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Home My WebLink About1977-03-09 164 Bozeman, Montana March 9, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 9, 1977, at l:lS o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commis- sioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on March 2, 1977, were approved as read. Public Hearings: a) Request for Zoning Change (AS to M-l on behalf of b) Amendment to Zone Code to allow Barber and Beaut B-3 Zone Plann1ng Staff) c) Amendment to Zone Code - Section 18 - Notification and Fee Structure (continued from March 2, 1977) This was the time and place set for a public hearing to consider the request of Robert A. Braun for a zone change from AS to M-I on a seven acre tract of land in the SE., SE., SW~ of Section 25, T2S, RSE and located l~ miles south of South Third Avenue extended. The zone change would allow Mr. Braun to relocate his concrete septic tank manufacturing company to the site from its present location on East Olive Street. Having reviewed the Planning Staff's report, the Zoning Commission voted unanimously to recommend denial of Mr. Braun's request for a zone change from AS to M-l. The commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Mr. Braun's I request for a zone change from AS to M-l be denied and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Com- missioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. This was the time and place set for a public hearing to consider the req~est of the City-County Planning staff for an amendment to the zoning ordinance which if approved would designate barber and beauty shops as permitted uses in the B-3 zone. At present, barber and beauty shops are permitted only in the B-2 zone. Having reviewed the Planning staff's report, the Zoning commission voted unani- mously to approve the zone code amendment of Section 15.2 of the Bozeman Zoning Code. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission concur in the recommendation of the City Manager, and approve the amend- ment to the zoning ordinance designating barber and beauty shops as permitted uses in the B-3 Zone. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting N9, none. I Having continued the hearing on the proposed revisions of Section 18 - Notifica- tion and Fee structure, the Commissioners heard comments regarding changes which had been discussed by the City Attorney and the Planning staff. The City Attorney indi- cated that he had worked out such revisions with the Planning staff. The City Attorney suggested that the Building Official be the one to publiSh, post and mail out the notices of hearing at least fifteen days and not more than thirty days before 16~ .', ;4 set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. I 6 Plans and specifications covering the proposed improvement in Special Improvement District No. 575 for construction of watermains in Henderson's Addition east of Willson and south of Garfield, as prepared by Thomas, Dean & Hoskins, Inc., consulting engineers, was placed befo~e the Commission. Upon recommendation of the City Manager, it was moved by Commissioner Vandevente~ 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. 575 with an opening date of March 30; and that the Clerk of the Commission advertise for bids for the sale of bonds for Special Improvement District No. 575 in the amount of $l7,500 to be received on April 6. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Re uest for Variance from Uniform Buildin Code for ro osed remodelin of Oxford Hate BU1ld1ng The request for a variance to the Building Code for remodeling the Oxford I Hotel building was called for additional discussion. Joseph Sabol,representing Mr. Taylor, withdrew the original request and then restated a request for a variance to the Building Code. Mr. Sabol requested a variance to the 25% glass area in the corridor as spelled out in Section 3304 of the Uniform Building Code and pointed out to the Commission he felt they had the autho- rity to grant a variance under the terms of Section 204 of the Uniform Building Code. The Building Official pointed out the requirements of Section 3304; namely, the corridor walls are required to be of one-hour fire resistive construction with twenty minute smokeproof doors and self-closing devises, stating further Section 503 permits fire extinguishing systems as a substitute for one-hour fire resistive construction but specifically exempts corridors. On question from Commissioner Vandeventer, the Building Official did spell out a forthcoming proposal regarding the makeup of a Board of Appeals. The City Manager then summarized the issues as follows: (1) The petition ini- tially constitutes an awkward situation, inasmuch as it is submitted by a City Com- I missioner. (2) It is absolutely assured that the variance is not requested in order to substitute a cheaper, less expensive, or less safe method of construction. This is evident by the intent to install a sprinkling system throughout which is not required by the code. (3) The construction format sought is a reflection of modern marketing methods, and seems a logical method for renovation of an older structure. Unfor- tunately, the alternate sought is at variance with the provisions of the building and fire protection code. As a result, I would recommend against granting the exception requested. ------- . 