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HomeMy WebLinkAbout1976-11-03 ,.,94 Bozeman, Montana 3 November 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 30 November 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Acting City Manager Wolf, City Attorney Berg, and the Acting Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 27 October 1976, were approved as read. Designating Joseph Wolf as Acting City Manager It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Assistant City Manager Wolf be designated Acting City Manager during this time. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Bond Sale - SID 566 - $21,000 - Sam Kaisler - 7.8% The Acting City Manager announced that this was the time and place set for the continuation of the bond sale for Special Improvement District No. 566 in the amount of $21,000.00. Sam Kaisler, having presented his good faith check in the amount of $2,100.00 and being the only bidder, bid 7.8% as the lowest effective interest rate accruing to the City of Bozeman. Upon the Acting City Manager's recommendation, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the sale of the bonds for Special Improvement District No. 566 be awarded to Sam Kaisler, Bozeman, at 7.8% and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Hearing - a) b) c) Zone Code Amendments: Life of Montana - PL1 to R-O Dahl Funeral Home - R-Z to B-2 Bozeman Industrial - Removal of "T" Designation a) This was the time and place set for a public hearing to consider the request of Life of Montana Insurance Company for a zone change from PLl to R-O to construct their professional offices and accessory facilities. The tract is located on Haggerty Lane just east of the softball complex. Upon the City Attorney's recommendation, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the hearing be continued pending approval of HUD for the proposed land exchange between the City of Bozeman and Life of Montana, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. b) This was the time and place set for a public hearing to consider the request of Dahl Funeral Home for a zone change from R-2 to B-2 to build a funeral chapel on the northeast corner of Cypress and Babcock, immediately south of the Mountain View Motel. Messrs. Eldon and Bernard Dahl made a presentation before the Commission, along with a petition of 26 signatures, in favor of their building a funeral chapel. After much discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Dahl's request be sent back to the Zoning Commission based on new evidence and be brought back to the City Commission as soon as possible, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, and Commissioner Vandeventer, those voting No being Mayor Vollmer; those abstaining be Commissioner Taylor. c) This was the time and place set for a public hearing to consider the request of Mr. Everett Egbert to remove the "T" designation from the Bozeman Industrial Park which is located on Griffin Drive. The Planning Staff and Zoning Commission denied the request of Mr. Egbert, but the Acting City Manager concurred in the recommendation of the former City Manager that the "T" designation be removed. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, to keep the "T" designation as recommended by the Zoning Commission, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Sedivy, and Mayor Vollmer; those voting No being Commissioner Lehrkind; those abstaining being Commissioner Vandeventer. Hearing - Assessments for 1976: a) Resolution No. 1829 - Assessing Street Lighting - $ 22,043.12 b) Resolution No. 1830 - Assessing Street Sprink1ing- 8,568.02 c) Resolution No. 1831 - Assessing Solid Waste Collection and Disposal 169,499.96 a) This was the time and place set for public hearing on levying the final assessment for the various lighting districts for the year 1976 in the total amount of $22,043.12. Affidavit of publication of 1 1 1 I 1 1 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 Lehrkind, that Commission Resolution No. 1829 provisionally passed and adopted on 27 October 1976 be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. b) This was the time and place set for public hearing on levying the final assessment for street sprinkling and cleaning for the year 1976 in the total amount of $8,568.02. 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 Lehrkind. seconded by Commissioner Sedivy. that Commissioner Resolution No. 1830 provisionally passed and adopted on 27 October 1976 be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. c) This was the time and place set for public hearing on levying the final assessment for levying the Solid Waste Collection and Disposal Assessment in the amount of $169,499.96. 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 Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1831 provisionally passed and adopted on 27 October 1976 be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor. Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Assess SID 555 - Sanitary Sewer - Figgins Addition - $36,866.65 COMMISSION RESOLUTION NO. 1834 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 555 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 555. levying the final assessment for the construction and installation of a sanitary sewer trunk line in Figgin's Addition. SID No. 555 in the amount of $36,866.65, was presented. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Commission Resolution No. 1834 be provisionally passed and adopted and Wednesday, 10 November 1976, be the date set for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Assess SID 557 - Sanitary Sewer - Bozeman Annexation - $18,400.88 COMMISSION RESOLUTION NO. 1835 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 557 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 557. , levying the final assessment for the construction and installation of a sanitary sewer line in Bozeman Creek Annexation, SID No. 557 in the amount of $18,400.88, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind. that Commission Resolution No. 1835 be provisionally passed and adopted and Wednesday, 10 November 1976. be the date set for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Resolution No. 1836 - Setting Maturity Date and Interest - SID 567 COMMISSION RESOLUTION NO. 1836 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHORIZING LOANS OR ADVANCES FROM THE REVOLVING FUND TO MAKE GOOD ANY DEFICIENCY IN PRINCIPAL AND INTEREST 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 for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 567 in the amount of $100,000.00 was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolu- tion No. 1836 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. 95 9() Reports: Director of Public Service Police Chief Fire Chief Building Inspector The Acting City Manager commented on the following reports: Director of Public Service Police Chief and recommended they be accepted and ordered filed. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the reports be Fire Chief Building Inspector accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Resolution No. 1837 - Setting Maturity Date and Interest - SID 569 COMMISSION RESOLUTION NO. 1837 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHORIZING LOANS OR ADVANCES FROM THE REVOLVING FUND TO MAKE GOOD ANY DEFICIENCY IN PRINCIPAL AND INTEREST 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. 1 as prepared by the Law Offices of Scribner & Huss for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 569 in the amount of $86,000.00 was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1837 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, and Mayor Vollmer; those voting No, none. Call for Bids - Watermains at Veterinary Research Lab - SIn 571 The Acting City Manager recommended that plans and specifications for the construction and installation of watermains at the Center for Veterinary Research as prepared by Thomas, Dean & Hoskins, Inc., be approved, and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction thereof. Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the plans and specifications as presented be approved and that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Special Improvement District No. 571 with an opening date of 24 November and to advertise for bids for the sale of bonds for Special Improvement District No. 571 in the amount of $32,000.00 to be received on 1 December 1976. The motion was carried by the following Aye and No I vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Application for Gambling License - Phi Upsilon Umicron - Raffle The Acting City Manager presented an application from Phi Upsilon Umicron, along with the required fee, for a raffle license. Upon recommendation of the Acting City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission approve the application for a raffle license for Phi Upsilon Umicron, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind,' Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. -.--\. ~,__ //)2~ ---'(]prnS...... W . // Cv. -X ~e ?-" ,'c- c/- VOLLMER, Mayor I ATTEST: /cV~-<-~ /~P~$ DIANE KRUPINSKY Acting Clerk of the City Commission