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HomeMy WebLinkAbout1974-09-18 195 Bozeman. Montana 18 September 1974 Tl:1e Sommis,; ion ,.,f the City of Boze~,n met in regular session in the Commission Room, Municipal Eui 1 ding, 18 September 1974, at l:l~ o'clock p.m. ~"',:,sent ''le!'"e Ha;'or Seriivy, Commissioner Vollmer, Commissioner Vandeventer, Commissioner T.qyl:)r, COffi;;,is s ioner Lehrki,nd, I City Manager Fry~:llie, AssistAnt City Manager Keyes, City Atto.,.ney Berg, 3~~ the Clerk. r.ommiss1,oner Lehrkind opened the meeting with a prayer ann the following proceedings were had. Minutes of the regular meeting held on Wednesday. 11 September 1974, were approved as read. Consideration of Construction Bids - Ci ty Shop The Commission was referred to the opening of bids for the constructi_on of the Ci tv Shop Building on 11 September 1974. Following a discussion, the C.ommission concurred in the resommendation of the City Manager and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that they delay action on the consideration of the bids for another week. The motion ';I1a8 carrier! hv the following Ave and No vote: those voting Aye bein~ Connnissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner l.ehrkind, and Mayor ~edivy; those votin,p.: No, none. Hearing - Amendment to Zone Code - Nonconforming Use I This was the time and place set for a public hearing to consider a reconnnendation of the Bozeman Zoning Connnission to amend the Bozeman Area Zoning r.ode dealin!!, with nonconforming lots and uses. The Bozeman Zoning Commission, having reviewed the application, recommended approval of the following a.mendments: 1. Section 29.2 "Nonconforming Lots of Record" shall rear! - "In anv district, not withstanding other limitations imposed bv this orninance, structures permitted in said district may be erected on anv singlp lot of record on . the effective date of this ordinance. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district. Within the city limits of Rozeman, if two or more lots or combinations of lots and portions of lots ~"ith continuolls fron tn ge in sin~le ownership arE' of record at the time of adoption or amendment of this ordinance and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this ordinance." 2. Section 31.3 "Powers and Duties, Board of Adjustment" shqll read under a new item - 2.G Expansion of nonconforming uses of land and uses of structures. The Commiss ion concurred with the recommendation of the Bozeman Zoning Commiss ion and it was moved by Commissioner Vandeventer. seconded by r~mmissioner Taylor, that the amendments regarding a change in Section 29 of the Zoning Code - Nonconforming Lots, Uses and Structures I be affirmed and the Citv Attorney be instructed to draw up an ordinance amending same. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Hearing ~ Expand Nonconforming Use - Convalescent Cen ter This was the time and place set for a public hearing to consider the request of the Bozeman Convalescent Center to include nursing homes and convalescent centers in the R-3 . --. ~~._-~----- 19G District of the Bozeman Zoning Code as a permitted use. The Bozeman Convalescent Center is desirous of expanding its operation and in as much as the exp~nsion of a nonconforming use is not permitted by the Zoning Code, the application, if grAnted, would allow them this opportunity providing other requirements of the Code (1. e. parking and setbacks) could be met. Having reviewed and discussed the application, the Bozeman Zoning Connnission reconnnended dental of the petition on the ground that the expansion of the COnvalescent Center should be I considered through the variance procedure. The Commission concurred with the recommendation of the Zoning Connnission and it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they deny the appeal and refer the appellants request to the Board of Adjustment. The motion was carried by the following Aye and No vote: those voting Aye being Connnissioner Taylor, Commissi. oner Lehrkind, Commissioner Vollmer. Commissioner Vandeventer, and Mayor Sedivy; those voting No. none. Hearing - Request to Place Single Mobile Home in R-4 District This was the time and place set for a public hearing to consider a recommendation from the Zoning Commission regarding a request from Mrs. Marion M. Chapman for a conditional use permit to include mobile homes as a conditional use in the R-4 District. The Bozeman Zoning Commission having held a public hearing to consider the application of Marion C. Chapman to allow, single mobile homes as a conditional use in the R-4 Zone, unani- mously recommended denial of the application. . The Commission concurred with recommendation of the City Manager and it was moved by Connnissi. oner Lehrkind. seconded by Commissioner Vollmer, that they approve the reconnnendation I of the Bozeman Zoning Connnission and deny the appeal to place a Single Mobile Home in an R-4 District. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner tehrkind, Connnissioner Vollmer, Connnissioner Vandeventer, C'.onnni s s ioner Taylor, and Mayor Sedivy; those voting No, none. CUrb Opening Variance - Herman - 1211 Holly Drive An application from Allan p, Herman, 1211 Holly Drive, requesting a driveway variance from ten feet to twenty-three feet to allow him to park a camper and boat along side his home at 12ll Holly Drive was presented. Following a discussion, the Commission concurred with the recommendation of the City Engineer, also concurred in by the City Manager and it was moved by Commissioner Vollmer, seconded by Connnissioner Vandeventer, that the request for a thirteen foot variance be denied. The motion was carried by the following Aye and No vote: those voting Aye being Commissi.oll!r" Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner tehrkind, and Mayor Sedivy; those voting No, none. Meals on Wheels. Inc.