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HomeMy WebLinkAbout1974-04-24 108 Bozeman, Montana 24 Apri 1 1974 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Build ing, 24 April 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Comm- issioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City Man~ger Fryslie, Ass't. City Manager Keyes, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had. I Minutes of the regular meeting held on Wednesday, 17 April 1974 were approved as read. Hearing, Conditional Use Permit - Wrecking Yard, Mandeville State School Section: This was the time and place set for publich hearing to consider a recommendation of the Bozeman City Zoning Commission to issue a Conditional Use Permit to establish a junk car graveyard site in an M-l Zone, being a portion of Tract 28 of the Gordon Mandeville State School Section Subdivision, Sec. 36, TIS, R5E, and located nexte to the drive-in theatre behind Midwest Welding on North Seventh Avenue. The Zoning Commission having reviewed the request recommended that the Conditional Use Permit be granted and pointed out that there is landscape planting as well as fence requirements designated on the site plan which would have to be adhered to by the developer of the site. There are certain state laws required concerning the junk car site such as the requirement of fencing around the entire site which is shown on the site plan. The Commission concurred with the recommendation of the City Manager and it was moved by Comm- issioner Vollmer, seconded by Commissioner Vandeventer, that they concur in the recommendation of the Bozeman City Zoning Commission and approve the conditional use permit with the above recommendation along with the stipulation that the cars must not exceed the height of the fence as viewed from nearby road. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Hearing, Zone Code Change, R-3 to B-2, Portion Block 1, Kirk's Subdivision No.4, Portion Block 1, Kirk's Subdivision No.1: This was the time and place set for a public hearing to consider a recommendation from the Zon- I ing Commission to consider a Zone Change from R-3 to B-2 on a portion of property belonging to Harold Cooper and described as a portion of Block I, Kirk's Subdivision No.4 and a portion of Block I, Kirk's Subdivis'ion No. t. The Zoning Commission recommended to the City Commission, that they change the zoning from R-3 to B-2-T with the requirement that a buffering be provided between the commercial and residential zones. Several interested persons were present in regard to the proposed Zone Change and to answer any questions that might arise. Following a thorough discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that they deny the request to change the zoning from R-3 to R-2-T on a portion of the property belonging to Harold Cooper and des- cribed as a portion of Block I, Kirk's Subdivision No. 1 and Block 1, Kirk's Subdivision No.4 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Mayor Sedivy; those voting No, none. Hearing, Zone Code Change, R-3 to B-2, Parcel in NW 1/4, SW 1/4, Sec. 12, T2S, R5E, MPM.: This was the time and place set for a public hearing to consider the application of Frae J. Kuhl to rezone a 200' X 226' tract of land in the NW 1/4, SW 1/4 of Sec. 12, T2S, R5E, MPM and located on the intersection of South 19th Avenue and West Babcock Street from R-3 to B-2 Zone. The Bozeman Zoning Commission having heard public testimony recommended to the City Commission that they change the zoning from R-3 to B-2-T with the requirements that buffering be provided be- tween the commercial zone and the residential zone. Several property owners were present to discuss the area in question. I Following a discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they deny the request to change the zoning from R-3 to B-2-T and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No,being.Commissioner Taylor. Hearing, Resoluti~n No. 1659, Intent to Create SID No. 537 , Pave Portion Kagy Blvd., Resolution No. 1669 Creating SID No. 537: This was the time and place set in Commission Resolution No. 1659 to hear the protestsbo the 109 creation of Special Improvement District No. 537. Affidavit of publication of Notice and the Clerks mailing certificate was presented. There were no protests on file and no one appeared to protest verbally. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Commiss- ion Resolution No. 1669 creating Special Improvement District No. 537 for the purpose of paving and installing of necessary storm drainage on the north two lanes of Kagy Boulevard between South Seventh Avenue and Eleventh Avenue, entitled: I COMMISSION RESOLUTION NO. 1669 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 537 6F THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, IN- TEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON THE NORTH TWO LANES OF KAGY BOULEVARD BETWEEN SEVENTH AVENUE AND ELEVENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA. as prepared by the City Attorney be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Tay- lor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Hearing,Reso1ution No. 1660, Intent to Create SID No. 538, Pave Portion 11th Ave. Resolution No. 1670, Creating SID No. 538 This was the time and place set in Commission Resolution No. 1660 to hear the protests to the creation of Special Improvement District No. 538. Affidavit of publication of Notice and the Clerks mailing certificate was presented. There were no protests on file and no one appeared to protest verbally. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that Commiss- ion Resolution No. 1670 creating Special Improvement District No. 538 for the purpose of paving and installation of storm drains on South Eleventh Avenue between Kagy and West Lincoln Road, entitled: COMMISSION RESOLUTION NO. 1670 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONl'ANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 538 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF I CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, IN- TEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO SOTRM DRAINAGE ON SOUTH ELEVENTH AVENUE BE1WEEN KAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENUE TO A POINT 130 FEET WEST OF THE WEST LINE OF THE TAl LANE ADDITION TO THE CITY OF BOZEMAN, MONTANA. as prepared by the City Attorney be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Request for Variance to Sidewalk Grade for Driveway, Ed Sedivy, Jr., 2205 Highland Court; Mayor Sedivy Excused: A letter received from Edmund P. Sedivy, Jr., requesting a variance from the current standards on grade right-of-way to allow a greater slope on his driveway located at 2205 Highland Court was presented. Mr. Sedivy was present and explained his reasons for requesting the variance. Following a discussion, the Commission concurred with the recommendation of the City Manager and it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the request for a variance be denied. Those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Commissioner Vandeventer; those voting No, none. Mayor Sedivy did not participate in the motion due to his relationship with the appellant. Authority to Call for Bids - Sign Material (Gas Tax Funds) The specifications as prepared by the Ass't City Manager for the purchase of .080 gauge aluminum I sign blanks with a10dized finish both sides suitable for sign fabrication and the purchase of 400 - 12' fully galvanized 2 3/8" Outside Diameter 1.16 wall thickness 2.779# one foot posts suitable for sign installation was placed before the Commission. The City Manager recommended that the specifications as presented be approved and that a "Call for Bids" for the purchase of 550 18" X 24" aluminum sign blanks and 400 12' onefoot posts be auth- orized. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they concur in the recommendation of the City Manager and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the sign blanks and the posts with an opening date of 8 May 1974 and to be paid out of Montana Gas Tax Refund funds. The motion was carried by the following Aye 110 and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Authority to Attend ATMA Meeting; - Ass't City Manager Keyes, Coeru d'Alene, 7-9 May 1974: The American Public Works Association Meeting is scheduled to be held in Coeur d'Alene, Idaho, 7-9 May 1974 and the City Manager requested authorization for Ass't. City Manager Keyes to attend this meeting. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Asslt. City Manager Keyes be authorized to attend the meeting and, it being in the public interest I his expenses be paid from the appropriate fund and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Tay- lor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. A request for Gasoline Sales and Car Wash, B-3 Zone. A letter received from Fred Leibrand, of the United Agencies, on behalf of Bud Jones, Spokane, Washington, requesting authorization to use the Exxon Corporation property located on Main Street between Rouse Avenue and Church Avenue for the purpose of a car wash and gas station was presented. The Commission concurred in the recommendation of the City Manager, that they deny the request because the car wash and gas station are not permitted in a B-3 Zone and they do not wish to enter- tain a change in zoning in this area. It was moved by Commissioner Vandeventer, seconded by Comm- issioner Lehrkind, that they deny the request and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Commissioner Taylor abstained. Resolution No. 1671, Revoking Resolution No. 1657 - Request Dept. of Highway to Ban Parking on N. 7th Ave. Commission Resolution No. 1671 rescinding Commission Resolution No. 1657 passed and adopted on 27 March 1974 which authorized and requested the MOntana State Highway Department to eliminate and prohibit parking on North Seventh Avenue from the intersection of North Seventh Avenue and West Main Street to the North City limits was presented, entitled: COMMISSION RESOLUTION NO. 1671 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RESCINDING COMMISSION RESOLUTION NO. 1657, PASSED AND ADOPTED I ON 27 MARCH 1974. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Recommendation concerning Construction to Public Streets The Road and Street Committee of the Bozeman Chamber of Commerce presented a letter to the City of Bozeman Commission on 27 March 1974 expressing their concern with: 1. The inadequacy of signing within the construction areas throughout the City. 2. The need for an ordinance allowing the removal of parked vehicles from the Construction areas. 