1M It was moved by Commissioner Sedivy that the variance be denied. The motion died for lack of a second. It was then moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request for a variance to the Building Code for remodeling the Oxford Building be granted. Commissioner Lehrkind,and Commissioner Vandeventer voted Aye; Commissioner Sedivy and Mayor Vollmer voted No. The motion died for lack of a majority. I Request for Annexation of property (two (2) tracts) to the City of Bozeman between KBMN Radio and Interstate 90, west of old Highway 10 A letter recieved from Joseph W. Sabol, Attorney for and on behalf of Peter K. Nelson, requesting that a parcel of real property consisting of two tracts located in the Northwest quarter of the Northeast quarter and the Northeast Quarter of the Northwest Quarter of Section 1, T2S, R5E, MPM, Gallatin County, Montana, be annexed into the City was presented. Following a discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Sedivy, seconded by Commissioner Taylo~ that the Commission acknowledge receipt of the petition and instruct the City Attorney to draw up a resolution of intent to annex the 7.082 acres as described above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehr- kind, and Mayor Vollmer; those voting No, none. Raffle License Applications: a) Easter Seal Society of Montana - Mar. 15 to Apr. 20 b) MSU Indian Club - March 10 thru April 1 I c) Exponent - March 13 The City Manager presented an application from Easter Seal Society of Montana, along with the required fee for a raffle license, for the purpose of holding a raffle on April 20, 1977. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission approve the application for a raffle license for the Easter Seal Society of Montana. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer: those voting NO, none. The City Manager presented an application from MSU Ihdian Club, along with the required fee, for a raffle license for the purpos~ ofcholding a raffle on April 1. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission approve the application for a raffle license for the MSU Indian Club. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Com- missioner Taylor, and Mayor Vollmer; those voting No, none. I The City Manager presented an application from The Exponent along with the required fee for a raffle license for the purpose of hmlding a raffle on Marcy 13. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission approve the application for a raffle license for the Exponent. The motion was carried by the following Aye and No vote: those voting Aye being Com- missioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, and Mayor Vollmer; those voting No, none. 16.5 the pUblic hearing on zone changes and ten days and not more than thirty days before the public hearing on variances and conditional use applications. In concurrence with the recommendation of the City Attorney, also concurred in by the City Manager, it was moved by Commissioner Taylor, seconded by Commissioner I Vandeventer, that the Commission approve the final revisions of Section 18, and the motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Open Bids for Bituminous Plant Mix Materials This was the time and place set for opening bids for 7,504 tons of Bituminous Plant Mix to be delivered to the old landfill or the Cemetery parking lot. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. The fallowing bid was then opened and read: Pioneer Ready Mix - Bozeman 7,504 tons of either MC-800 or SC-800,:delivered to the old landfill or the cemetery @ $12.00 per ton - $90,048.00 Alternate 7,504 tons to be picked up at the plant @ $11.35 per ton - 85,170.40 It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that I the Commission concur with the recommendation of the City Manager, that the bid of Pioneer Ready Mix of Bozeman, it being the only bid submitted, be referred to the Street Superintendent for evaluation and a recommendation to be made ~o the Commis- sion on Wednesday, March 16, 1977. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Traffic Requests re South Willson Avenue The 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 designated truck routes 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 again presented following addi- tional study by the City staff. Dick Andriola, representative of the South Willson Improvement Association, had I requested earlier that the matter be tabled for a period of one week due to his inability to attend the meeting. The matter was tabled by the Commission. Request from Associated Students of Montana State University (ASMSU) re designation bus stops for a student bus line A proposal from the Associated Students of Montana State University, requesting the City of Bozeman to designate several locations for bus stops for a bus which would be run by Montana State University for the purpose of transporting university student~ card carrying faculty and University employees to and from the campus was presented. , ...