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HomeMy WebLinkAbout1981-08-26 001 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 26, 1981 *********************** The Commission of the City of Bozeman met in regular session in the Commission I Room, Municipal Building, August 26, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Stiff and Commissioner Swanson were absent in compliance with Section 7-3-4349, M. C. A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Vollmer. The minutes of the regular meeting of August 19, 1981 were approved as corrected. Absence of Commissioner Swanson It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that Com- missioner Swanson be excused from this meeting in compliance with Section 7-3-4349, M. C. A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. Ordinance No. 1076 - Appropriation Ordinance I City Manager Evans presented Ordinance No. 1076, entitled: ORD I NANCE NO. 1076 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDI NG JUNE 30, 1982. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1076, appropriating funds for the Fiscal Year ending June 30, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Consider bids - SID 636 - Pave two blocks of Peach Street City Manager Evans stated that this was the time to consider the bids for Special Im- provement District No. 636, for the paving of two blocks of Peach Street between Rouse Avenue and Wallace Avenue. The City Manager read the recommendations from the City Engineer and consulting engineer, both of which recommended rejection of both bids in that they were both above the engineer's estimate, as shown: I Schedule I Schedule II Engineer's Estimate $ 92,222.00 $ 8,528.25 Long Construction Co., Inc., Bozeman $125,794.50 $ 19,215.00 Big Sky Paving Co., Inc., Bozeman $123,086.60 $ 11,801.55 (} (-, 'j I,.. I_- I t was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the Commission reject all bids for Special Improvement District No. 636, for the paving of two blocks of Peach Street, because of the amount by which they exceed the Engineer's Estimate. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. Consider bids - janitorial service for New Public Library I City Manager Evans presented to the Commission the recommendation from the Library Board regarding award of the bid for janitorial service for the New Public Library. The City Manager stated that the Library Board had reviewed the bids and the specifications, and it was their feeling that the specifications should be redrawn because too much was required to be done too often in the original specifications and this, in turn, increased the costs of the bids for janitorial services. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that all bids for janitorial services for the New Public Library be rejected and that the Staff be instructed to submit new specifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Findings of Fact - for sewer rates City Attorney Planalp stated that the Findings of Fact for the proposed sewer rate I increase must be passed and adopted prior to the adoption of Ordinance No. 1080, setting the new sewer rates. He stated that Mr. William E. O'Leary, the City's Rate Attorney from Helena, had prepared the Findings of Fact for adoption by the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the Commission pass and adopt the Findings of Fact for the proposed sewer rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. Ordinance No. 1081 - Sewer rules and regulations City Manager Evans presented Ordinance No. 1081, as prepared by the City Attorney, entitled: ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, ENACTING SEWER SERVICES RULES, REGULATIONS, LAWS AND OR- DINANCES PRESCRIBED BY THE CITY COMMISSION OF BOZEMAN, MONTANA, FOR THE CITY OF BOZEMAN SEWER UTILITY DIVISION EFFECTIVE OCTOBER 1, 1981, AND THEREBY AMENDING AND ENACTING RULES 1 THROUGH 6 AND AMENDING AND ENACTING SECTIONS 10.16.010 THROUGH 10.21.150 OF THE BOZEMAN MUNICIPAL CODE. I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1081, enacting rules and regulations for the Sewer Utility Division. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 003 City Manager Evans stated that this was the time and place for the continued public hearing on the Proposed Amendment to the Bozeman City-County Planning Area Subdivision Reguations - Provide for Sediment and Erosion Control Review Requirements as prepared by I the City-County Planning Staff. Assistant Planner Mike Money reviewed the Staff Report for the Commission; stating that this matter had been before the Commission in May, and had been tabled until some questions were answered. Commissioner Mathre asked if this process would be for just stream altering or if it would apply in other situations as well. Mike Money stated that it would apply to other situations as well. He stated that during any major construction; temporary erosion control would be required during the construction period. Mayor MacNab reopened the public hearing. City Engineer Arthur Van't Hul stated that he had had some concerns regarding the effect this proposal would have on the Special Improvement Districts. He stated that he does not feel that it would affect the SID's. He does feel that it is important in the planning of a subdivision. Commissioner Vollmer asked if the Fish and Game Department has any jurisdiction over any pa rt of the river. I City Engineer Van1t Hul stated that the water and stream banks are the only portion over which the Fish and Game Department has jurisdiction. Mayor MacNab closed the public hearing. A decision will be forthcoming next week. Continued public