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HomeMy WebLinkAbout1977-02-09 148 Bozeman, Montana February 9, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 9, 1977 , at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held February 2, 1977, were approved as read. I Authorization of Absence of Commissioner Taylor, February 9, 1977 Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the absence of Commissioner Taylor be authorized from this meeting 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. Representative of Bozeman Senior Social Center Presenting Petition for Bond Issue for Construction of a Senior Center Several representatives of the Bozeman Senior Social Center were present for the purpose of presenting the City Commission with the Senior Citizens Social Center Petition which had been signed by 2,160 qualified electors of the City of Bozeman and certified as such by Carl L. Stucky, County Clerk of the County of Gallatin. Mr. Stucky further certified that the 2,160 signatures out of the 9,374 registered voters constituted more than 20% of the qualified electors as required by Sec- tion lL-2306, R.C.M., 1947. According to the City Attorney, the State Law requires that the Clerk of the City Commission is designated to verify the signatures of the petitioners and attach thereto a certificate, under her official signature, which shall set forth: 1) The total number of persons who are registered electors. 2) Which, and how many of the persons whose names are subscribed to such petition, are possessed of all of the qualifications required of signers to such petition. 3) Whether such qualified signers constitute more or less than twenty percent of I the registered electors of the city or town. Following further discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the completed petitions filed with the Clerk of the Commission shall be carefully examined at which time she shall attach thereto a certificate under her official signature which shall set forth the total number of persons who are registered electors constituting more or less than the twenty percent of the qualified signers. The City Attorney will then be instructed to draw up a resolution to be considered by the City Commission which shall recite the essential facts in regard to the petition, such as the General Election to be held on April 5, the purpose for which the bonds are proposed to be issued, and fix the exact amount of bonds to be issued. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commis- sioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Public Hearing - Everett Egbert - Conditional Use Permit - Sign Natalie Jenkins - Conditional Use Permit - Sign Ken White (Olson/Springer) - Planned Unit Development This was the time and place set for a public hearing to consider the request of Everett Egbert for a conditional use permit for the construction of an equipment real business on Lot 7 of the Bozeman Industrial Park Subdivision located on Griffin Drive and zoned M-l-T. The Planning staff having reviewed the application recommended that since the applicant's sign is not aesthetically unpleasing or overpowering, and in fact blends with the building from a color standpoint that the original signing condition for the conditional use permit be approved as amended: That signing be strictly limited to the one existing, free standing pole sign I and that no other signs be erected either on the building or on the site. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission continue action on the hearing for additional study for a period of one week. 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. L~.__ 1"49 This was the time and place set for a public hearing to consider Eddy's Bread and Natalie Jenkins for the issuance of a conditional use permit for the construction of a warehouse and small retail store on Lot 1 of the Bozeman Industrial Park Subdivision located on Griffin Drive and zoned M-l-T. The signing would be limited to one non-illuminated, flush mounted building sign of less than 50 square feet in size. During the construction, the applicant changed her mind concerning the signing requirements I for the building and erected a free standing pole sign of less than 50 square feet in size and inter- nally illuminated. Since the sign is in violation of the signing condition of the conditional use permit, the applicant seeks to amend the conditions of approval to allow the existing signing. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission continue action on the hearing of Eddy's Bread and Natalie Jenkins for a period of one week for further study. The motion wasc"arried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. This was the time and place set for a public hearing to consider a Conditional Use Permit requested by Kenneth White. Said Conditional Use Permit would authorize a twenty-unit apartment Planned Unit Development on Lot 1 of the Remington Addition to the City of Bozeman, said property being located at the southeast corner of the intersection of West Lincoln Road and South 19th Avenue. George Olson of the Olson-Springer group was present to give a presentation and show a model of the project. After consideration of the Planning staff report, the Zoning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions: l. That final plans and required improvement agreements and timetables be worked out with the Planning staff before the permit is issued. 2. That the 25-foot setback requirement on Lincoln Road be relaxed to 15 feet with consideration given to the screening effect of existing shrubbery. 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 I recommendation of the Zoning Commission and approve the conditional use application for the Planned Unit Development with the above conditions. 