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HomeMy WebLinkAbout1976-08-11 34 Bozeman, Montana 11 August 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 11 August 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, Acting City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Sedivy opened the meeting with a prayer and the following proceedinss were had. Minutes of the regular meeting held on 4 August 1976, were approved as read. Minutes of the special meeting held on 9 August 1976, were approved as read. Authorize Absence of City Manager Fryslie It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that City Manager Fryslie be granted vacation leave of absence from 9-13 August,_ and that the Assistant City Manager be designated Acting City Manager during this time. The motion was carried by the following Aye and No vote: those voting Aye being Com- missioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Consider Bids .... Crushed AggEegate Material The Commission was referred to the opening of bids for the purchase of 4,500 tons crushed aggregate material to be used for truck spreading on the parking area at the Recreation Complex on Haggerty Lane and Bogert Park Swimming Pool on South Church Avenue and for stock pile at the former land fill north of Bozeman on Rouse Avenue. The City staff having completed their study of the bids recommended that they award the bid to Bozeman Sand and Gravel, Bozeman, based upon their bid in the amount of $11,450.00 it being the lowest bid and equaling or exceeding the specifica- tions in the call for bids. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that Bozeman Sand and Gravel be awarded the bid for the 4,500 tons crushed aggregate material on the basis of their bid in the amount of $11,450.00. 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. Joe Sabol - Land 'I'rade Life of Montana Insurance Company Joe Sabol, Attorney representing Life of Montana Insurance Company, appeared- before the Commission requesting a land exchange with the City of Bozeman. The Life of Montana Insurance Company proposes to exchange a parcel of land containing l2~ acres in Tract 1, Section 7, T2S, R6E and belonging to the Bozeman Deaconess Hospital Association for a parcel of land presently owned by the City of Bozeman and containing 12~ acres in Tract 2, Section 8 and 17, T2S, R6E. Following a discussion and upon the recommendation of the City Attorney, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that Life of Montana be instructed to submit their proposal in writing at which time the City Commission will give further consideration. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vande- venter, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. I I I I I I 35 Resolution No. 1817 - EPA Grant Commission Resolution No. 1817 authorizing Mayor James W. Vollmer of the City of Bozeman to execute and file an application on behalf of the City of Bozeman with the United States Government for a grant to aid in conotruction of sewage treatment plant improvements and to sign all necessary documents was presented, entitled: COMMISSION RESOLUTION NO. 1817 A RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE WATER POLLUTION CONTROL ACT, (33 U.S.C. 466, et seg.). It was moved by commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1817 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, and Mayor Vollmer; those voting No, None. -II- _*- f ,<;' .. ::. J '/ Hearing - A. E. McChesney Zone Change From M-2-T to B-2 (;.'1 ,j./" #- 7'77 This was the time and place set for a public hearing to consider the zone change request of Mr. A. E. McChesney, to reclassify the zoning of an 8.7 acre tract of land on the east side of North Seventh Avenue, extending from 1-90 north to Griffin Drive, from M-2-T to B-2. Following discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission concur in the Zoning Commission recommenda- tion and approve the zone change from M-2 to B-2 and that the "T" or transition district designation be maintained with the following Gpecific district standards attached: This area is planned as a commercial highway business district. It is located along North 7th Avenue north of the city limits directly adjacent to the interstate 90 interchange and should be considered the northeentrance to the city. 'rhe purpose of reflecting this as a "transitional zone" is to protect and reduce the visual effect this commercial highway business district may have on other districts and major roads. A. Therefore, it shall be required that all properties within this district that abut the major roads or any other district except an M-2 district, shall provide sufficient landscaping to buffer the propeaed used from property and uses in adjoining districts and from adjacent major roads. B. Because this district is located near and adjacent to North 7th Avenue and the interstate system, signing of uses within the district can be distracting to passing motorists as well as the adjac,ent zoning district. Therefore, signing within this district shall be-appropria~e to the use, attractive to the area, and designed in such a manner so as not to be distracting to passing motorists or occupants on the adjacent properties in other zones. This shall be construed with customary interpretation and specifically construed to mean that no sign shall reflect light directly to properties of other zones except where there are M-1 or M-2 zones. 