number of registered freeholders living within the proposed Burrup Annexation Area. Anyone who wished to protest had the next three weeks before the next meeting of the City Commission to read the staff report and register their written protests. I Several property owners were present in regard to the proposed annexation. Mel and Dean Burrup. owners of the property being annexed were present to answer any questions that might arise. Page Wellcome,representing the Hunt Estate; Donald Nash, representing some of the prop- erty owners; Dennis Neibauer. and Mrs. Donald Theissen. resident freeholder in the annexation area were all in favor of the annexation. Neal E. Ganzer a resident freeholder owning 3.5 acres of property within the proposed annexation area was present. He stated he was opposed to the annexation at this time, but wanted to review the proposal and receive more information before making a final protest. Mr. Burrup sold the property to Mr. Ganzer and made it known at that time that the area would be proposed for annexation. The City Manager commented on the proposed annexation. He stated the staff had proceeded with the intent to annex the area despite its long and narrow charactistics. The City Manager said it is doubtful that water can be provided in that area within the required five year period. A sanitary sewer trunk has been installed for present and future development of the H~llcrest property. If the annexation development uses the present sewer trunk capacity, the cost for building a new trunk in the future could be charged to the annexed property owners now or later. The City Manager stated that the health department and City approval regarding drainage problems must be obtained prior to construction. The City Attorney said the sewer and water agreement should be attached to the annexation report. The City Attorney also stated that a majority of the resident freeholders protesting the annexation in writing could prevent further consideration of the annexation for one year. I It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis~ sion instruct the City Staff to prepare a list of the legal resident freeholders for the Com- mission Meeting on Wednesday, December 27, 1978. and that a sewer and water agreement be attached to the annexation report. The motion was carried by the following Aye and No votes, those voting Aye being Commissioner MacNab. Commissioner Vollmer. Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab and Mayor Sedivy. those voting No, none. Presentation of Award to Garvan Wiman Mayor Sedivy. on behalf of the City Commission, said it was with most sincere pleasure that he present the Commendation Award to Garvan Wiman for a long and untiring service on the Board of Adjustment. Decision - re: donating, leasing or selling of property for low housing project The City Manager advised the Commission that the City intended to reapply for the grant for the construction of a 50 - unit housing project. A recent letter received from Housing Urban Development of Denver, suggested that in. as much as the City was still interested in a successful Section 8 Housing Program, that the City consider the revision of two guidelines: (1) giving. rather than selling, the land to a po- tential developer; and (2) possibly revising some of the PUD criteria to be imposed on the developer and development. Grant program administrator Bob Owen advised the Commission that if the site was given away the developer would have to put the money he saved from the land back into construction. I This would enable the developer to meet the PUD requirements and other special conditions. James Twomey, a developer from Billings gave a brief background on the Section 8 program and the City's difficulty in securing a Section 8 project. As a Section 8 developer, Mr. Twomey explained his modifications for constructing and managing this type of housing. In summary Mr. Twomey advised the Commission that they submit more community development funds for the successful developer. Following discussion, it was moved by Commissioner Vollmer. seconded by Commissioner Van deventer, that the land be given to an approved developer. but that no additional City funds I (j':' ~ c. be used for site improvements, and that the housing project be used for low and moderate i.ncome housing through the duration of the Section 6 project. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer Com- missioner MacNab and Mayor Sedivy, those voting No being Commissioner Swanson. D-iscussion - re: concept of proposed resolution - Senior Center I The guidelines for the operation of the Senior Center were submitted for discussion and consideration. Several Senior Citizens were present for the discussion regarding the concept of the pro- posed resolution. The Seniors asked if they would be able to utilize the center before the guidelines for the operation of the Senior Center was completed. The answer was No. The Commission discussed including a representative from the Gallatin County Council on Aging. The City Manager stated the Agreement apparently did not contradict federal guidelines which would make it possible for the center to apply for federal grants. Following much disucssion It was moved by Commissioner Vandeventer. seconded by Commis- sioner MacNab that a committee consisting of Commissioner Swanson. City Manager Gesko, and a representative from the Seniors' steering committee be appointed to discuss and agree upon the guidelines for the operation of the Senior Center. and that the agreement be brought back for City action on December 20, 1978. 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. Commission Resolution No. 204l - Certification of delinquent taxes Commission Resolution NO. 2041 certifying delinquent taxes in the amount of $227,232.l5 plus penalty of $4,544.64 to the Gallatin County Treasurer was presented. I COMMISSION RESOLUTION NO 2041 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMKN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESS- MENTS. DUE AND PAYABLE 30 NOVEMBER 1978. AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1978, AND UN- PAID, DELINQUENT. AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION ll-2233, POLITICAL CODE, R.C.M..1947. Upon recommendation of the City Manager. it was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that Commission Resolution N6. 2041 be passed and adopted. 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. Abatement of special assessments The following applications for tax abatements in the amount of $2,028.55 was presented: 1978 ABATEMENT OF TAXES NOTICE "1M1E LOT BLOCK ADDITION AMOUNT TYPE 200 Clifford T. & Doris Hartgrave North 30 feet Tract 5 11 Beall's lst $ 35.20 Garbage 218 William A. Phillips East 78 feet Lot l. East A Beall's 2nd 17.68 Garbage 78 feet of South' ~ Lot 2, East 70 feet of North ~ Lot 2, East 70 feet of I Lot 3 234 Toby Lafferty, Gallatin Tract 1 90 x 140 foot N.E: C Beall's 2nd 92.80 Garbage Real Estate corner 257 William D. Phillips 21 and 22 E Beall's 2nd ll. 78 Garbage 340 Sadie 1. Welton 29 and 30 7 Beall's 3rd 18.69 Garbage 355 Bozeman, City of A Black's 409.24 Sprinkling U.S. Federal Bldg Dist 0008 367 Ethel Main Tract l6 in lA 78 x C Black's 27.30 Garbage 142.3 feet 1 28.80 Land fill 388 A. De & John Heetderks 13, 14 & l5 D Black's 16.28 Garbage .. ('I J .Lu + 1978 ABATEMENT OF TAXES (cont) NOTICE NAME LOT BLOCK ADDITION AMOUNT TYPE 573 Helen Daems 17 and 18 9 Butte $ 9.92 Garbage 592 H. W. Menzel 2l and 22 11 Butte 24.00 Garbage I 810 Sherwood Investment Co. Tract 2 College Sub 536.96 Landfill l2l6 Louis M. Moos North Yz of 22, all of 23 West Side 12.16 Garbage 23 and 24 Glendale Re-Arrangement 1337 Jean Robertson East 62Yz feet of North R Guy's lst 3.20 Garbage SOYz feet of Yz A Lot 1 1399 Mrs. Bernard Allen 13, 14, West 3 feet of BB Hoffman's 12.25 Garbage South 90 feet of Lot 15, North 50 feet of Lots 15 and 16 l415 Paul M.& Barbara Peloquin 5 and 6 F Hoffman's 16.32 Garbage lS07 Michael Kvasnick 22 and South ~ of 23 42 Imes 28.80 Garbage 1640 James L. & Bonnie Townsend 7 1 Kirk's 1st 19.80 Garbage 2086 Humane Society Tract 33 N.E.Annex 128.00 Landfill 2l4l John W. & Fae Rooksberry 6 - 9 4l Northern 24.00 Landfill Pacific 2157 Douglas Bing 1 - 3 44 Northern 26.36 Garbage Pacific 2672 Keith Noyes, Centennial 1 of Re-Arr of Lots Remington 140.80 Garbage Apartments 2 & 6 2673 Keith Noyes, Gentennial 1 of Re-Arr of Lots Remington 54.91 Garbage Apartments 2 & 6 2717 19 and 20 Rouse's 1st 16.28 Garbage /' Phillips & Keating B 2830 Stella C. Bille 7 and 8, and East 1 Springbrook 22.40 Garbage 19 feet of Lot 9 I 2932 Leo Hoffart. etal South 37 feet of 12 A Alderson's 28.80 Landfill l3, l3 x 37 feet SW corner Lot l4, 58.4 feet West end of Lot II 3011 Thrifty Scot Motel 2 2 Tange's 60.80 Landfill Allen Brutger 3145 Kenneth M. Zickovich 12 9 Thompson's 4th 11.52 Garbage 3489 John S. French Jr. Valley of 38.90 Garbage Flowers Sub. 3591 Keating & Phillips 19 and 20 9 Park l4.96 Garbage 3595 Alma E. Dugdale South 10 feet of Lot 20 West Park 12.16 Garbage 3, all of Lots 4 & 5 3693 John Borg - A & W l5 and 20 52 West Park 64.00 Landfill 3853 J. Russell Flattum 6 - 8 8 West Side 21. 