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Home My WebLink About1976-12-08 ~t12 Bozeman, Montana 8 December 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 8 December 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commis- sioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commississioner Sedivy opened the meeting with a prayer and the following pro- ceedings were had. I Mayor Vollmer welcomed the New City Manager and wished him every success in his new venture. Minutes of the regular meeting held on Wednesday, 1 December 1976, were approved as read. Hearing - Zone Map Amendment: a) South Willson Ave. Improvement Assn. R-4 to R-2 This was the time and place set. for a public hearing to consider the request of the South Willson Street Improvement Association for a zone change from R-3 & R-4 to R-2 the El/2 of Block H in the Aldersons Addition, the Wl/2 of Block 1 and the El/2 of Block 2 in the Fairview Addition and the Wl/2 of Block 3 in the Butte Addition. Said land being located in the 300 and 400 block of South Willson Avenue and the 800 Block of South Grand Avenue in the City of Bozeman, Montana. The Zoning Commission, after consideration of the Planning Staff's report, unanimously recommended approval of the zone change request. Upon the Acting City Manager's recommendation, it was moved by Commissioner I Lehrkind, seconded by Commissioner Sedivy, that the Commission concur with the Zoning Commission's recommendation and approve the zone change request, and the motion was carried by the following Aye and No vote: t~ose voting Aye being Commissioner Lehr kind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Hearing - Zone Code Amendments: a) Conditional Use Prpced~re b) Efficiency Units ...~~ a) This was the time and place set for a pul:>li-c hearin.gto consider the Zone Code Amendment to process a Conditional Use permit application. The Zoning staff finds itself limited as to what it can actually request in the way of information and specific site plans from applicants to adequately review Conditional Use applications. Following a discussion, the Commission concurred in the recommendation of the Acting City Manager and it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission continue action on the proposed zone code amendment to the Conditional Use Procedure until the Commission has adequate time to review the Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those I proposed amendment to the Conditional Use Procedure. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner voting No, none. b) This was the time and place set for a public hearing to consider the request from the Bozeman City County Planning staff to amend Section 2.57 (Unit Efficiency) and Sections 9.4, 10.4 and 11.4 (Floor Area Requirements) of R3, R4, and RS ZONING DIS- TRICTS of the Bozeman Zoning Ordinance. I I I '.113 Having considered the Planning Staff's report, the Zoning Commission voted unanimously to recommend approval of the zone code amendment to read as follows: 2.57 UNIT, EFFICIENCY An efficiency unit is an apartment unit with unseparated area for sleeping and/or cooking with a floor area of at least 450 square feet. 9.4 LOT COVERAGE AND FLOOR AREA Not more than 40 percent of the lot shall be occupied by the principal and accessory buildings, Each dwelling unit shall have a minimum of 750 square feet of floor area* 10.4 LOT COVERAGE AND FLOOR AREA Not more than 40 percent of the lot area shall be occupied by the princi- pal and accessory buildings. Each dwelling unit shall have a minimum of 750 square feet of floor area in its living quarters.* 11.4 LOT COVERAGE AND FLOOR AREA Not more than 40 percent of the lot shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of 600 square feet of floor area in its living quarters.* * Efficiency unit excepted Upon the Acting City Manager's recommendation, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission concur with the Zoning Commission's recommendation and approve the zone change request. 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. Ordinance No. 980 - Amend Going Out of Business Sale Ordinance Ordinance No. 980 amending Section 3.60.100 License-Issuance and Section 3.60-110 License-Period and repealing Section 3.60-120 of the Bozeman Municipal Code and amend- ing Chapter 3.60 of the Bozeman Municipal Code entitled Going Out of Business Sales to include Section 3.60.190 Violation-Prosecution was presented. ORDINANCE NO. 980 ORDINANCE AMENDING SECTIONS 3.60.100 AND SECTION 3.60.110 REPEALING SECTION 3.60.120 AND ENACTING SECTION 3.60.190 OF THE BOZEMAN MUNICIPAL CODE, RELATING TO GOING OUT OF BUSINESS SALES. It was moved by C~mmissioner Vandeventer, seconded by Commissioner Lehrkind, that Ordinance No. 980 amending Going Out of Business Ordinance No. 944 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commis- sioner Taylor, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1842 - SID No. 568 - Fixing Maturity Date - Water Constr. Figgins Phase II The Acting City Manager presented Commission Resolution No. 1842 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 568, entitled: COMMISSION RESOLUTION NO. 1842 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 568. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1842 be passed and adopted and the motion was carried by tt4 the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Com- missioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1843 - SID No. 571 - Fixing Maturity Date - Watermains MSU 19th and Lincoln The Acting City Manager presented Commission Resolution No. 1843 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 571, entitled: COMMISSION RESOLUTION NO. 1843 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 571 It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1843 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Comrnis- sioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1844 - SID No. 561 - Fixing Maturity Date - Paving 20th Koch, Olive & Dickerson The Acting City Manager presented Commission Resolution No. 1844 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 561, entitled: COMMISSION RESOLUTION NO. 1844 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 561. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Commission Resolution No. 1844 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis- sioner Vandeventer, Commissioner Lehrkind, Commissmaner Sedivy, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1845 - Setting Revolving Fund - Paving 20th Avenue, Koch, Olive & Dickerson - SID No. 561 COMMISSION RESOLUTION NO. 1845 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 EXTENW FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1845 be passed and adopted, 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. Commission Resolution No. 1846 - SID No. 562 - Paving 23rd Ave. - College to Babcock Fixing Maturity Date The Acting City Manager presented Commission Resolution No. 1846 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 562, entitled: I I I I I I COMMISSION RESOLUTION NO. 1846 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 562. