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HomeMy WebLinkAbout1974-06-26 ~ 140 'ozeman, Montana 26 June 1974 TI1e Q)mmission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 26 June 1974 at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrkind, Acting City ~Bnager Keyes, City Attorney Berg, and the Clerk. I Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held on 19 ~Tune Here approved as read. .QP._en.1..5ds _-=-T!l~_~.r..ior.. Eencp Installat.ion - Recrpation Complex This was the time and place set for opening bids for the installation of Interior Fencing for the Bozeman Recreation Complex. Affidavit of publication of "Notice to Bidders" was presented and it was moved by Commissioner Vollmer, seconded by Corrnnissioner Taylor that the bids be opened and read and the mot i_on ~vas carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Connnissioner Taylor, Commissioner Lehrkind, and Mayor Sedivy; those voting No, none. The following bid tV'as then opened and read: (',allatin Trenching and Irrigation Service, Bozeman - $5,395.00 The Commission concurred with the recommendation of the Acting City ~~nager and it Has moved by Conunissioner Taylor, seconded by Commissioner Lehrkind, that the bid be awarded to (',allatin Trenching and Irrigation Service, Bozeman, on the basis of their bid in the amount of I $5,395.00 it being the only bid submitted and it being below the Engineers estimate of $5,900.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner TayTor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. C'.onsirlerat-ion of Rids - Recreation r.omplex 'Rui1rling The Commission was referred to the opening of bids for the construction of the recreation complex building on 19 June 1974. Following a discussion the Commission concurred in the recommendation of the Acting City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they delay action on the consideratf. on of the bids for another week. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No, none. Consideration of Conrlitional Use Permit (Coryt.) - Shopping Center, Sabol The request from Joseph W. Sabol for a conditional use permit to build a shopping mall in Block 3 (except lot 1) and all of Block 4, Lots 8, 9, and 10 in Block 2, Kirk's Subdivision No. 4 to the City of Bozeman having been tabled for a period of one week in order that the Commission might look at and study the plans before making a decision on the conditional use permit to build I a shopping maU was removed from the table and presented for further discussion and a final decision. Following an extensive discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that they continue action on the above request for another Heek for additional study and clerification as to the standards set forth in Section 20.4, concerning items to be considered within a transitional zone, as follows: 141 l. Receiving a conditional use permit as provided in Section 23 of this ordinance. (Mandatory) 2. Special setbacks, yards) open spaces) and buffers 3. Fences and walls 4. Lighting 5. Uegulations of vehicular ingress and egress 6. Regulation of signs 7. Regulation of time of certain activities 8. Landscaping and maintenance thereof I 9. Time schedule of proposed developme"t ~O. Regulations of odors, smoke, dust, airborne particles, vibration, glare, heat, an~ noise 11. Such other reasonable conditions to protect surrounding areas and provide for orderly compatible development The motion was carried by the follow-ing Aye and No vote: those voting Aye being Commissioner I.ehrkind, Commissioner Taylor) and Mayor Sedivy; those voting No, C'..orrnnissioner Vollmer. Consideration of Conditional Use Permit (Cont. ) - Private School - Dietrich -- The request from Rudolph and Carol Dietrich for a conditional use permit to sta.rt a priv<'!te school on a tract of land 57.3' x 126.68' lying east of Block B of Hoffman's f.ddition to the City of Bozeman, located at 120 East Story Street having been tabled for the purpose of being assured that there will be a school and to r_eview the parking requirements Has removed from the table and presented for further discussion and final action. Mrs. Dietrich \-laS present and stated that there is no state accreditation or certification necessary to conduct private elementary schools. She also rend <1. letter from Don Nell of BUTonepe Company giving her permission to use a 17' ~,1ice strip of ground beside her home for off street parking purposes. Several property mmers ~<1ere present and strongly protested issuance of the conditional I use permit. Following an extensive discussion) it was moved by Commissioner Lehrkind) seconded by Commissioner Vollmer) that they approve the application to start the private school on a trial basis for a period of one year with the stipulation that they have a limitation of not more than twelve students. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Taylor, and ~~yor Sedivy; those voting No~ Commissioner Vollmer. Discussion of Lincoln Road~Oiling Howard Billips along with other interested persons living on Lincoln Road between Willm.r Way and Maple Lane were present to discuss the dust problem in that area and to see what could be done to prevent it. The Acting City Manager stated that he very strongly recommended against placing crankcase ~il on any area in question. He further stated the use of crankcase oil to public streets and alleys has been prohibited within the City of Bozeman for the last two yearR. There are "dust palliatives" on the market which overcome some of the above mentioned problems but are either too expensive or too difficult to obtain. He stated that they have used n crushed gravel which I contains a large amount of clay materials which sets up into a fairly hard surface 8.nd it is relatively dust free. Following a thorough discussion, the Commission concurred with the recommendation of the Acting City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Street Department be instructed and directed to put a cover of clay material and gravel on Lincoln Road from Willow Way to Maple Lane as a dust preventative. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commis s ioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No, none. 1 ~ 142 Ordinance No. 945 - Licensing Sale of Wine ORDINANCE NO. 945 AN ORDIANCE AMENDING SECTION 4.04.030 OF THE BOZEMAN MUNICIPAL CODE TO INCLUDE LICENSING OF THE MANUFACTURE AND SALE OF WIND IN THE CITY OF BOZEMAN AND PROVID- ING FOR AN EFFECTIVE DATE. as prepared by the City Attorney to amend Section 4.04.030 of the Bozeman Municipal Code to include the licensing of the manufacture and sale of wine in the City of Bozeman was presented. I The City Commission found that an emergency existed and that the adoption of the ordinance was necessary for the preservation, peace, health, and safety, therefore, it was moved by Commissioner Vollmer, seconded by Commissioner Taylor that Ordinance No. 945 be passed and adopted and in full force and effective immediately upon its passa.ge and adoption and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrkind, and Mayor SediVy; those voting No, none. Ordinance No. 946 - Amend Section 4.04.090 ORDINANCE NO. 946 AN ORDINANCE AMENDING SECTION 4.04.090 OF THE BOZEMAN MUNICIPAL CODE TO INCLUDE THE LICENSE FEE FOR TT--JE RETAIL SALE OF wnlE IN THE CITY OF BOZEMAN AND PROVIDING FOR AN EFFECTIVE DATE~ as prepared by the City Attorney to amend Section 4.04.090 of the Bozeman Municipal Code to include the license fee for the retail sale of ,-'ine in the City of BOzeman was presented. The City (',ommission found that an emergency existed and that the adoption of the ordinance was necessary for the preservation, peace, health, and safety, therefore, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind that Ordinance No. 946 be passed and I adopted and in full force and effective immediately upon its passage and adoption and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Unnumbered Resolution - Purchasing Oil From Montana Highway Department, Fiscal Year 1975 An unnumbered resolution authorizing the purchase of not to exceed 25,000 gallons of Road Oil duri.ng the fiscal year 1 July 1974 to 30 June 1975 - for use by the Street Department in repairing pavement and for sealing certain sections of existing pavement within the City from the Montana StRte Highway Department was presented as follows: ~!:2.Ql.!l'!'!.QB WHEREAS the City of Bozeman will have need during the fiscal year July 1, 1974 - June 30, 1975, for road oils for use in repairing streets and for sealing certain sections of existing pavement within the City, and WHEREAS the City of Bozeman does not have proper facilities for handling and storing the needed quantities of oils, and H'HEREAS the Montana State Highway Department does have storage facilities and normally does have quantities of the required types of oils stored in Bozeman from which it can supply the quantities needed by the City of Bozem'ln, NOW, THEREFORE, BE IT RES OL VE D: That an emergency does exist relative to the procurement of road oils by the City of Bozeman and the City Manager is hereby authorized to purchase from the Montana State Highway Department, from its stocks in storage in Bozema~ aproximately twenty-five thousand (25,000) gallons of road I oil, this to be purchased from time to time during the fiscal year July 1, 1974 - June 30, 1975, as needed by the City of Bozeman for repair and sealing of existing pavements, and these quantities of road oils to be purchased at cost plus normal handling charges. Said purchase is to be made from HB 254 and SR 362 "Gas Tax Funds". Passed and adopted by the City Commission of Bozeman, Montana, at a regular meeting of said Commission held on the 26th day of June, 1974. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No, none. 143 Execl1t ion of r.on l::ra c" ]):)~llmenf-s : SID No's. 530, 535. 536. 537, 538. 542. 1;,543 The contract documents for the construction of SID's. 530, 535, 536, 537, 538, 542, and 543 were presented. The Acting City Manager recommended that the contract documents be approved as presented. It was moved by Commissioner Vollmer, seconded by Commissioner Taylor, that the contracts be approved and the Mayor and Clerk of the Commission be authorized and directed to I sign the contracts for the City of Bozeman and that Bozeman Sand and Gravel df P~zeman be authorized and directed to proceed with the construction of SID's 530, 535, 536, 537, 538, 542, and 543 and that the bid security be returned to Bozeman Sand and Gravel and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrkind, and Mayor Sedivy; those voting No, none. Exchange r.1ub Fourth of .July Fireworks Show A letter received from Mr. T. C. Beyrodt, President of the Exchange Club, requesting permission to conduct the annual Fourth of July Fireworks display at the Gallatin County Fair- grounds on 4 July was presented. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that permission to stage the Fireworks display on Thursday, 4 July 1974, as requested be granted and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Taylor, C..ommissioner Lehrkind, Commissioner Vollmer, and }~yor Sedivy; those voting No, none. North Se"enth Side"t-mlks It was moved by ('..onnnissioner I.ehrkind, seconded by Commissioner Vollmer, that they rescend I the order to place sidewalks on Durston Road to Oak Street on the east side of North Seventh Avenue and from Durston Road to the Holiday Inn on the West side of North Seventh Avenue for a period of one year to be brought back for action in 1975. The motion was carried by the follmdng Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissione r Vollmer, ,... . . "omnl1SS loner Taylor. and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Con:unission at this time, i t ~\Tas moved by Cotrlmiss.ioner Vollmer, seconded by Commissioner Taylor, that the meeting be adjourned and the motion ~.ras carried by the follo,:.!ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Taylor. Commissioner T,ehrkind, and Mayer Sedivy; those voting No, none. / ----- ATTEST: --' JtSg Cormnission ':)- I 1~.d