44 Garbage 479l Empire Federal Savings l2 9 Thompson's 11.52 Garbage and Loan 4th 4989 O. Ellison, Chequamegon 7 Chequamegon 22.70 Garbage Village Village Sub. 4994 O. Ellison. Chequamegon 16 Chequamegon 7.82 Garbage Village Sub. TOT A L $2.028.55 The Commission concurred in the recommendation of the City Manager. and it was moved by I Commissioner Vollmer. seconded by Commissioner Swanson, that the applications for the tax abatements be approved and the Director of Finance be authorized and directed to enter the abatements on the tax records. 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. Going out of Business license application - F.W. Woolworths The City Manager presented a Going Out of Business License application along with the required fee. from F.W. Woolworths. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner (" "; r .l U '...1 Vandeventer, that F. W. Woolworths be granted a Going Out of Business License for a period ending January 31. 1979. 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. One - half year beer license application - Alpine Standard Service I The City Manager presented an application from the Alpine Standard Service along with the required fee of $100.00 for a one-half year beer license. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab. that the Alpine Standard Service, having met all requirements, be issued a license as stated above. 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. Proclamations (a) Guy Sperry Day - December 6, 1978 Mayor Sedivy proclaimed the week of December 6 through December l2 as "Guy Sperry Week" and Wednesday, December 6 as "Guy Sperry Day" and urged all of the Citizens of the City of Bozeman to stop by the Bozeman Chamber of Commerce and personally express their appreciation of the many years of productive efforts he has dedicated to this community. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer , Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. (b) Toastmasters Week - December 6 to l2. 1978 Mayor Sedivy proclaimed the week of December 6 through December 12 as "Toastmasters Week" I in the City of Bozeman. It was moved by Commissioner Vollmer, seconded by Commissioner,~wanson. that the Commission endorse the Mayor's proclamation. 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. Appointment of Leslie Nielsen to Board of Adjustment to December 31, 1979 Mayor Sedivy announced his appointment of Leslie P. Nielsen to the Board of Adjustment effective December 6, 1978. Mr. Neilson replaces Garvan Wiman who resigned as of December 5, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission endorse the Mayors appointment of Leslie Nielson to December 31, 1979. 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. .. - Kennel License Application - Louis W. Burton The City Manager presented the Kennel License Application from Louis W. Burton along with the required $20.00 fee. The Animal Control Division advised the City Manager that the conditions previous attached to Louis Burton's application for a kennel license had been complied with and recommended that I the license be granted. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Louis W. Burton be issued a Kennel License effective through December 31, 1978. 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. Claims The payroll claims and the general claims for the month of November was presented. 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. lOG It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson. Commissioner Vandeventer, and Mayor Sedivy. those voting No, none. *** - Reports The following reports were presented: I Building Inspector for November Police Department for November It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer. that the re- ports approved by the City Manager be accepted 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_ Adiournment There being no further business to come before the Commission it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No. none. ,t ATTEST: " I -' ERNA V. *** Bingo License application - Bozeman Lions Club - Winter fair (Bob Braun) - It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, tlhat the Commission approve the bingo license application for the Lions Club, and that the license fee for the Bozeman Lion's Club be waived, and that the license fee be waived on all of the other activities on the fair grounds. All of the proceeds received from the Lions Club will go back into the park recre- ation. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer; those voting No being Mayor Sedivy. I