- PrQ~ram for Delivering Meals A letter from Joyce Greenough explaining the "Meals on ~.Jheels" program and requesting I financia 1 aid from the City ')f Bozeman was presented. Several members from the incorporation were also present to explatn their program and make a plea for matching funds to help meet the expenses. FolloT,dng 0, discussion, the City Manager informed the zroup that there is a new federal statute vlhich w:Ul become effective 1 January 1975 and prr)grams of this nature might be implemented --'--_.~ 197 in the act. He further stated that there are no resources available at this time, but that the new federal statute would be pursued. Certificate of Completion and Final Acceptance: (a) SID No. 534 - Water Main Improvements, K-Mart (b) SID No. 512 - Paving, Thompsons 4th (c) SID No. 531 - Paving, Circle Drive The Certificate of the engineers of Thomas, Dean & Hoskins, Inc.. on Special Improvement I District No. 534 stating the Water Main improvements at the K-Mart Site has been completed in accordance with the terms and stipulations given in the plans and specifications for such work was presented. The City Manager concurred in the recommendation of the engineers and recommended that the project be accepted and approved by the City Commission and final payment made. This fina 1 acceptance does not relieve the contractor of the responsibility for negligence in faulty mater- ials or workmanship within the extent or period provided for by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one year period commencing upon final acceptance. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor. that as recommended the project be accepted as completed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor. Commissioner Lehrkind. Commissioner Vollmer and Mayor Sedivy; those voting No. none. The certificate of the engineers of Thomas, Dean and Hoskins, Inc., on Special Improvement District No. 512 Paving. Storm Drain and Culvert Improvements, Thompson's #4, University Subdiv- ision and University Subdivision No. 2 by Long Construction Company have been completed in accord- I ance with the terms and stipulations given in the plans and specifications for such work was presented. The City Manager concurred in the recommendation of the engineers and recommended that the project be accepted and approved by the City Commission and final payment made. This final acceptance does not relieve the contractor of the responsibility for negligence in faulty materials or workmanship within the extent or period provided by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one year period commencing upon final acceptance. It was moved by Commissioner Taylor. seconded by Comm- issioner Lehrkind, that as recommended the project be accepted as completed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind. Commissioner Vollmer. Commissioner Vandeventer and Mayor Sedivy; those voting No. none. The engineers of Thomas, Dean & Hoskins, Inc., on Special Improvement District No. 531 stating the paving and storm drain improvements on Circle Drive by Long Construction Company have been completed in accordance with the terms and stipulations given in the plans and specifications for such work was presented. The City Manager concurred in the recommendation of the engineers and recommended that the project be accepted and approved by the City Commission and final payment made. This final pay- I ment does not relieve the contractor of the responsibility for negligence in faulty materials or workmanship within the extent or period provided for by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a period of one year commencing upon final acceptance. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that as recommended the project be accepted as completed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; Those voting No. none. -~ 198 AsseSSment Resolutions: Provisional Passage, Hearing 25 September 1974 (a) Comm. Res. No. 1703 - Assess Final Assessment SID No. 512 - $497,245.80 (b) Comm. Res. No. l704 - Assess Esti. Assessment SID No. 530 - $l09,OOO.00 (c) Comm. Res. No. 1705 - Assess Final Assessment SID No. 531 - $ 50.880.03 (d) Comm. Res. No. 1706 - Assess Final Assessment SID No. 532 - $ 48.000.00 (e) Comm. Res. No. 1707 - Assess Esti. Assessment SID No. 535 - $ 80,000.00 (f) Comm. Res. No. 1708 - Assess Esti. Assessment SID No. 536 - $ 62.000.00 (g) Comm. Res. No. 1709 - Assess Esti. Assessment SID No. 537 - $ 96.000.00 (h) Comm. Res. No. 1710 - Assess Esti. Assessment SIn No. 538 - $184.000.00 Commission Resolution No. 1703 levying the final assessment for the construction of paving I and storm drains. Thompson's No.4. Subdivision and University Subdivision No.2. SID No. 512 in the total amount of $497.245.80 was presented. entitled: 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. 512 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.5l2. It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that Commiss- ion Resolution No. 1703 be provisionally passed and adopted and 25 September 1974 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 Vandeventer. Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No. none. Commission Resolution No. 1704 levying the estimated assessment for the construction and installation of paving and storm drains on North 21st Street from Beall to Durston Road, SID No. 530 in the total amount of $l09,000.00 was presented, entitled: 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. 530 IN THE CITY OF BOZEMAN, COUNTY OF I GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 530. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that Commiss- ion Resolution No. 1704 be provisionally passed and adopted and 25 September 1974 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 Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No. none. Commission Resolution No. 1705 levying the final assessment for the construction and installation of paving and storm drains on Circle Drive and a portion of Spring Creek Drive. SID No. 531 in the total amount of $50.880.03 was presented. entitled: 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. 531 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. 531. It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind, that Commission Resolution No. 1705 be provisionally passed and adopted and 25 September 1974 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 Taylor, Commissioner Lehrkind. Commissioner Vollmer, Commiss- I ioner Vandeventer and Mayor Sedivy; those voting No, none. Commission Resolution No. 1706 levying the final assessment for the construction and in- stallation of trunk water main. Remington Addition. SID No. 532 in the total amount of $48,000.00 was presented. entitled: 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. 532 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. 532. ---"'--.___.~_ ...L 199 It was moved by Commissioner Lehrkind. seconded by Commissioner Vollmer, that Commiss- ion Resolution No. 1706 be provisionally passed and adopted and 25 September 1974 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 Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Commissioner Taylor and Mayor Sedivy; those voting No. none. I Commission Resolution No. 1707 levying the estimated assessment for the construction and installation of paving and storm drains .on a portion of Hemlock Street from Fifth to Seventh Avenue. SID No. 535 in the amount of $80.000.00 was presented, entitled: 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. 535 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 535. It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that Commission Resolution No. 1707 be provisionally passed and adopted and 25 September 1974 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 Vandeventer, Commissioner Taylor. Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Commission Resolution No. 1708 levying the estimated assessment for the construction and installation of paving and storm drains on a portion of Oak Street between North Fifth and North Seventh Avenue, Westlake's Subdivision, SID No. 536 in the amount of $62,000.00 was presented, enti tIed: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING I AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPEC- IAL IMPROVEMENT DISTRICT NO. 536 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENT_DISTRICT NO. 536. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that Commission Resolution No. 1708 be provisionally passed and adopted and 25 September 1974 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 Taylor, Commissioner Lehrkind, Comm- issioner Vollmer and Mayor Sedivy; those voting No, none. Commission Resolution No. 1709 levying the estimated assessment for the construction and installation of paving and storm drains on the North two lanes of Kagy Boulevard between Seventh Avenue and Eleyenth Avenue. SID No. 537 in the amount of $96.000.00 was presented. entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEAMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 537 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. 537. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that Commission Resolution No. 1709 be provisionally passed and adopted and 25 September 1974 be set as the I date for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer. Commiss- ioner Vandeventer and Mayor Sedivy; those voting No. none. Commission Resolution No. 1710 levying the estimated assessment for the construction and installation of paving and storm drains on South Eleventh Avenue between Kagy Boulevard and West Lincoln Road, Tai Lane Addition, SID No. 538 in the amount of $184,000.00 was presented, entitled: 200 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. 538 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA. TO DEFRAY THE COST OF CONSTRUCTING AND MAK- ING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 538. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that Commission Resolution No. 1710 be provisionally passed and adopted and 25 September 1974 be set as the I date for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Comm- issioner Taylor and Mayor Sedivy; those voting NOJ none. Withdrawal of Business License - Bozeman T.V. Log The City Manager informed the Commission, that on 12 September 1974. the City License for the Bozeman T. V. Log had been suspended by Commissioners Taylor and Vandeventer due to the business being conducte~ in their opinion, in a manner detrimental to the public welfare to the Citizens of the City of Bozeman. Pursuant to the provisions of Section 3.04.120 of the Bozeman Municipal Code this item must be considered by the City Commission at this time. It was then moved by Commissioner Vollmer. seconded by Commissioner Lehrkind, that the license for the Bozeman T. V. Log be revoked. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Commissioner Vandeventer. Commissioner Taylor and Mayor Sedivy; those voting No. none. Reports: The following reports were presented: I Cashier Director of Finance The City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer. Commissioner Vande- venter and Mayor Sedivy; those voting No, none. Adi~ment There being no further ~usiness to come before the Commission at this time, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer. Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Lj ATTEST: I ion