HomeMy WebLinkAbout1977-10-26
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Bozeman, Montana
26 October 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, October 26, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City
Attorney Berg and the Clerk.
I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular
meeting held October 19, 1977, were approved as submitted.
Public Hearing - Commission Resolution No. 1906, Intent to Annex American Legion Tract in SW~, Sec.
1, T2S, R5E, containing 3.388 acres.
Commission Resolution No. 1919 Annexing American Legion Tract
During the regular meeting of the City Commission held on September 28, 1977 , the Commission
regularly passed and adopted Commission Resolution No. 1906 declaring its intention to extend the
boundaries of the City of Bozeman so as to include a 3.388 acre parcel located in the southwest
quarter of Section 1, T2S, R5E, MPM to the City of Bozeman as shown on Certificate of Survey No. 398
and designated as the American Legion Tract.
This being the date for public hearing as set forth in said Commission Resolution No. 1906,
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 and no one
appeared to protest verbally.
Several persons were present to inquire about the location, the size of the building and to
whether this housing would be available to persons other than senior citizens.
Legion representative Jack Huber said the Department of Housing and Urban Development required
the developer of the project to ask for tax exempt status. He further stated that if the status
was denied by the state, the Legion would have to get HUD permission to raise rents.
The Mayor declared the hearing closed and upon the City Manager's recommendation, it was moved
by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1919 as
I prepared by the City Attorney annexing a tract of land designated as the American Legion Tract and
containing 3.388 acres be passed and adopted. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer
and Mayor Sedivy; those voting No being Commissioner Swanson.
Decision regarding - Conditional Use Permit: Ken LeClair - Planned Unit Development - Construction
of 64 rental units on 5.08 acre tract of land between West Koch and West Olive Streets, west of and
adjacent to Richard's Subdivision.
The decision on the request of Ken LeClair to allow construction of 64 rental units (which in
the future could be converted to condominiums or townhouses) on a 5.08 acre tract of land which lies
between West Koch and West Olive Streets extended, and is west of and adjacent to the Richard's
Subdivision was again brought before the Commission.
Mr. LeClair was present to answer any questions that might arise.
The Zoning commission having reviewed the Plannings staff's report recommended approval of the
LeClair West Planned Unit Development with the following conditions attached:
1. The site plan, as submitted, govern all development oni.the site.
2. Drainage shall be subject to the approval of the City engineer.
3. The final landscaping plan shall be submitted to and approved by the Planning staff.
4. Signing to be limited to two project indentification signs (maximum of 16 square
feet each) located along West Olive and West Koch Streets.
5. The two trash locations as indicated in this report, be rearranged subject to the
Planning staff review.
6. A final phasing and improvement agreement will be submitted for staff review and
approval prior to the issuance of any building permits.
The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner
Swanson, seconded by Commissioner Vandeventer, that the Commission approve the conditional use permit
I with the above conditions. 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.
The City Manager suggested that perhaps an Architectural Design Review Board be created to aid
the City Manager and the City Commission in regard to future developments. He was instructed to
investigate the possibility of such a board and report back to the City Commission.
Consider Amendment - Business License Discount Provision (Ordinance No. 637)
Having delayed action on amending Chapter 3, Section 3.04.150 relating to the terms of license
fees payable in advance-half year fee for a period of one week for further study, it was again presented.
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Following discussion, the City Manager recommended deleting the discount and charging the
regular fee for all business license.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance
No. 997, entitled
AN ORDINANCE AMENDING SECTION 3.04.150 OF THE BOZEMAN MUNICIPAL CODE
RELATING TO BUSINESS REGULATIONS AND LICENSING.
amending Chapter 3, Section 3.04.150 as recommended by the City Manager be passed and adopted. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, I
Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting
No, none.