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1846 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. Commission Resolution No. 1847 - Setting Revolving Fund SID No. 562 - paving 23rd Ave. College to Babcock COMMISSION RESOLUTION NO. 1847 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 EXTENID FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. Upon recommendation of the Acting City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1847 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. commission Resolution No. 1848 - SID No. 570 - Fixing Maturity Date - Paving Figgins Phase II COMMISSION RESOLUTION NO. 1848 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 570. The Acting City Manager presented Commission Resolution No. 1848 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 570. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Commission Resolution No. 1848 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis- sioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1849 - Setting Revolving Fund SID No. 570 - Paving Figgins Phase II COMMISSION RESOLUTION NO. 1849 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 DE~ICIENCY 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 Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1849 be passed and adopted, and the motion was carried by.tbe following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. 115 "'tlG commission Resolution No. 1850 - Declaring Delinquent Taxes~City Specials-'$1-58,382.5l:t Commission Resolution No. 1850 certifying delinquent taxes in the amount of $158,382.58 plus penalty of $3,167.65 to the Gallatin County Treasurer was presented. COMMISSION RESOLUTION NO. 1850 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESS- MENTS, DUE AND PAYABLE 30 NOVEMBER 1976, AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1976, AND UNPAID, DELINQUENT, AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 11-2233, POLITICAL CODE, R.C.M., 1947. Upon recommendation of the Acting City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the resolution 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 Vollme+; those voting No, none. Abatement of Special Assessments for 1976 - $395.00 The following applications for tax abatements in the amount of $395.00 was presented: NOTICE NAME LOT BLOCK ADDITION AMOUNT TYPE "379 S. M. Burgard & M. L. Stanhope N. 25>ft. 1-5 I Orig. Plat Garbage $28.00 575 Color World of MT 30 ft. S~ of N. I Orig. Plat 25 ft. 1 to 5 Garbage Landfill 28.00 89.50 890 Robert O. Evans 42, 43, and 44 7 Fairview Garbage 2.24 994 Michael Kvasnick Imes Garbage 22 and S. ~ of 23 42 25.20 17.95 1265 N. 30 ft. of II Tract 5 Beall's 1st Garbage C. T. & D. Hartgrave 1520 Hoffman's 2.80 Garbage Robert Johnston 18 and 19 G 1583 Kenyon Noble Lbr. Co. 13 to 18 & North G !f of 19 Orig. Plat 33.60 Garbage 1894 H. W. Menzel 21 and 22 11 Butte 15.15 Garbage 12.80 . Garbage 1987 Perry Moore & S. 28 ft. of 22-23 D Robert Rice W!f of 24 Tracy's 1st 2087 P. A. McIntosh South !f 9, all 10 45 22.40 Garbage Northern Pacific 2653 C. M. Silverthorn 9 and 10 4 Cap Hill 11.48 Garbage 12.60 Garbage 2822 Frances Swartz 4 22 West Side- Glendale West Park 30.80 Garbage 2930 Irl O. Sievert 5, 6, 7 & N. 7' of 9 of 8 Mrs. E. (Sadie)Welton 29 and 30 7 16.31 Garbage Beall's 3rd 3115 3351 W. J. & B. Purus 21 1 Figgins 30.00 Garbage 16.80 TOTAL $395.63 upon concurrence of the Acting City Manager's recommendation, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the applications for the tax abatements 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 Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. I I I I I I .117 Applications for Gambling Licenses: T. J. Lounge - Gambling License Montana Gold Dust - Transfer Address of Gambling License The Acting City Managerpresented an application from T. J. Lounge, along with the required fee for a gambling license. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Acting City Manager and approve the application for the issuance' of the gambling license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis- sioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. The Acting City Manager presented an application from the Montana Gold Dust to transfer the license to the Rocking R. Card Room. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the application to transfer the license from the Montana Gold Dust to the Rocking R. Card Room be approved. The motion was carried by the following Aye and No votes: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voti~g No, none. Reports The following reports were presented: Fire Chief Police Court Building Inspector The Acting City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the reports be accepted and ordered filed, 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. Documents - Step 3 for Sanitary Sewer for Signature The U.S. Environmental Protection Agency Grant Agreement/Amendment for Construc- tion XStep 3) covering rehabilitation of approximately 700 feet of 20 inch and 300 feet of 8 inch sewer line in the amount of $25,875.00 was presented. The decrease in the grant was necessitated by the decrease in eligible project costs shown on the revised application, dated 8 November 1976. Following a discussion and in concurrence with the recommendation of the Acting City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the amended Grant Agreement be signed by the Mayor and returned to the U.S. Environmental Protection Agency through the Montana State Department of Health and Environmental Sciences. 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. Claims Claim~No. 24646 thru 24846 and 7972 thru 8171 inclusive were presented as follows "'11:8 Cemetery Garbage General Library Park Parking Meter Planning Board SDS SID's Street Water $ 3,396.89 3,238.23 25,642.33 1,025.93 9,901.56 156.37 778.20 4,251.55 76,824.21 9,927.67 4,750.02 Federation Store BOR Beall BOR Bogert HUD Grant B.V. Federation Park Trust Printing Service Supplies Walks & Curbs 76 $ 1,185.79 7,924.62 1,700.00 57i;033.83 709.12 100.70 25.00 28.80 206.72 85.05 TOTAL $211,892.59 The Acting City Manager 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 Taylor, seconded by Commissioner Vandeventer, that the claims be approved 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. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the meeting be adjourned 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. C4" ~.~~._.J . w. VOLLMER, ayor ATTEST: I I I