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HomeMy WebLinkAbout1976-03-10 I I I 441 Bozeman, Montana 10 March 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 10 March 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Frys1ie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the Meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 3 March 1976, were approved as read. Hearing, Comm. Res. No. 1779 - Intent to Create SID No. 559, Paving 15th Ave from Babcock to Koch Comm. Res. No. 1780 - Creating SID No. 559, Paving 15th Ave. from Babcock to Koch This was the time and place set in Commission Resolution No. 1779 to hear protests to the creation of Special Improvement District No. 559, paving South Fiftheenth Avenue between West Babcock Street and West Koch Street. Affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law was presented. There were no protests on file and no one appeared to protest verbally. COMMISSION RESOLUTION NO. 1780 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 559 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERTO; ALSO CONSTRUCTION AND INSTALLATION OF NECESS~ ARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECES- SARY TO STORM DRAINAGE ON SOUTH FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. as prepared by the City Attorney was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1780 creating Special Improvement District No. 559, paving South Fifteenth Avenue between West Babcock Street and West Koch Street to the City of Bozeman be passed and adopted. 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, being none. Consideration of Bids - Street Sweeper, The 3 lower Bids did not meet specifications. After tabulation and checking all bids submitted for the purchase of a 1976 three cubic yard street sweeper with a trade-in for the Street Department, the Street Superintendent recommended that the bid of Pioneer Equipment Company of Butte, on a Mobil Model 2TE3 Street Sweeper in the amount of $34,118.00 be accepted as the best bid submitted and equaling or e~ceeding the specifications as contained in the "Call for Bids." The three lower bids submitted did not meet the bid specifications in the "Call for Bids" for the Street Sweeper. In concurrence with the recommendation of the Street Superintendent, also concurred in by the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission reject the three lower bids as not meeting the specifications in the "Call for Bids" and the purchase be awarded to Pioneer Equipment Company of Butte, on a model 2TE3 Street Sweeper in the amount of $34,118.00 with the trade in, as being the best bid submitted and equaling or exceeding the specifi- cations as contained in the "Call for Bids." The motion was carried by the followint Aye and No vote; those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commiss- ioner Lehrkind and Mayor Vollmer; those voting No, none. Hearing - Conditional Use Permit - Kwik-Way, Inc. , This was the time and place set for a public hearing to consider the request of KWikway, Inc., for a conditional use permit to erect a neighborhood grocery store on the westerly portion of Lot 1, Block 6, Thompson's 4th A,ldition to the City of Bozeman, located at the northeast corner of Kagy Blvd., and Willson Avenue. Douglas Jenkins, Manager of Kwik-Way, Inc., was present to explain the tract is located at the intersection of South Willson Avenue and Kagy Blvd, and is presently zoned B-l-T Zone. The proposed neighborhood store is a permitted use in the B-1 district, but because this particular B-1 district is also a transition district, the proposal is required to go through the conditional use process. Following a thorough discussion, the Mayor declared the hearing closed and it was moved by Comm- issioner Vandeventer, seconded by Commissioner Lehrkind, that the Commission concur with the Planning Board's suggestion to issue a conditional use permit but that they not change the access to the Kwik- Way, Inc., from Kagy Blvd. The access would remain on Kagy Blvd., and not be changed to Willson Avenue. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer; those voting No being Commissioner Sedivy. Commissioner Taylor abstained. 442 Request for Fire Code Variance - Burgess Enterprisest 315 East Main Street A letter received from Burgess Enterprisest 1820 North Seventh Avenuet Bozemant requesting a variance to construat a "Model Log" front on a piece of property located at 315 East Main Street and to be used as a tourist shop specializing in Montana products, was presented. Phillip Burgess was present to discuss the variance and answer any questions. Donald Barrickt Building officialt was present and explained that even though the store front leaves something to be desired, the proposed "Model Log" front would only compound the potential fire hazard. Following a thorough discussion, Commissioner Lehrkind moved that the Commission grant the variance but that Burgess Enterprises be required to build a two hour rated wall on the front of the store, and that the f\t'ont of the store then be constructed with the whole log, rather than the half log, on the outside of the building. The motion was seconded by Commissioner Sedivy. 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. Authority to Call for Bids - Truck for Park Department The Park department has need for a new 1976 two-wheel drive pickup and the City Manager re- quested authorization to call for bids for the purchase of the pickup. It was moved by Commissioner Sedivy, seconded by Commissioner Taylort that the purchase of a new 1976 two-wheel drive pickup be authorized, and the Clerk of the Commission be directed to issue a "Call for Bids'! for the purchase, to be opened on Wednesday t 24 March 1976. 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 No~U(me.., Authority to Call for Bids - Hydrostatic Lawn Mower - Cemetery The Cemetery department has need for a new Hydrostatic Driven Rotary lawn mower and the City Manager requested that the purchase be authorized. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the purchase as requested be authorized and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase of the new Rotary lawn mower, to be opened on Wednesday, 24 March. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkindt Commissioner Sedivy and Mayor Vollmer; those voting No, none. Authority to Attend Small Cities and Congressional City Conference - Washingtont D. C., 13-16 March 1976 - Commissioner Sedivy The tenth annual Congressional City Conference is scheduled to be held in Washington, D. C.t 14 March to 16 March, and the City Manager recommended that Commissioner Sedivy be authorized to attend the conference on behalf of the Montana League of Cities and Towns andt it being in the public interest his expenses be paid from the appropriate fund. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commissioner Sedivy be authorized to attend the conference, 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. Leave for City Manager - 15-19 March 1976 The City Manager requested that he be granted vacation leave of absence from 15-19 March 1976, and that the Assistant City Manager be designated to perform the duties of the City Manager during this time. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the request be granted and the Assistant City Manager be designated as the Acting City Manager during this period. 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 No, none. Request to Sell Poppies 21-22 May 1976 - American Legion Auxiliary A letter received from Mrs. R. Harry Morrow, Poppy Chairman, American Legion Auxiliary, re- questing permission to sell poppies 21-22 May 1976, was presented. It was moved by Commissioner Taylort seconded by Commissioner Vandeventer, that permission be granted the American Legion Auxiliary to sell poppies as indicated above, and 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. Zone Code Interpretation - Retail in M-l Zone (Include bars aDd restaurants A letter received from Rick Mayfield on behalf of Donald Frye, Jr., and Douglas R. Lutz, owners and operators of the Haufbrau Restaurant, in connection with locating an additional Haufbrau Restaur- I I I I I I ant on NHrth Rouse Avenue was presented. The property is zoned M-l zone, commercial-light manu- facturing, which allows retail establishments as a conditional use. Mr. Mayfield requested the Commission to make an interpretation of the uses in the M-l zone. The Planning staff having researched the definition of bars, restaurants, and retail estab- lishments found that although bars and restaurants could be considered retail establishments, they are sufficiently distinct from the generality of retail establishments and should be separately defined, classified and in fact excluded from some commercial districts and in particular the M-l zone, and therefore recommended that the City Commission interpret the definition of retail sales establishments to exclude bars, taverns, cocktail lounges, restaurants, cafes, and drive-in eating es tablishments. Following a thorough discussion, the Commission concurred in the recommendation of the Planning staff, also concurred in by the City attorney, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the City Commission acknowledge receipt of the request, but that the City Commission redirect the process to the Zoning Commission to consider amending the zoning code rather than the City Commission make a Zone code interpretation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Comm- issioner Taylor, Commissioner Vandeventer and Mayor Vollmer; those voting No, none. Authority to Purchase 5.000 feet Copper Tubing - Approximately $3,000.00. The Water department has need for 5.000 feet of copper tubing and the City Manager requested authorization to purchase the copper tubing at an approximate cost of $3,000.00. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the City Manager be granted authorization to purchase the copper tubing , and 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 No, none. Proclamation, "Older Workers Week" - 8-12 March 1976 Mayor Vollmer proclaimed the week of 8-12 March as "National Bnploy the Older Worker Week" in Bozemanur,ging all employers of the area to give special consideration to the skills and qualifica- tions of those men and women forty years of age and older. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the proclama- tion as requested be endorsed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind and Commiss- ioner Sedivy; those voting No, none. Raffle License Application - Easter Seal Society The City Manager presented an application from the Easter Seal Society for crippled children and adults of Montana along with the required fee of $15.00 for the purpose of holding a raffle on 15 April 1976. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the Commiss- ion approve the application for the raffle license, 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. Sale of Shamrocks for Muscular Dystrophy - 18 March 1976, Rainbow Girls A letter received from the Rainbow Girls, requesting permission to se&l shamrocks for muscular dystrophy in the downtown area and shopping centers on 18 March 1976, was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Taylor, that permission to con- duct the fund drive be granted and the motion was carried by 'the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Taylor, Commissioner Vandeventer, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Commission Res. No. 1781 - Intent to Annex Summit Engineering Site - Hearing 7 April 1976 Commission Resolution No. 1781 declaring the City Commission's intention to extend the boundaries of the City of Bozeman to include a tract of land in the Northeast \ of Sec. 24, T2S, RSE, MPM., to the City of Bozeman and known as the Summit Engineering site, entitled: COMMISSION RESOLUTION NO. 1781 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTINGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIN- GUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. 443 44L1 It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer. that the Commiss- ion Resolution be passed and adopted as recommended, and that 7 April be the date set for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Taylor. Commissioner Vandeventer, Commissioner Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none. Ordinance No. 960 - Vacate Alley - Block 2 Durston's Second Subdivision ORINANCE No. 960 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION OF THE NORTH-SOUTH ALLEY IN LOT 12. BLOCK 2. OF DURSTON'S ADDITION SECOND SUBDIVISION TO THE CITY OF BOZEMAN. as prepared by the City Attorney was presented. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Ordinance No. 960, vacating a portion of the alley in Durston's second Subdivision be passed and adopted, and 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. Reports. The following reports were presented. Fire Chief Police Judge The City Manager commented on the above reports and reco~ended they be accepted and ordered filed. It was moved by Commissioner Vandeventer. seconded by Commissioner Lehrkind, that the reports be accepted and ordered filed. The motion was carried by the following Aye Vote: those voting Aye being Commissioner Vandeventer. Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer; those voting No, none. Claims Claim No. 22809 thru 22998 and 5857 thru 6055 inclusive, were presented. Cemetery Cemetery suspense Garbage General Library Park Parking Meter Planning Board SDS SID's $ 1,121.96 300.00 5,532.70 17.069.67 2,157.49 1,821.89 182.98 806.50 2,558.07 17,129.40 Street Water BOR (Lindley) Dr. Educ. Fed. Library Fire Swimming Pool Store 1974W&C. Total $ 2,411. 51 3,733.69 1,428.85 2.093.40 684.35 6.507.65 4,855.14 349.34 2 . 38 9 . 8 3 $73,134.42 The City Manager checked the claims and found them to be true and lawful claims against the City of Bozeman and recommend~ they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Lehrkind. seconded by Commissioner Sedivy, that the claims be approved as presented and the motionw as carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, 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 Sedivy, seconded by Commissioner Taylor, that the meeting be adjourned and the ~tion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioler Lehrkind and Mayor Vollmer; those voting. No, none. /. ~ ) /~(,~tu, 6'.-e.C~ ()JAMES~-W. VOLLMER, Mayor ATTEST: I I I