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HomeMy WebLinkAbout1976-08-04 26 Bozeman, Montana 4 August 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 4 August 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 Vandeventer opened the meeting with a prayer and the following proceedings were had. . Minutes of the regular meeting held on Wednesday, 28 July 1976, were approved as read. Authorize Absence of Commissioner Taylor, 4 and 11 August Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the absence of Commissioner Taylor, from the meetings of 4 and 11 August 1976, be authorized in compliance with Section 11-3245, R.C.M., 1947. 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. Open Bids - Gasoline Supply This was the time and place set for opening bids for the purchase of 24,000 gallons regular gasoline. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commis- sioner Lehrkind, and Mayor Vollmer; those voting No, none. The following bids were then opened and read: Continental Oil Company Pete's Husky Mike Powers Exxon Story Distributing .5075 .4675 .4718 .4500 The bids were referred to the Assistant City Manager for tabulation and a recommendation. Open Bids - 4500 Tons Aggregate Material This was the time and place set for opening bids for the furnishing of crushed aggregate material in the amount of 4,500 tons. Affidavit of publication of "Notice to the Bidders" was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the bids Diled with the Clerk of the Commission be opened and read 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. The following bids were then opened and read: Bozeman Sand & Gravel Figgins & Son Pioneer Ready Mix $11,450.00 12,375.00 11,700.00 The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the bids be referred to the engineering staff for their study and final recommendation on I I I I I I 27 Wednesday, 11 August 1976. 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 - John Lee, Zone Change - R-5 to M-l The request from Mr. John Lee, to consider a recommendation from the Zoning Commission to change the zone classification from R-5 (Residential-High Density) to M-l (Commercial-Light Manufacturing) of a building located at 125 North Wallace Avenue was called for hearing. The building was formerly occupied by Mannix Electric and is presently occupied by Gus & Jack's Tire, both of which are non- conforming uses in the R-5 Zone. The Zoning Commission, after consideration of the Planning staff's report, voted unanimously to recommend approval of the zone change request with the follow- ing recommendations considered: 1) The existing building is a viable structure and in the staff's opinion will not nor should it be phased out of existence by it being zoned R-5 or non-conforming. 2) The building was an existing conforming use prior to the adoption of the present zoning ordiaance and in the staff's opinion, reflects an oversite or misuake in the adoption of the present zoning classification. 3) The rezoning of the building to M-l should not have any further detrimental effect on the surrounding residential neighborhood. 4) The applicant has indicated that adjacent neighbors have been contacted and have indicated no opposition to the rezoning. Following discussion, the Mayor declared the hearing closed and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission approve the zone classification changes on the building occupied by Gus & Jack's Tire and located at 125 North Wallace Avenue. 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. Hearing - M. J. Klabunde - Zone Change - RO to B-2 This was the time and place set for a public hearing to consider the request of Mr. Maurice Klabunde, for a zone change from R-O (Residential Office) to B-2 (Highway Commercial) of a 3.9 acre parcel of land located at the western edge of Bozeman in the triangle annexation, bounded on the north and west by US 191 West Main, and on the oouth by West College. The hearing was canceled at the request of Mr. Klabunde. Hearing - 1976-1977 City Budget This was the time and place set for public hearing of the 1976-1977 Budget. Affidavit of publication of Notice of Hearing was presented. Mr. Scully, Deputy County Attorney, was present and explained that in his estimate the detective force is understaffed. There being no further discussion, the Mayor declared the hearing closed and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that a special meeting be called for Monday, 9 August 1976, at 7:30 o'clock p.m~ at which time the mill levy will be set. The motion was carried by the following Aye "'2'8 and No vote: those voting Aye being commissioner Vandeventer, conunissioner Lehrkind, Commissioner Sedivy, and Ma';{or Vollmer; those voting No, none. Hearing - Zone Changes- R-Oto B-2 and B-2 to H-O- CitY-Cou'n'ty Planning Staff and Maurlce Klabunde This was the time and place set for a public hearing to consider the request of the City-County Planning staff for a zone change from R-Q to B-2 and from B-2 to R-Q a por'tion of the 'east. area of Lot 1 and portions of Lots 3, 4, 5, 6, and 7 of the Triangle Area Annexation to the City of Bozeman. Following discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that action be continued for a period of two weeks for further study. 