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. South Willson Improvement Assn. - re Traffic Proposals for their area A petition signed by a number of property owners and residents of South Willson Avenue requesting the City Commission to consider forthwith the implementation of formal truck route ordinances, comparable to those in other Montana cities, for the City of Bozeman and consider excluding all heavy-vehicle traffic (with the exception of school buses) on residential city streets which have a speed limit of 25 miles per hour was presented. Dick Andriola, representative of the South Willson Improvement Association, was also present to explain the petition and area in question. Following an extensive discussion and upon the City Manager's recommendation, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission acknowledge receiptof the petition and it be turned over to the City staff for additional study and a recom- mendation to be made within a thirty-day 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. Request from Mr. McRay Evans to annex a parcel of land east of Rouse Avenue and south of Lincoln Street, abutting the City of Bozeman A request from Mr. McRay Evans to annex a parcel of land east of Rouse Avenue and south of I Lincoln Street and abutting the City of Bozeman was presented. Following discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the request for annexation be continued for a period of three weeks to enable the City staff to evaluate the parcel of land east of Rouse Avenue and south of Lincoln Street and abutting the City of Bozeman. 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. lr:O - tJ_ Ordinance No. 982 - Adopting the 1976 Edition of the Uniform Mechanical Code published by the Inter- national Conference of Building Officials Ordinance No. 982 adopting the 1976 Edition of the Uniform Mechanical Code was presented as follows: ORDINANCE NO. 982 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION AND MAINTENANCE OF HEATING, VENTILATING, COMFORT COOLING, REFRIGERATION SYSTEMS, I INCINERATORS, AND OTHER MISCELLANEOUS HEAT PRODUCING APPLIANCES IN THE CITY OF BOZEMAN, MONTANA: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; REPEALING ORDINANCE NO. 957, OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Notice of Intention to adopt the foregoing mechanical code be passed, adopted and approved and the Notice be published once in the Bozeman Daily Chronicle at least fifteen (15) days prior to final action and that the hearing be held on Wednesday, March 2, 1977 . 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. Ordinance No. 983 - Adopting the 1976 Edition of the Uniform Plumbing Code published by the Inter- national Conference of Building Officials Ordinance No. 983 adopting the 1976 Edition of the Uniform Plumbing Code was presented as follows: ORDINANCE NO. 983 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY: REQUIRING A PERMIT AND INSPECTION FOR THE INSTALLA- TION OR ALTERATION OF PLUMBING AND DRAINAGE SYSTEMS: CREATING AN ADMINISTRATIVE OFFICE: DEFINING CERTAIN TERMS: ESTABLISHING MINIMUM REGULATIONS FOR THE INSTALLA- TION, ALTERATION OR REPAIR OF PLUMBING AND DRAINAGE SYSTEMS AND THE INSPECTION THEREOF: PROVIDING PENALTIES FOR ITS VIOLATION AND REPEALING ORDINANCE 956 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Notice of Intention to adopt the foregoing plumbing code be passed, adopted, and approved and the Notice be published once in the Bozeman Daily Chronicle at least fifteen (15) days prior to final action and that the hearing be held on Wednesday, March 2, 1977 . The motion was carried by the following Aye I and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Authorization to Request Bids for: A - MC 800 Plant Mix Blacktop (for Street and Cemetery overlay program) B - SC 800 Plant Mix Blacktop (for patching) C - Seal Coating Contract The City Manager recommended that specifications be approved for the following: A - MC 800 Plant Mix Blacktop (for street and cemetery overlay program) B - SC 800 Plant Mix Blacktop (for patching) C - Seal Coating Contract and the Clerk of the Commission be authorized and directed to publish a "Call for Bids". The purchase of the blacktop is a 1976-77 budgeted item. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the specifications be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids", 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. Application for Raffle License - Headwaters Council of Campfire Girls - February 20 The City Manager presented an application from the Headwaters Council of Campfire Girls, along with the required fee, for a raffle to be held on February 20. Upon recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission approve the application for the raffle to be held on February 20, 1977 , 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 I voting No, none. Application for Kennel License Renewal - Alfred DeVoe An application received from Alfred DeVoe, 506 North Rouse, requesting a kennel license in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with the required fee, was presented. 1'51 Upon the City Manager's recommendation, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the application be approved and the Director of Finance be instructed to issue a license in accordance therewith. 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: January Fire Report I January Police Court Report January Building Inspection Report The City Manager commented on the following reports: January Fire Report January Police Court Report January Building Inspection Report and recommended they be accepted and ordered filed. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the above reports be accepted and ordered filed. 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 Claims Nos. 8381 thru 8399 and Nos. 25070 thru 25259 inclusive were presented as follows: Cemetery $ 1,276.70 Water $ 7,501. 90 Cemetery Susp. 450.00 Library Federation .84 Garbage 3,976.77 Stores 2,765.96 General 33,302.25 BOR 342.60 Library 2,849.83 EPA 10,991.75 Park 4,748.19 C.P.C. 50.00 Parking Meter 130.88 HUD 8.34 Planning Board 296.21 Printing Service 85 S.D.S. 5,102.07 Parking Commission 213.25 S.LD.'s 9,481. 40 Supplies 45.60 Street 93,621. 96 TOTAL $177 , 157 . 35 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 issue warrants I in payment. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the claims be approved as presented. 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 no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner 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. r-/) tI/,. ,f t' f), J;d/~ ATTEST: ~-,_J~W. V6LLMER, Mayor P -" // ~~ E;~A'r~~I~cr: .-~< . Clerk of the City Commission - I