Commission Resolutions endorsing applications for B.O.R. Funds
(a) Commission Resolution No. 1920 - Lindley Park (Additional project)
(b) Commission Resolution No. 1921 - Bogert Park (Additional project)
(c) Commission Resolution No. 1922 - Cooper Park (New project)
(a) Commission Resolution No. 1920 authorizing application for land and water conservation
fund assistance from the Bureau of Outdoor Recreation in the amount of 50% of the actual cost of the
project to install curbs and gutters at Lindley Park was presented.
Commission Resolution No. 1920
COMMISSION RESOLUTION AUTHORIZING APPLICATION FOR LAND AND
WATER CONSERVATION FUND ASSISTANCE TO INSTALL CURB AND GUTTERS
LINDLEY PARK PROJECT NO. 30-00331
Following discussion, the Commission concurred in the recommendation of the City Manager and
it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission endorse
the Application for B.O.R. funds for the purpose of installing curbs and gutters at Lindley Park
Project No. 30-00331 at 50% of the actual cost. 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.
(b) Commission Resolution No. 1921 authorizing application for land and water conservation
fund assistance from the Bureau of Outdoor Recreation in the amount of 50% of the actual cost for
the purpose of installing restrooms and storage area to finalize the Bogert Park Project No. 30- I
00333 was presented.
Commission Resolution No. 1921
COMMISSION RESOLUTION AUTHORIZING APPILICATION FOR
LAND AND WATER CONSERVATION FUND ASSISTANCE TO IN-
STALL RESTROOMS AND STORAGE AREA TO FINALIZE BOGERT
PARK PROJECT NO. 30-00333
Following discussion, the Commission concurred in the recommendation of the City Manager, and
it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission endorse
the application for B.O.R. funds as stated above and 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.
(c) Commission Resolution No. 1922 authorizing application for land and water conservation
fund assistance from the Bureau of Outdoor Recreation in the amount of 50% of the actual cost of
installing restrooms, storage area and additional lighting at Cooper Park Project (new) was presented.
Commission Resolution No. 1922
COMMISSION RESOLUTION AUTHORIZING APPLICATION FOR LAND AND
WATER CONSERVATION FUND ASSISTANCE TO INSTALL RESTROOMS,
STORAGE AREA AND ADDITIONAL LIGHTING AT COOPER PARK.
The Commission concurred in the recommendation of the City Manager, and it was moved by
Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission endorse the appli-
cation for the B.O.R. funds as stated above and 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. I
Presentation by HUD Representative: Section 312 Rehabilitation Loan Program
Mr. Walt Murrell, representative from HUD's Denver Regional Office appeared before the Comm-
ission to give a depth presentation on Section 312 Rehabilitation Loan Program. Mr. Murrell explained
the program thoroughly. He felt it was a worthwhile program and would help beautiful the community.
The Commission thanked Mr. Murrell for his presentation of Section 312 Rehabilitation Loan Program.
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Commission Resolution No. 1913, Est. Assessment SID No. 566, Hearing Nov. 2, 1977 - $21,000.00
COMMISSION RESOLUTION NO. 1913
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. 566 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 566.
I levying the estimated assessment for the paving of Remington Addition, SID No. 566 in the
amount of $21,000.00 was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission
Resolution No. 1913 be provisionally passed and adopted and November 2, 1977, be set as the date
for public hearing and 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. 1914, Est. Assessment SID No. 567, Hearing Nov. 2, 1977 - $100,000.00
COMMISSION RESOLUTION NO. 1914
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. 567 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 567.
levying the estimated assessment for construction and installation of sanitary sewer lateral mains
in Figgin's Addition, Phase II, SID No. 567 in the amount of $100,000.00 was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Res-
olution No. 1914 be provisionally passed and adopted and November 2, 1977, be set as the date for
public hearing and 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.
Commission Resolution No. 1915, Est. Assessment SID No. 568, Hearing Nov. 2, 1977 - $96,000.00
I COMMISSION RESOLUTION NO. 1915
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. 568 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 568.
