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Home My WebLink About1979-02-28 . , r'i ~~~ February 28, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, February 28, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Planalp and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, February 21, 1979, were approved. Presentation and discussion of By-Laws of the Bozeman Zoning Commission The by-laws of the Bozeman Zoning Commission were presented for discussion. The Planning Director explained that the object of the by-laws of the Bozeman Zoning Com- mission is to assist the Bozeman City Commission in improving the protecting the health, safety, morals or the general welfare of the community. Regulations made to carry out these objectives shall be made in accordance with the Boze- man Area Master Plan, and requirements of the City Code. Mayor Sedivy expressed his concern over Article V - Membership and terms of members as follows: A. Selection 1. One member of the Zoning Commission shall hold concurrent office as a member of the Bozeman City-County Planning Board. 2. One member of the Zoning Commission shall hold concurrent office as a member of the Board of Adjustment of the City. B. Terms of Members I Members of the Commission shall be appointed to serve a two-year term with the maximum number of consecutive terms limited to three. Commission members serving on the Bozeman City/ County Planning Board and Board of Adjustment shall be coincidental and concurrent with the Zoning Commission Appointment. Commissioner Swanson objected to Chapter V - Section D (2) Three unauthorized consecutive absences from Commission meetings shall be grounds for removal as a member of the Commission. Such removal will be by action of the Zoning Commission. Absences shall be authorized by the Chairman or Vice-Chairman. Commissioner Swanson suggested that the Zoning Commission should recommend that the action should be taken but the final decision should be made by the City Commission. The By-Laws are to be reviewed and taken under advisement by the Commission and brought back for action. Ordinance No. 1021 - Zone Code Amendment - Chapter 18.76.030 Townhouse Development Standard and Overlay District Ordinance No. 1021 amending Section 18.76.030 of the Bozeman Zone Code, as prepared by the City Attorney was presented. ORDINANCE NO. 1021 AN ORDINANCE AMENDING SECTION 18.76.030 OF THE BOZEMAN ZONE CODE It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 1021 amending Section 18.76.030 Development Criteria of the Bozeman Zone Code be approved and become effective thirty days after its passage and adoption. 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. I Ordinance No. 1022 - Zone Code Amendment - Chapter 18.76.050 Townhouse Development Standard and Overlay District Ordinance No. 1022 amending Section 18.76.050 of the Bozeman Zone Code, as prepared by the City Attorney was presented. ORDINANCE NO. 1022 AN ORDINANCE AMENDING SECTION 18.76.050 OF THE BOZEMAN ZONE CODE FOR THE INDIVIDUAL SEWER AND WATER CONNECTION FOR TOWNHOUSES. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve Ordinance No. 1022 amending Section 18.76.050 of the Bozeman Zone Code for the individual sewer and water connection for townhouses. Ordinance No. 1022 amending Section 18.76.050 will become effective thirty days after its passage and adoption. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. 150 Ordinance No. l023 amending Section 18.76.110 of the Bozeman Zone Code, as prepared by the City Attorney was presented. I Ordinance No. 1023 - Zone Code Amendment - Chapter 18.76.110 Townhouse Development Standard and Overlay District ORDINANCE NO. 1023 AN ORDINANCE AMENDING SECTION 18.76.110, COMMON OPEN SPACE FOR TOWNHOUSE DEVELOPMENT. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve Ordinance No. 1023 amending Section l8.76.ll0 Common Open Space for Town- house Development, and that it become effective thirty days after its passage and adoption. 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. 2047 - Provide funds for revolving fund SID 600 - Grande & Company Watermains - Figgins 4th COMMISSION RESOLUTION NO. 2047 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTH- ORIZING LOANS OR ADVANCE FROM THE REVOLVING ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. as prepared by the Law Offices of Scribner, Huss & Mulroney for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 600 in the amount of $105,000.00 was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commis- sion Resolution No. 2047 be passed and adopted. 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. I Commission Resolution No. 2048 - Provide funds for revolving fund SID 601 - Grande & Company Sanitary Sewer - Figgins 4th COMMISSION RESOLUTION NO. 2048 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTH- ORIZING LOANS OR ADVANCE FROM THE REVOLVING ACCOUNT TO THE EXTEND FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. as prepared by the Law Offices of Scribner, Huss & Mulroney for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 601 in the amount of $88,000.00 was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2048 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. Final Plat - Burrup Annexation for signature by Commission I The final plat of Burrup Annexation was presented. The plat covers a tract of land lying in the SE~, Sec. 8, SW~, Sec. 9, and NW~, & NE~, Sec 16 T2S, R6E, MPM., Gallatin County, Montana. The plat conformed generally with the Master Plat. The City Manager recommended that the plat be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the plat be " f.' .l:jJ " approved and the Mayor and Clerk of the Commission be authorized and directed to sign the plat. 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. I Lease Renewal - United Commercial Travelers, Old Elks Country Club Building - discussion regard- ing terms of lease The United Commercial Travelers of America are interested in renewing their Lease on the Old Elks Country Club building owned by the City of Bozeman. The building is located on East Curtiss Street and Golf Way. Commissioner Vandeventer felt the United Commercial Travelers had done a tremendous job. He felt they had done a lot of work that would cost the city time and materials if it maintained the building. He also felt the United Commercial Travelers of America would be willing to in- crease their rent payments by a small amount. The Commissioners will go out and view the site, and a decision will be made on Wednesday, March 7, 1979. Authorize transfer of $142,977.39 Revenue Sharing Funds - February All general fund payroll and additional general fund purchases The City Manager requested authorization to transfer $142,977.39 from the Revenue Sharing Fund account for the January general fund payroll and additional general fund pruchases. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the request to transfer $142,977.39 from the revenue sharing fund account to pay salaries and some maintenance costs for February. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Proclamations - (a) (b) Bozeman Public School - U.S. Navy Band Day March 13 Physical Education & Sports Week - March 1 - 7 -" I Mayor Sedivy proclaimed Tuesday, March 13, 1979 at U.S. Navy Band Day in the City of Bozeman. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission endorse the Mayor's proclamation. 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. Mayor Sedivy proclaimed the week of March 1 - 7, 1979 as Physical Education and Sports Week in the City of Bozeman and urged all citizens to take an active part in supporting this worthy cause. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion 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, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Bingo License Application - Hawthorne School - Very Interested Persons - March 2, 1979 The City Manager presented an application from the Hawthorne School - Very Interested Persons - along with the appropriate fee for the purpose of holding a Bingo game on March 2, 1979. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission approve the application for the Bingo License for the Hawthorne School. 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. Claims for February The payroll claims and the general claims for the month of February, 1979 were 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. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being ~L52 Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Report The City Manager commented on the annual report of the Fire Department and recommended that the Commission approve the report as presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the annual report of the Fire Department be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, and }layor Sedivy, those voting I No, none. Adjournment There being no further business at this time, it was moved by Commissioner Swanson, sec- onded by Commissioner Vandeventer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Van- deventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. ./ ~'f~~I7/ G~~ // EDMUND P. EDIVY, ... .e{ ATTEST: I I