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HomeMy WebLinkAbout1976-04-07 I .~,' , '.t OJ U, Bozeman" Mot). tCjna 7 April 197'6 . ' The Commission of the City of Bozeman met in regular session in the Commission Room, Municip~t' Building, 7 April 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, City Manager Fryslie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 31 March 1976, were approved as read. Authorization of Absence of Commissioner Taylor, 7 April 1976 Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the absence of Commissioner Taylor, from this meeting, be authorized in compliance with Section 11-3245, R.C.M., 1947, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeven- ter and Mayor Vollmer; those voting No, none. Hearing, Conditional Use - Industrial Building near Intersection of Rouse Avenue and Griffin Drive This was the time and place set for a public hearing to consider the request of Claude Wilson & Company, Inc., for a conditional use permit to erect a 9,550 square foot concrete block building on tract four of the Bozeman Industrial Park Subdivision and located approximately 500 feet west of the intersection of North Rouse Avenue and Griffin Drive and approximately 1200 feet north of Griffin Drive. The tract is located in an M-I-T Zone and the application for conditional use approval was prompted by the transitional designation of the zone. After consideration of the Planning staff report, the Zoning Commission voted unanimously to recommend approval of the conditional use to the City Commission with the following conditions: 1. That a 20' rear yard be approved, and that this area be maintained as a clean, graveled open space. 2. That signing be strictly limited to the two signs anticipated by the applicant as outlined in the Planning staff report. 3. That all required yards be landscapped as proposed by the applicant. 4. That the proposed open storage area be fenced with an 8' high solid fence. 5. 'l'Qat all required cleanup, fencing, landscaping, and paving be completed within nine months after occupancy of the bUilding. Following a thorough discussion, the Mayor declared the hearing closed, and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission concur with the recommendation of the Zoning Commission and approve the conditional use application with the condi- tions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and MayorVollmer; those voting No, none. Rearing, Amend Zone Code to Include Bars and Restaurants in M-l Zone Donald G. Frye and Douglas Lutz This was the time and place set for a public hearing to consider the request of Donald G. Frye, Jr., and Douglas R. Lutz for a zone change amendment. The amendment would amend the Bozeman Area Zoning Code to allow bars and restaurants as a conditional use in the M-l Zone of the City of Bozeman. After consideration of information supplied by the staff report, Commission, input from neighbor- hood residents and from the petitioners, the Zoning Commission voted to recommend approval of this Zone Change Amendment. The Mayor declared the hearing closed, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission concur with the Zoning Commission and amend the Bozeman Area Zoning Code to allow bars and restaurants as a conditional use in the M-l Zone, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Comm- issioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Commission Resolution No. 1783 - Intent to Create SID 562, Paving So. 23rd - College to Babcock $320,000.00, hearing 5 May 1976 Commission Resolution No. 1783, declaring the intention to create a Special Improvement District No. 562 for the purpose of paving South 23rd Avenue, Babcock to College Street, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1783 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 562 FOR TIlE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENANCES THERETO ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK STREET EACH FROM 23RD AVENUE TO SOUTH 20TIl AVENUE FROM BABCOCK STREET SOUTIl 106 FEET IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZEMAN. ,. ., \ ~: d":!t as prepared by the City Attorney was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resol- ution No. 1783 be passed and adopted and 5 May 1976, be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commiss- ioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Commission Resolution No. 1784 - Intent to Create SID 563 - Paving Lamme Street, Church to Wallace Avenue - $30,000.00 hearing 5 May 1976 Commission Resolution No. 1784, declaring the intention to create a Special Improvement District No. 563 for the purpose of paving Lamme Street from Church Avenue to Wallace Avenue as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 1784 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 563 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON EAST LAMME STREET BETWEEN CHURCH AVENUE AND WALLACE AVENUE IN THE CITY OF BOZEMAN, MONTANA. The Commission concurred with the recommendation of the City Manager, and it was moved by Comm- issioner Sedivy, seconded by Commissioner Vandeventer, that Commission Resolution No. 1784 be passed and adopted and 5 May 1976, be the date set for public hearing. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer; those voting No, none. Commission Resolution No. 1785 - Intent to Create SID 564 - Paving Cutting Street , $l~4,OOO.OO Hearing 5 May 1976. Commission Resolution No. 1785, declaring the intention to create a Special Improvement District No. 564 for the purpose of paving Cutting Street as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 1785 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 564 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT IN'iCEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO ON CUTTING STREET, IN FIGGINS ADDITION TO THE CITY OF BOZEMAN. ~ Commission concurred with the recommendation of the City Manager, and it was moved by Comm- The issioner Vandeventer, seconded by Commissioner lehrkind, that Commission Resolution No. 1785 be passed and adopted and 5 May 1976 be the date set for public hearing. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commiss- ioner Sedivy and Mayor Vollmer; those voting No, none. Commission Resolution No. 1786 - Intent to Create SID 561, Extended District - Paving 20th Avenue Hearing 5 May 1976. Koch, Olive, Dickerson Sts. - $250,000. Commission Resolution No. 1786, declaring the intention to create an extended district for Special Improvement District No. 561 for the purpose of paving 20th Avenue - Koch, Olive and Dick- erson Streets, as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 1786 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 0 F BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 561 FOR THE PUBPORSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENANCES THERETO ON SOUTH 20TH AVENUE FROM COLLEGE STREET NORTH TO 106 FEET SOUTH OF WEST BABCOCK STREET, WEST OLIVE, WEST KOCH, AND WEST DICKERSON STREETS BE'IWEEN SOUTH 19TH AVENUE AND SOUTH 20TH AVENUE AND THAT PORTION OF WEST KOCH STREET LYING BE,. TWEEN BLOCK 1 and 2 OF KIRK SUBDIVISION NO.4 TO THE CITY OF BOZEMAN. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that Commission Resolution No. 1786 be passed and adopted and 5 May 1975 be the date set for public hearing, and the ,motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vande- venter, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. ., Commission Resolution No. 1787 - Intent to Annex Northeast AnnexationJ Hear 12 May 1976 Commission Resolution No. 1787, declaring the City Commission's intention to extend the bound- aries of the said City of Bozeman so as to include approximately 260 acres and to be known as the Northeast Annexation to the City of Bozeman, entitled: COMMISSION RESOLUTION NO. 1787 A RESOLUTION DECLARING THE INTENTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO EXTEND THE BOUNDARIES OF SAID CITY TO ANNEX A CONTIG- UOUS TRACT OF LAND HEREIN DESCRIBED as prepared by the City Attorney was presented. I I I I It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Re- solution No. 1787 be passed and adopted and that the Notice in Re be published four consecutive weeks, and that 12 May 1976 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Hearing, Commission Resolution No. 1781 - Annex Summit Engineering Property During the regular meeting of the City Commission held on 10 March 1976, the Commission regular- ly passed and adopted Commission Resolution No. 1781, declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land in the Northeast 1/4 of Sec. 24, T2S, R5E, MPM to the City of Bozeman and designated as the Summit Engineering Site Annexation. This being the date for public hearing as set forth in said Commission Resolution No. 1781, 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 filed and no one app- eared to protest verbally. The Mayor declared the hearing closed, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the City Attorney be instructed to draw up a resolution to accomplish the requested extension of the City Limits. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Raffle Licenses: (Ll) Breakfast Optimist Club (b) HSU Skydivers The City Manager presented an application from the Breakfast Optimist club and an application from the MSU Skydivers along with the required fee for the purpose of holding raffles. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission approve the application for the raffle licenses for the Breakfast Optimist Club and the MSU Skydivers, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Agreement Haiving Protest to Annexation - Dwain & Lenore Sharon \.Jortman An Annexation and Utility Tie 0 Agreement providing for Dwain L & Lenore Sharon Wortman to n connect the property located south of the City of Bozeman with the existing sewer lines of the City of Bozeman at the point to which said lines have been presently extended, pursuant to the provisions and authority given by Section 11-1001, R.C.M., 1947, and as amended by the 1974 Legislative Assem- bly at their own expense, and waiving protest to future special improvementdistricts, was presented. Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Annexation Agreement for permission to connect the property be approved, waiving protest to future special improvement districts which may be created and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Request to Conduct Farmers Market in Bogert Park A letter received from Mrs. Nancy House, Chairperson for the Farmers Market, requesting per- mission to use the facilities at Bogert Park to again 'provide an attractive opportunity for the sale of locally grown garden produce and crafts, was presented. Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Vandeven- ter, that a license be granted the Farmer's Market, Inc., and that everyone connected therewith be commended on their accomplishments in 1975. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer; those voting No, none. Grant Offer - $2,475.00 - Engineering Costs on Sanitary Sewer Project Federal Sewage Works Grant C 300208-02-0 (Step 2) Engineering costs for rehabilitation of app- roximately 700 feet of 20 inch and 300 feet of 8 inch sewer line in the amount of $2,475.00, which is 75 percent of the estimated cost of the Step 2 work shown on the Grant Agreement/Amendment, was presen ted . In concurrence with the recommendation of the City Manager, it was moved by CommiBsioner Vande- venter, seconded by Commissioner Lehrkind, that the Grant Agreement/Amendment be approved as presented and that the Mayor be authorized and directed to sign the Agreement for the City of Bozeman, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. 45fj 45G Proclamations a) Library Week 4-11 April, b) Private Property Week 18-24 April, c) Flag Day 14 June Mayor Vollmer proclaimed the week of 4-11 April as "National Uibrary Week" in Bozeman and re- commended that all citizens participate in a special endeavor to Broaden the use of Library services to the end that all people may reap increased benefits and pleasure from good reading. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the proclamation as requested be endorsed, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Mayor Vollmer proclaimed the week of 18-24 April as "Private Property Week" in Bozeman and urged all fellow citizens to join with the Bozeman Board of Realtors in this observance with appro- priate and significant programs of civic betterment during this week and throughout this year. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the proclamation be endorsed as requested, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer; those voting No, none. In concurrence with the request of the National Catholic Society of Foresters, Holy Rosary Court 411036 of Bozeman, Mayor Vollmer proclaimed 14 June as "Bicentennial Flag Day" in the City of Bozeman urged the residents of Bozeman t6 display the American, State and Bicentennial Flags to help make this a date to remember. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commiss- ion concur in the Mayor's proclamation, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Reports The following reports were presented: Fire Chief Police Chief Building Official The 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 Commission accept the reports and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Claims Claim No's 23005 to 23196 and 6061 thru 6264 inclusive were presented. Cemetery $ 1,637.69 SID's $ 13,778.29 Garbage 4,779.30 Street 7,602.64 General 33,703.74 Water 12,850.74 Library 1,903.26 Driver Education 1,849.40 Park 15,979.83 Library Federation 3,016.05 Parking Meter 243.50 Lindley Park 12,039.10 Planning Board 311.11 Recreation Compo 36.69 Police Reserve 34,000.00 Store 746.20 SDS 4,732.85 Total $149,210.39 The 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 warrants in payment. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the claims be approved as presented, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer; those voting No, none. Adiournment There being no further business to come before the commission at this time, it was moved by Commissioner Vandeventer. seconded by Commissio1er Lehrkind, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer. Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. \ '---, / ) '. '/) \, ~ ! ~ ~.-., ,U :'. , /~ ( /' / ~ j 6:( ( {c l______ \::,!" JAMES W. VOLLMER, Mayor ATTEST: o // (-:_"""/ ./ ' (._~n-<<../ /' /~<:c."1d4"" ~_ ERNA V. HA:(mING, __~ Clerk of the City Commission I I I