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. Hearin , Conditional Use Permit: a) J. b-.C. c d a) This was the time and place set for a public hearing to consider the request of Joseph Donaghy for a conditional use permit to allow an early learning center to be located on the first floor of a house located at 607 South Tracy Avenue. {:3t3 The Mayor declared the hearing opened. Not having received a recommendation from the Zoning Commission, it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the hearing be continued until a future date. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. b) This was the time and place set for a public hearing to consider the request of Craig Druckenmiller for a conditional use permit to operate a day care school on lots 9 and 10, Block 14 in the Park Addition and located at 217 South Third Avenue. The Zoning Commission having held a public meeting and having considered the Planning staff's report unanimously recommended approval of the conditional use request with the following conditions attached: 1) That all building and fire code violations pertaining to the use of the building as a day care center be corrected to the saais- faction of the Building and Fire Inspectors prior to the issuance of the conditional use permit. 2) That all fencing proposed on the applicant's plan be installed before the proposed use it initiated. 3) That should parking for additional staff be required, that parking area must be improved outside of the right-of-way of 4th Street. 4) It was also determined by the Zoning Commission members, that since the applicant has not been able to contact his two directly adjacent neighbors to obtain their opinions regarding the opening of a day care center in their neighborhood, that he do so prior to his appearance before the Bozeman City Commission. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission concur with the Zoning Commission's recommendation and approve the conditional use permit application for Craig Druckenmiller with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sediv~l and Mayor Vollmer; those voting No, none. c) This was the time and place set for a public hearing to consider the request of Annette Taylor for a conditional use permit to operate a Day Care Center on the E. 10' of Lot 36, all of 37 and the W. 10' of Lot 38, Block E in the Story Addition located at 519 West Babcock Street. The Zoning Commission, after consideration of the Planning staff's report recommended approval of the conditional use request with the following conditions: 1) That the applicant satisfy the licensing requirement before the proposed use is initiated. 2) That signing be limited to a maximum of one (1), l'x2' non- illuminated flush building sign. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission concur with Zoning Commission's recommendation and approve the conditional use permit application for Annette Tayilior with the above conditions. 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. d) This was the time and place set for a pUblic hearing to consider the request of Oscar N. Dean for a conditional use permit to build a Kwik-Way Grocery Store and ..... I I I I I I one gas pump on lots 22-24, Block 119, in the Northern Pacific Addition located at 401 East Peach Street. The Zoning Commission having held a public meeting and having considered the Planning staff's report, recommended approval of the conditional use permit applica~ tion with the following conditions attached: 1) That the anticipated free standing pole sign b~ a non-rotating sign. If the sign is to be illuminated, that it be illuminated with indirect ground lights which will help direct light away from adjacent residential properties. That the sign be a maximum 4'x6' in size and not exceed 14' in height. 2) That two trees (minimum 2" diameter), one located on the Peach Street frontage, and one located on the Rouse Avenue frontage, be included in the proposed landscaping for the building. That the curbing shown on the site plan be installed to protect the landscaping. 3) That as much of the existing vegetation along Bozeman Creek as possible, be maintained. 4) That the cedar shingled mansard roof be continued along the west face of the building to help blend the building into the residential character of the neighborhood. 5) That the vapor lighting of the gas pumps be shrouded to direct light away from adjacent residential properties. 6) That all required paving and landscaping, as shown in the staff work-up, be completed within nine (9) months after occupancy of the building. The Commission concurred in the recommendation of the Zoning Commission and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission concur with the Zoning Commission's recommendation and approve the conditional use permit application for Oscar Dean with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Authorize Call for Bids - Playground Equipment The Acting City Manager recommended plans and specifications for playground equipment for Bogert Pool, Beall Park and the Recreation Complex be au.thori,ze.d,.and the Clerk of the Commission be authorized and directed to publish a call for bids for the purchase of. the playground equipment. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the specifications for playground equipment be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the play- ground equipment to be opened 25 August 1976. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Reconsideration of Gas Bids . Story Distributing Company had reversed the state tax and federal tax when submitting their gas bid in the total amount of .45 per gallon on 24,000 gallons of Regular Gasoline under date of 4 August. Their bid should have been .4875, therefore, the bid of Husky Service in the amount of .4675 was low bidder and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Husky Service be awarded the bid for the 24,000 gallons regular at .4675, and the motion 37 98 was carried by the followin9 Aye and No vote: those votin9 Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Report: Police Court The Acting City Manager commented on the report of the Police Court and recommended it be accepted and ordered filed. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the report be accepted and ordered filed, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandevente~ Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Contract Documents - David Lockie A Contract Agreement whereby the City of Bozeman entered into an agreement with David Lockie to construct and replace the existing concrete box culvert with a twelve gauge corrugated steel arch culvert, 72ft x 44" sixty feet in length along with flared ends and bands and finished with compacted backfill to the level of, but not including, the asphalt patch on the Farmer's Canal at South 19th Avenue and Babcock Street at a cost of $3,899.00 was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Contract Agreement be entered into and the Mayor and Clerk of the Commission be authorized and 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. Plans and Specifications - SID No. 567 - Sanitary Sewer Laterals Figgins Addn. Phase li $100,000.00 SID No. 568 - Lateral Watermains Figgins Addn. Phase II $ 96,000.00 SID No. 569 - Lateral Watermains and Sanitary Sewer Mains Summlt Englneerl~- $ 86,000.00 Plans and specifications covering the proposed improvement in Special Imp~ovement District No. 567 for constructiDn of sanitary sewer laterals Figgins Addition Phase I~ Special Improvement District No. 568 for construction of Lateral Watermains in Figgins Addition Phase II and SID No. 569 construction of lateral watermains and sanitary sewer mains Summit Engineering as prepared by Thomas, Dean and Hoskins, Inc., con- sulting engineers, was placed before the Commission. Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the plans and specifications as presented be approved and that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Special Improvement District No's. 567, 568, and 569 with an opening date of 8 September, and to advertise for the sale of the bonds in the approximate amount of $100,000.00 for SID No. 567, $96,000.00 for SID No. 568, and $86,000.00 for SID No. 569 to be received on 15 September 1976. 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. .< 1:,:'" I I I I I I ~l9 SID 565 Bond Sale $750,000.00 - Acquisition and Establishment of Public Off-Street Parking Facilities Upon recommendation of the Acting City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Clerk of the Commission be instructed and directed to advertise for the sale of the bonds of Special Improvement District No. 565 in the approximate amount of $750,000.00 to be received on Wednesday, 15 September 1976, for the acquisition and establishment of Public Off-Street Parking Facilities. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandevente~, and Mayor Vollmer; those voting No, none. Claims Claim No. 6832 thru 7054 and 23777 thru 23976 inclusive were presented as follows Band Cemetery Garbage General Library Park Parking Meter Planning Bd. SDS SID's $ 1,978.13 2,160.23 4,107.08 23,494.12 " 1,154.38 8,720.54 131.50 334.75 2,587.26 60,615.43 $$ 4,288.35 9,528.39 90.00 86,850.50 987.20 89.80 5,250.61 165.00 5,463.13 8,157.69 Street Water CPC Curb & Gutter Federation Ind. Ins. Lindley Park Rec. Complex Store 76 Walks & Cunbs Total $226,154.09 The Acting City Manager checked the claims and found them to be1true 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 Sedivy, seconded by Commissioner Vandeventer, that all claims with the exception of the claim submitted by Robert K. Johnson in the amount of $7,242.50 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. Adjournment There being noofurther business to be brought before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the meeting be adjourned. The motion was carried by the following Aye and No vote~ those voting Aye being Cornmissioner Vandeventer, Cornmissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those v ~<%Uh~ ATTEST :- d:- y~ 1/?t-4.~' ~. "';/ ERNA V. HARD NG, Clerk of the City Commission * Ordinance No. 977 repealing Section 18.69.030 of the Bozeman Municipal Code was presented, entitled Ordinance No. 977 AN ORDINANCE REPEALING SECTION 18.69.030 OF THE BOZEMAN MUNICIPAL CODE AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Ordinance No. 977 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, ~~r, Commissioner Vandeventer and Mayor Vollmer; those voting No, none.