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. S~n Code Variance Request - Cook Bell Real Estate A letter received from Gene Cook of Cook-Bell Real Estate requesting authoriza- tion to place a permanent sign in front of their business located at 611 West Main Street was presented. The 4' x 4' redwood sign would stand 8' tall and will be placed approximately five feet in front of the east side of the building and the signs for the A-Cute Beauty Salon and Western Appliance and additional signs will hange directly below the Cook-Bell sign. Following discussion, the Commission concurred in the recommendation of the Building Inspector and the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the request for the sign code variance be granted 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. Parkway Easement Deeds: (a) Sourdough properties (b) Mr. & Mrs. Eugene Graf, Jr. An Easement Deed where~y the Valley View Country Club granted unto the City of Bozeman a fifteen foot strip of land lying in the West Half of Section 19, T2S, R6E, and containing approximately 0.25 acres for the purpose of a parkway and an Easement Deed whereby Eugene and Genevieve S. Graf and Anna Mae Figgins grant unto the City of Bozeman a strip of land located in the Southwest Corner of Section 19, T2S, R6E and containing approximately 2.64 acres and a tract of land located in the Southwest Quarter of Section 19, T2S, R6E and containing approximately 3.32 acres for the purpose of a parkway was presented. The Commission concur~ed in the recommendation of the City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Parkway Easement Deeds be accepted as presented. 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. I I I I I I :29 Easemen,!: for SanitaEY Se'fsc'7 Burlington Northern Railroa<! An Agreement between Burlington Northern Inc., and The City of Bozeman for the purpose of excavating, constructing, maintaining and operating a l2-inch sewer line . ~ . _~ ,I undercrossing and 680 feet encroachment located at survey station 7484 plus 06.2 - Mile Post 141 plus 3906 feet was presented. The City of Bozeman will pay unto the Burlington Northern Inc., a sum of One Hundred Ten Dollars ($110.00) for the first year and Sixty Dollars ($60.00) for each year thereafter that the permit remains in effect, also all taxes and assessments that may be levied or assessed against this facility. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the City enter into the Agreement with -hheBurlington Northern Inc., and the Mayor and Clerk of the Commission be authorized and directedd to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Sedivy, Commissioner Vandeventer, GommissionerLehrkind, and Mayor Vollmer; those voting No, none. Appointment/Re~ppointments to Various Boards and Commissions Mayor Vollmer announced his appointments and reappointments to v;aribus City boards as follows: Effective 1 July 1976 - Library Board - Mrs. Charles (Ruth) Siess to 30 June 1981 replacing Helen Lockwood - Joseph V. Basile to 30 June 1981 II II Planning Board - Wm. Grabow to 30 June 1978 It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission concur in Mayor Vollmer's appointment and reappointments. The motion was carried by the following 'Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, and Commissioner Sedivy; those voting No, none. Beer LiEe~~ Applications: a) Bozeman Softball Assn. b) The Filling Station The City Manager presented an application from the Bozeman Softball Association --~'J", .:: for permission to obtain a Beer license for -the 7-9, 14-16 and 28-30 August 1976, along with the required fee and an application from the Filling Station of 2005 North Roueeaa1ong with the required fee of $200.00 for a Beer & Wine License. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Bozeman Softball Association and the Filling Station, having met all ,requirements, be issued a license as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeven~r,!and Mayor Vollmer; those voting No, none. Zone Code Amendments - a) Ordinance No. 974 - Code Section 18-06-580 b) Ordinance No. 975 - Code Section 18-45-020 c) Ordinance No. 976 - Code Section 18-30-040 Ordinance No. 974 amending Section 18-06-580, 640, 650, and 660 and enacting Section 18-06-661 of the Bozeman Municipal Cod~, was presented, entitled: 30 ORDINANCE NO. 974 AN ORDINANCE AMENDING SECTroONS 18.06.580, 18.06.640, 18.06.650, 18.06.660 AND ENACTING SECTION 18.06.661 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE CLARIFICATION OF THE DEFINITIONS OF EFFICIENCY UNIT, FRONT YARD, SIDE YARD AND TO ENACT A DEFINITION OF STREET SIDE YARD AND DESIGNATING AN EFFECTIVE DATE. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that Ordinance No. 974 be passed and adopted, 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. The following Amended Ordinances are as follows: ORDINANCE NO. 975 AN ORDINANCE AMENDING SECTION 18.45.020 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR UPHOLSTERY SHOPS AS A PERMITTED USE IN THE B-~ (COMMUNITY HIGHWAY BUSINESS) DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 976 AN ORDINANCE AMENDING SECTIONS 18.30.040, 18.33.030, 18.33.040, 18.36.010 AND 18.36.040 OF THE BOZEMAN MUNICIPAL CODE RELATING TO LOT AREA AND WIDTH, LOT COVERAGE AND FLOOR AREA REQUIREMENTS IN THE R-3 (RESIDENTIAL-MEDIUM DENSITY), R-4 (RESIDENTIAL- MEDIUM DENSITY APARTMENTS), AND R-S (RESIDENTIAL-HIGH DENSITY) DISTRICTS AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Ordinance No. 975 be passed and adopted, and bhe 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. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Ordinance No. 976 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 Vandeventer, and Mayor Vollmer; those voting No, none. Memorandum of Understandinq - State Hiqhwav Department - (1) North 19th, (~) Kagy Blvq (3) Oak St., (4) Tamarack A letter received from Mr. Richard C. Holmes, PE, Supervisor, Division Construc- tion Section of the State of Montana Department of Highways along with a Memorandum of Understanding entered into by and between the State Montana Department of Highways an~ the City of Bozeman for the purpose of acquiring federal funding for the develop- ment of the following projects was presented. M 1201 (1) Reconstruction of North 19th, Main to Durston, October 1978 M 1212 (1) Reconstruction of Kagy Boulevard, April 1980 M 1202 (1) Reconstruction of Oak, Tamarack, or Peach FPebr..ry 1981 It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the City enter into the Memorandum of Understanding with the Montana Department of Highways and the Mayor and Clerk of the Commission be directed to sign for the City, 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. Consideration of Bids - 24,000 Gallon Regular Gasoline After tabulation and checking the bids submitted for the purchase of 24,000 gallons regular gasoline, the City Manager concurred in the recommendation of the Assistant City Manager that the bid be awarded to Story Distributing, Bozeman, I I I I I I 31 on the basis of their bid in the amount of .4500 for regular gasoline, it being the lowest bid and meeting or exceeding the specifications in the "Call for Bids". The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrk'imd, that Story Distributing be awarded the bid for the 24,000 gallons Regular Gasoline at .4500, and the motion was carried by the followinggAye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Engineering Agreement - Thomas, Dean & Hoskins for Waste Water Treatment A Revised Contract Agreement by and between the City of Bozeman and Thomas, Dean & Hoskins, Inc., to conform with the present regulations of the Environmental Protection Agency to help .finance the engineering services for each stage of improve- ments to the Sanitary Sewer System, was presented. Following a discussion, it was moved by Commissioner Lehrkind~ seconded by Commissioner Sedivy, that the Commission concur with the recommendation of the City Manager and approve the Contract Agreement which conforms to the present regulations of the Environmental Protection Agency, and the Mayor and Clerk of the Commission be instructed to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commis- sioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Reports The following reports were presented: Police Chief Fire Chief Building Inspector The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. 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. Confirmation of Fire Fighter Mike Hoey effective 1 August 1976 The Fire Chief re~orted that Fire Fighter Mike Hoey had satisfactorily com- pleted the required one-year probationary period and recommended that he be con- firmed as a regular fire fighter effective 1 August 1976. The City Manager concurred in the recommendation of the Fire Chief, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkirtd, that the confirmation of Fire Fighter Mike Hoey be approved effective 1 August 1976, and that he be congratulated on completing the one-year probationary period. 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 License - KXXL Soft Ball Team The City Manager presented an application for the KXXL Soft Ball Team along with the required fee for a raffle license. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that :32 the Conunission approve the application for the raffle license, and the motion was carried by the following Aye and No vote: those voting Aye being conunissioner Lehrkind, conunissioner Sedivy, Conunissioner-Vandeventer, and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Conunission at this time, it was moved by Commissioner Sedivy, seconded by ConunissionerVandeventer, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Conunissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and MaYOr(~l~ose voting No, none. ~P-Z> C:~, /:feec?~<J TAME5 w. VOLLM~, Mayor ATTEST: /~~ -:I ' (.:_.. f:>H-A -" . ....u ERNA V. HA NG , _ Clerk of t~~ City Conunission 1_ - ~ _I'. ' ;"J j !"). I I I