hearing - Proposed Master Plan Amendment Procedures City Manager Evans stated that this was the time and place for a continued hearing on the Proposed Master Plan Amendment Procedures, as submitted by the City-County Planning Staff. Assistant Planner Mike Money presented the Staff Report. He stated that this was also before the City Commission and County Commission in May and had been tabled due to some changes desired by the County Commission. He stated that the Planning Board has now reviewed the changes. Mayor MacNab reopened the continued public hearing. No one was present to speak in support of or in opposition to the proposed Master Plan Amendment procedures. Mayor MacNab closed the public hearing. A decision will be forthcoming next week, I when a full Commission will be present. Discussion - Chamber of Commerce (Bill Ewasiuk) - Transportation Planning City Manager Evans stated that the Chamber of Commerce had requested an opportunity to speak to the City Commission regarding transportation planning. OD1r Mr. Bill Ewasiuk, Vice President of the Chamber of Commerce, spoke to the Commission regarding the need for street improvements within the City. He cited specifically the problems around Summit Engineering. He stated that they are considering expanding, but will not do so unless better access is provided to their business location. Also, they are looking at other locations to move their plant to so that the access is better and expansion is possible. I Commissioner Mathre asked what part the City should play in the matter or what should be done to facilitate action. City Manager Evans recommended that a subcommittee be appointed, comprised of two City Commissioners and the City Manager to meet with various parties to explore feasible alternatives to the traffic problems in the city. Commissioner Vollmer stated that at the present time, extending South Seventh Avenue to South Third Avenue would be the most feasible and should be done first. Mayor MacNab appointed Commissioner Mathre and himself to a subcommittee to work on the problems with streets within the City. He also thanked Bill Ewasiuk for his presentation. Discussion - Forest Service - visitation to Bozeman Creek Drainage properties City Manager Evans stated that he had spoken with John Dolan from the Forest Service, and they had set a tentative time for visitation to the Bozeman Creek Drainage properties by various persons from the City Commission and management. The tentative date I set was September 11, 1981, leaving at 8:30 a.m. and returning between 3:00 p.m. and 4:00 p.m. Travel to the site will be via Forest Service vehicles. The City Manager further stated that he had received a request from a City Commis- sion candidate for permission to participate in this visitation. He also stated that whoever attends that is not an elected official or employee of the City would have to sign a waiver absolving the City and the U. S. Government of any liability. Mayor MacNab requested that the matter be brought back to the Commission next week so that all five members are present for the decision on this matter. Discussion - Economic Growth Policy - (Commission's desires as to wording; resulting from Chamber of Commerce proposal) City Manager Evans stated that the Economic Growth Policy, as adopted by the Chamber of Commerce, is alright, but it is a general policy. He feels that the City Commission may desire a more specific policy. Commissioner Vollmer stated that the City needs the tax base that additional business and industry would create. I Commissioner Mathre expressed her concern about the City of Bozeman turning into a boom town. Mac Bryant, Manager of the Chamber of Commerce, stated that the concerns expressed by Commissioner Mathre are addressed in the Chamber of Commerce policy. He stated that they share the same concern, especially the water supply. 005 Mayor MacNab requested that the matter be brought back before the City Commission next week, when all five members are present. Appoint committee to draft an obscenity ordinance Commissioner Mathre submitted the following names of persons whom she recommended I to serve on the committee to draft an obscenity ordinance. She stated that each of the people recommended has studied the proposed ordinances and has some knowledge of the ob- scenity - First Amendment rights controversy. 1. Rick Sorum - Citizens for Decency spokesman 2. Alvin House - House of Time. Evangelical Ministerial Association 3. Lou Engle - Minister, First Baptist Church; Gallatin County Ministerial Association Chairman 4. Joyce Hynes - Special Education Supervisor. School District No. 7 (ACLU member) 5. Art Carey - Librarian at MSU 6. Tom Wessel - MSU professor; local chairman of the ACLU The obscenity ordinance to be drafted is to be submitted to the City Commission at its meeting on September 16 for review and possible adoption. Mayor MacNab concurred in the appointments to the committee to draft an obscenity ordinance as submitted by Commissioner Mathre. It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the Commission concur in the appointments to the committee to draft an obscenity ordinance to be submitted to the City Commission for review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor I MacNab; those voting No. none. Authorize Mayor to sign - utility agreement for water lines between City and State - North 19th City Manager Evans presented to the Commission a utility agreement between the City of Bozeman and the State, covering changes in the water utility lines located along North Nineteenth Avenue. and recommended that they authorize the Mayor to sign the