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levying the estimated assessment for construction and installation of watermains in Figgin's Addition,
SID 568 in the amount of $96,000.00 was presented.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that: Commission Res-
olution No. 1915 be provisionally passed and adopted and November 2, 1977, be set as the date for
public hearing and 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.
Commission Resolution No. 1916, Est. Assessment SID 569, Hearing Nov. 2, 1977 - $86,000.00
COMMISSION RESOLUTION NO. 1916
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. 569 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 569.
levying the estimated assessment for construction and installation of watermains and sanitary sewer
mains in Summit Engineering Annexation, SID No. 569 in the amount of $86,000.00 was presented.
I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission
Resolution No. 1916 be provisionally passed and adopted and NOvember 2, 1977, be set as the date for
public hearing and 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. 1917, Est. Assessment SID 570, Hearing Nov. 2, 1977 - $320,000.00
COMMISSION RESOLUTION NO. 1917
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. 570 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING IMPROVEMENTS WITHIN SAID SPECIAL
IMPROVEMENT DISTRICT NO. 570.
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levying the estimated assessment for construction and installation of pavement in the Figgin's
Addition, Phase II, SID 570 in the amount of $320,000.00 was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission
Resolution No. 1917 be provisionally passed and adopted and November 2, 1977, be set as the date
for public hearing and 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. 1918, Est. Assessment SID No. 571, Hearing Nov. 2, 1977 - $$32,000.00
COMMISSION RESOLUTION NO. 1918
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. 571 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 571
levying the estimated assessment for construction and installation of lateral watermains at MSU
19th to Lincoln in the amount of $32,000.00 was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Res-
olution No. 1918 be provisionally passed and adopted and November 2, 1977, be set as the date for
public hearing and 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.
Determination of Site for proposed Commission Luncheons
The following sites were proposed for the Commission Luncheons:
1. Holiday Inn 2. Ramada Inn 3. Topper - Upstairs 4. Baxter - Baucus
Following a brief discussion, it was moved by Commissioner MacNab, seconded by Commissioner
Vollmer, that the Topper be designated as the site for holding the noon luncheons which will be no
host and open to the public. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy.
Commissioner Vollmer abstained. I
Wood Sign Variance - 240 East Main Street - Ski Surgeon & Mountain Flowers
A request from Timothy Harkins of the Ski Surgeon & Mountain Flowers, 240 East Main Street for
a sign code variance to place a 30" X 48" double faced wood sign over the sidewalk was presented.
Following discussion, the Commission concurred with the recommendation of the City Manager,
and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission grant
the request for a sign variance at 240 East Main Street. The motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vollmer, ~mmissioner Swanson, Commissioner Vandeven-
ter, Cimmissioner MacNab and Mayor Sedivy; those voting No, none.
Application for Raffle License - Gallatin Association for Retarded Children
The City Manager presented an application from the Gallatin Association for Retarded Children,
along with the required fee, for the purpose of holding a raffle on December 15, 1977 .
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission
approve the application for the raffle license for the Gallatin Association for Retarded Children. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Comm-
issioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none.
Call for Bids - Sewer Rehabilitation - Opening November 16, 1977
The City Manager recommended that plans and specifications for the construction of Sewer Rehab-
ilitation including sealing of 21,000 L. F. of Sanitary Sewer, replacement of sanitary sewer pipe, repair
209 sewer service connections at the main, repairing broken pipe sections and repairing 1 manhole, and
other appurtenances thereto as prepared by Thomas, Dean & Hoskins, Inc., be authorized, and the Clerk of
the Commission be authorized and directed to publish a "Call for Bids" for the construction thereof. I
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the plans and
specifications be approved as submitted, and the Clerk of the Commission be authorized and directed to
publish a "Call for Bids" with an opening date of November 16, 1977 . The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Comm-
issioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none.
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Adjournment
There being no further business to come before the Commission at this time, 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, Comm-
issioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none.
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Erna V. Harding, c .
Clerk of the City Commission
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