___....n 166 Pedestrian-Traffic Safety Committee appointments The City Manager concurred in the recommendation of the Pedestrian-Traffic Safety Committee and appointed A. Glen White as the City Manager's appointee, Bill Nelson for one year and Greg Morgan for a two-year period to that committee. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission concur in the above appointments. The motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting NO, none. proposal to name the City's 50-meter swimming pool A proposal from the Bozeman Lioness Club to sponsor a contest to name the 50- meter indoor swimming pool and authorize the installation of the sign was presented. It was moved by Cmmmissioner Vandeventer, seconded by Commissioner Lehrkind, that the City endorse the proposal for naming the 50-meter pool and approve the installation of the sign. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1868 - at rear of F1rst Security Bank - Pu l1c Hear1ng to be held on COMMISSION RESOLUTION NO. 1868 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A I PORTION OF THE ALLEY IN BLOCK C OF THE ORIGINAL TOWNSITE OF BOZEMAN, MONTANA. as prepared by the City Attorney was directed by the City Commission to vacate a 28.5-foot portion of the alley at rear of First Security Bank was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1868 be passed and adopted and April 6, 1977, be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1869 - Intent to Create SID 575 (Henderson pavin ) - pu c Hear1ng on Marc 0, 977 Commission Resolution No. 1869 declaring the intention to create a Special Improvement District No. 575 for paving construction on a portion of Hayes Street on the Subdivision Plat of Tract 12, Bozeman Creek Annexation, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 575 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO: ALSO CON- STRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON PORTIONS OF HAYES STREET SHOWN ON THE SUB- DIVISION PLAT OF TRACT 12, BOZEMAN CREEK ANNEXATION, TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1869 be passed and adopted and March 30, 1977, be the date 169 Open Container Ordinance - Status and Direction The City Manager requested status and direction on a proposal for an ordinance pertaining to open alcoholic containers in vehicles and pUblic places. Following discussion, the City Manager recommended that action be delayed until I further information could be acquired. Designation of MSU Police Officers as City of Bozeman Special Police Officers A letter was read from Sarge pettys, Chief of University P6lice of the Montana State University, requesting that the memberfi of the University Police be appointed Special Police Officers for the purpose of issuing parking and moving citations on campus for one year from May l, 1977, to April 30, 1978, with no cost to the City of Bozeman. The City Attorney indicated some concern over the phrase -- "Boz~an Special Police Officers" -- and its exact meaning. .- In order to clarify the specific role in regard to the pOlice officers, the City Manager suggested that action be deferred for a period of one week. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission concur in the recommendation of the City Manager and defer action on the appointments of the MSU Police Officers as City of Bozeman Special Police Officers for a period of one week. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner I Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Claims Claim Nos. 25267 thru 25474 inclusive and 8593 thru 8797 inclusive were presented as follows: Cemetery $ 1,074.98 SID's $ 188.95 Cem. Susp. 750.00 Street 32,956.54 Garbage 3,922.85 Water 7,501.31 General 46,281.16 B.V. Fed. 176.96 Library 1 , 9 6 4 . 20" Stores 6,251.16 Park 4,741.92 EPA 11,174.63 Parking Meter 193.40 HUD 16.6l Plng. Board 907.61 Supplies 525.13 SDS 3,372.07 Total $121,999.48 The City Manager had 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 in payment. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, 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 Taylor, Commissioner Vandeventer, Commissioner I Lehrkind, and Mayor Vollmer; those voting No, none. Reports The following reports were presented: Library Monthly Fire Monthly Police Court Monthly The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed, and the motion was carried by the ~-~._-- - --.--- -'._--'~----". .-..... ---... 170 following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting NO, none. Adjournment There being no further business to come before the Commission at this time, it I 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, Commissioner Taylor, and Mayor vollmer; those voting No, none. .:/_. ./ l- / -to:- ~ooo c.?' .,_ -<___Jo ~ /? ~ ~ / c. _ L" ~ ESW. VOLLMER, Mayor ATTEST: ~ 4~~~./~~ Clerk of_the City Commission I I