3. Control of Dust within construction areas. After studying the request of the Roads and Streets Committee, the City Engineer recommended that the City Commission adopt the manual of Uniform Traffic Control and set the policy that all City forces should abide by. Other utilities should be requested to observe the same standard as well as contractors within the City whether on City Work or private construction. The reques t for dust control and removal of parked vehicles were also recommended to the City Commission. The City Manager recommended that the City not firmly adopt the Traffic Manual but simply attempt to adhere to this within the resources available to comply with this manual and our consulting engin- eers be requested to review their contract documents covering much of the work which occurs in public right-of-ways to assure that these signing provisions are covered. After discussion with members of the Roads and Streets Committee, it was moved by Commissioner I Vollmer, seconded by Commissioner Vandeventer, that they concur in the City Managers Recommendation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, and Mayor Sedivy; those voting No, none. Request for Annexation - Valley View Country Club A letter received from the Board of Directors of Valley View Country Club requesting that a por- tion of land lying in Section 18, T2S, R6E, MPM., bordering Kagy Boulevard and contiguous with the present City limits of the City of Bozeman be annexed into the City was presented. The purpose of this annexation is to provide City Police and Fire protection for the club house and adjacent build- fi 111 ings as well as sanitation facilities when they become available. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the request for annexation be referred to the City-County Planning Board for their study and recommendation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Request to Conduct March of Dimes Walkathon - 18 May 1974 I A letter received from Gen 1. Brown of the National Foundation March of Dimes requesting per- mission to conduct a fund drive on Saturday, 18 May 1974 was presented. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they grant permission to the National Foundation March of Dimes to conduct the fund drive on 18 May and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Voll- mer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Proclamation - Professional Nurses Week, 12-18 May 1974 Kiwanis Popcorn Week - 28 Apr. to 4 May 1974 In accordance with the Montana Nurses Association District No. 3, Mayor Sedivy proclaimed the week of 12-18 Mayas "Professional Nurses Week" in the City of Bozeman and urged all citizens of Bozeman to support the ~funtana Nurses Association District No. 3's effort to improve the health care of Montana. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they endorse the Mayor's proclamation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Commissioner Taylor; those voting No, none. Mayor Sedivy announced his proclamation of 28 April 1974 to 4 May 1974 as "Kiwanis Popcorn Week" in the City of Bozeman and urged every citizen to help the Kiwanis Club, the MSU Circle K. Club and the Bozeman Senior High School Club by purchasing these popcorn packets to make possible the continuing support of needed community programs. It was moved by Commissioner Vollmer, sec- onded by Commissioner Vandeventer, that they endorse the Mayors proclamation as requested and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, I Commissioner Vandeventer, Commissioner Taylor and Commissioner Lehrkind; those voting No, none. Repo rts : The following reports were presented: Director of Finance Directof of Public Service The City Manager commented on the above reports and recommended approval thereof. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the reports be approved and ordered fi led and the motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Vandeventer, Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Contract Documents - Sanitary Landfill Equipment Building, - Tonca Construction, Bozeman The Contract documents for the construction of a combination equipment storage building and maintenance shop to be located at the Bozeman Landfill was presented. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Contract documents of Tonca Construction in the amount of $17,745.00 be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contract for the City of Bozeman and that Tonca Construction be authorized and directed to proceed with the construction of the building and maintenance shop. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Comm- issioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by I Commissioner Lehrkind, seconded by Commissioner Vollmer, that the meeting be adjourned and the '-' motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, " Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; t voting No, none. --L~ ATTEST: (.- '/~L r;. < ?'l/L - y - .. /" d?c. c. .7'; / ERNA V. HARD NG, Clerk of the City Commission