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HomeMy WebLinkAbout1976-02-04 428 Bozeman, Montana 4 February 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 4 February 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Fryslie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 28 January 1976, were approved as read. Continued Hearing - Vacation of Ida Street Action on the vacation of the alley between East Mendenhall and Lamme Street which is an ex- tension of Ida Street having been continued until a full slate of Commissioners were present to vote, was again presented for hearing. Mrs. Townsend appeared before the Commission to further explain the area in question. The City Engineer again recommended denial of the request for the vacation of the alley since it is constantly used by the City Garbage trucks. Following discussion, the Mayor declared the hearing closed and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission deny vacation of the alley between East Mendenhall and Lamme Streets which is an extension of Ida Street. The motion was carried by the following Aye and No vote: those voting aye being Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No -being Commissioner Taylor and Commissioner Vandeventer. Confirmation of Firefighters Effective 1 February 1976 A letter received from the Fire Chief stating that the following Fire Fighters had satisfact- orily completed the required one year probationary period and recommending that they be confirmed as regular fire fighters, effective 1 February 1976, was presented. Edward J. Collins Howard E. Hougland Larry G. Hancock Thomas P. Shane, Jr. The City Manager concurred in the recommendation of the Fire Chief and it was moved by Comm- issioner Sedivy, seconded by Commissioner Taylor, that the above be confirmed as regular fire fighters effective 1 February 1976, and that they be congratulated on completing the one year probationary period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissione~ Lehrkind and Mayor Vollmer; those voting No, none. Continued Consideration - Agreement with State, Regarding Plumbing Inspections The Agreement whereby the Board of Plumbers of the Department of Professional and Occupational Licensing, State of Montana, enter into an Agreement with the City of Bozeman for the purpose of- ""- providing complete and effective regulations of the installation and maintenance of plumbing and to enforce the plumbing code of the State of Montana, having been continued was again presented for action. The Building Inspector explained the Plumbing Code is not to be enforced unifonnally for all plumbing as formerly advised. The plumbing code is to be enforced as it always has been, strictly for the Master Plumber. Therefore, the Building Inspector recommended that the City of Bozeman not enter into the Agreement. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Building Inspector, also concurred in by the City Manager, and not enter into the Agreement with the State of Montana Board of Plumbers of the Department of Prof- essional and Occupational Licensing in collecting and sharing a portion of the fees. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commiss- ioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Hearing, Commission Resolution No. 1773 - Vacate Alley, Juniper to Aspen Street, 7th to 8th Ave. This was the time and place set in Commission Resolution No. 1773 for the hearing of protests to vacating the alleyway dedicated in Block 2, Durston's Second Subdivision less the north 165 feet previously vacated by Ordinance No. 903, plus the 25 foot alleyway dedicated by Ordinance No. 903, running East and West along a centerline 177~ feet south of and parallel to the North line of said Block 2 on North Eighth Avenue, easterly to the East line of the existing alley in said Block 2, Durston's Second Subdivision to the City of Bozeman. Affidavit of publication of notice and the Clerks mailing certificate stating that all property owners had been notified as required by law were presented. A conditional protest was received from Mrs. Laura Mae Brunton on the East West portion of the area. I I I I I I 429 Larry W. Moran, Attorney for Mrs. Brunton appeared before the Commission to request a two week extension in order that Mrs. Brunton will be given the opportunity to check with a prospective buyer and possibly withdraw her conditional protest. Edmund P. Sedivy, Jr., appeared before the Commission on behalf of Mr. Robert Graf and agreed upon continuing hearing for a period of two weeks. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkin , that the Commission continue the hearing on Commission Resolution No. 1773 for a period of two weeks to give Mrs. Brunton the opportunity to check with the prospective buyer and possibly withdraw her conditional protest. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer; those voting No, none. Hearing. Commission Resolution No. 1774, SID 558 - Paving Figgins Addition This was the time and place set in Commission Resolution No. 1774. to hear protests to the creation of Special Improvement District No. 558. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. It was moved by Comm- issioner Lehrkind, seconded by Commissioner Sedivy. that City Attorney Berg be instructed to draw up the necessary resolution to create the district, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner ~andeventer and Mayor Vollmer; those voting No, none. Hearing. Conditional Use Permit - R. Rhoades This was the time and place set for a public hearing to consider the request of Mr. Ray Rhoades for a Conditional Use Permit to allow him to convert the existing Mannix Electric Building (a non- conforming use) to a wholesale and retail sales establishment (Specifically a paint store) also a non-conforming use. After review of the staff findings and the petitioner's comments, the Zoning Commission voted to recommend approval of the request with the following conditions. 