agreement. It was moved by Commissioner Mathre. seconded by Commissioner Vollmer. that the Commission authorize the Mayor to sign the utility agreement between the City and the State for changes in the water utility lines located along North Nineteenth Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vollmer and Mayor MacNab; those voting No, none. Change Order No.1 - Elevator Addition. City Hall - add $767.22 City Manager Evans presented to the Commission Change Order No. 1 for the Elevator Addition at City Hall. The change order is to install a sump pump and to install a ramp at the southwest entrance to the City Hall. in a total added amount of $767.22. I It was moved by Commissioner Vollmer. seconded by Commissioner Mathre. that the Commission approve Change Order No. 1 for the Elevator Addition at the City Hall and that the Mayor be authorized to sign the Change Order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer. Commissioner Mathre and Mayor MacNab; those voting No. none. ODS Appointment to the Zoning Commission Mayor MacNab announced his appointment of Kenneth Spain to the Zoning Commission, with his term lending June 30, 1983. He replaces Ross Bruner. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in the Mayor's appointment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor I MacNab; those voting No, none. Application for Raffle License - Muscular Dystrophy - August 28, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of Muscular Dystrophy for a raffle to be held on August 28, 1981. To be raffled are a $50 gift certificate at Bridger Mountain Portraits. a $100 weekend for two at Big Sky and a $10 gift certificate at OK Hardware. It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the Commission approve the application for a raffle license on behalf of Muscular Dystrophy for a raffle to be held on August 28, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. Application for Raffle License - Fraternal Order of Eagles - September 27, 1981 City Manager Evans presented to the Commission an application for a raffle license, I along with the required fee, on behalf of the Fraternal Order of Eagles for a raffle to be held on September 27, 1981. To be raffled is one fly rod and reel, valued at $60.00. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for a raffle license on behalf of the Fraternal Order of Eagles for a raffle to be held on September 27, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Request - Montana Power Company - North Grand. Kirk Park and Recreation Complex - August 26 and 29, 1981 - open container ordinance City Manager Evans presented to the Commission a request on behalf of Montana Power Company for a waiver of the open container ordinance so that beer may be served at the Montana Power Softball State Tournament. The requested times and places for the waiver of the open container ordinance are as follows: August 26 5:30 p.m. - 7:30 p.m. North Grand ballfield August 29 8:00 a.m. - 6:00 p.m. Kirk Park ballfield August 29 8:00 a.m. - 11:00 p.m. Bozeman Softball Complex I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer. that the Commission approve the request on behalf of Montana Power Company for a waiver of the open container ordinance to serve beer on August 26 between 5:30 p.m. and 7:30 p.m. at the North Grand ballfield and on August 29 between 8:00 a.m. and 6:00 p.m. at the Kirk Park ballfield and between 8:00 a.m. and 11 :00 p.m. at the Bozeman Softball Complex. The 007 motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre and Mayor MacNab; those voting No, none; Commissioner Vollmer abstained. Commissioner Vollmer abstained because he works for Montana Power Company; and he is serving on the committee which is organizing the annual Montana Power Softball State Tournament. I Request - permission to attend Montana Fire Prevention meeting - Helena - September 9-10, 1981 - Lee Lewis City Manager Evans presented to the Commission a request for permission for Deputy Fire Chief Lee Lewis to attend the Montana Fire Prevention Association meeting to be held in Helena on September 9-10, 1981. The City Manager stated that this was a budgeted item. It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the Commission approve the request for permission for Deputy Fire Chief Lee Lewis to attend the Montana Fire Prevention Association meeting to be held in Helena on September 9-10, 1981 and, it being in the public interest, his expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance I be instructed to issue warrants in payment thereof. Commissioner Mathre had a question regarding the Montana League of Cities and Towns claim. She asked whether or not the City paid for spouses to attend the Convention and stated that she felt a policy should be established before the claim is paid. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved, excluding the Montana League of Cities and Towns claim in the amount of $765.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. File report - B road Valleys Federation of Libraries - July 1981 City Manager Evans stated that the Broad Valleys Federation of Libraries report for July 1981 appeared to be in ordered and recommended that it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Mathre, that the report be accepted and ordered fi led. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none. I Adjournment - 2:25 p.m. There being no further business to- come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the meeting be ad- 0')0 <. I tJ jou rned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB I Mayor ATTEST: ROB I N L. SU LLlV AN Clerk of the Commission I I