1. That if the open storage is to be used, then, fencing consisting of a solid or semi-solid eight (8) foot high fencing around the storage area should be installed. 2. That signing be limited to a flush building sign on the front of the building. 3. That all parking, paving, fencing and landscaping improvements be installed installed within nine (9) months of the time a conditional use permit is issued. Following a discussion, it was moved by Commissioner Sedivy. seconded by Commissioner Vande- venter. that the Commission concur in the recommendation of the Zoning Commission and approve the request 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. Commissioner Taylor abstained. Hearing. Conditional Use Permit - G. Dailey Build Cabinet Shop building Adjacent to Gallatin County Auto Graveyard. This was the time and place set for a public hearing to consider the request of Gregory Dailey for a conditional use permit to convert an auto repair shop to a cabinet shop on a portion of Tract 28 in the Gordon Mandeville State School Section Subdivision located on Meadow Lane between the County Junk Car site and the Edsall Construction Yard Site. Having reviewed the staff's report and the petitioner's comments. the Zoning Commission voted to recommend approval of the request subject to the following conditions: 1. That signing be limited to the anticipated roof sign. 2. That four parking spaces be provided as shown on the enclosed site plan. 3. That the parking area be improved in accordance with the decision of the Board of Adjustment and within nine months of that decision. However, in no case shall the pprking area. along with all ingress and egress of that parking. be improved to a lesser extent than a three inch cover of gravel (1" minus type). Following a discussion, it was moved by Commissioner Taylor. seconded by Commissioner Vandeventer. that the Commission concur in the recommendation of the Zoning Commission and approve the Conditional Use Permit with the above conditions. 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. Lease Renewal - United Commercial Travelers, Old Elk's Country Club. A Lease Agreement between the United Commercial Travelers. Council 721, Bozeman, and the City 4'"10 . tJ ... of Bozeman for the renewal of the lease of the City of Bozeman Country Club building on East Curtiss Street and Golf Way was presented. The rental of which is $100.00 per month during the term of the Lease ispayable in advance on or before the 10th of each and every month. Following a discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the lease agreement be renewed for a period of two years. Commissioner Sedivy ammend- ed the motion to renew the lease for a period of three years. Commissioner Lehrkind seconded the amended motion. Thosevoting Aye on the amendment being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Vollmer; those voting No, being Commissioner Taylor. Those voting Aye on the amended motion being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer; those voting No, none. Bik-A-Thon '76' - Big Brothers and Sisters of Gallatin County, 29 May 1976. A letter received from David a Tone, Director of Big Brothers and Sisters, requesting permission to conduct a "BIK-A~THON '76" on Saturday, 29 May 1976, was presented. It was moved by Commissioner Lehrkin~ seconded by Commissioner Sedivy, that permission to conduct the fund drive as stated above be approved. 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. Report: The City Manager commented on the report of the Police Chief and recommended acc'eptance thereof. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the report of the Police Chief be accepted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Taylor, Commissioner Vandeven- ter and Mayor Vollmer; those voting No, none. A Glen White, Consideration of Tennis Court Proposal Recreation Director A. Glen White appeared before the Commission on behalf of the Community Recreation Board for the purpose of placing before them, a tennis court proposal in the approximate amount of $30,000.00. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the tennis court proposal and that following a study of the proposal it again be presented for action. 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. A Glen White - Promotion Activity for the purpose of Creating Interest in New 50 Meter Pool Recreation Director A. Glen White then presented a proposal for promoting the new fifty meter pool. Following a discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the pool manager be granted permission to invite schools and neighboring cities and towns of Gallatin, Park and Madison Counties to use the indoor pool free on a one shot basis. The schools would use the pool on a Friday and the Cities and Towns on a designated Saturday afternoon. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor 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 Lehrkind, seconded by Commissioner Sedivy, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Comm- issioner Sedivy, Commissioner Taylor, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. ....'..... - ,.. 4Z#-~ t:;u ..~J_{'--~__LA:_J Cl~S W. VOLLMER, Mayor ATTEST: - ~ :;/#7/"'-./ ~ . , ERNA V. HA lNG, Clerk of City Commission I I I