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HomeMy WebLinkAbout1981-09-16 f)t!! MINUTES OF THE MEETI NG OF THE CITY COMMISSION BOZEMAN, MONT ANA September 16, 1981 ************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 16, 1981, at 1 :15 p.m. Present were Mayor MacNab, I Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Vollmer. The minutes of the regular meeting of September 9, 1981, were approved as sub- mitted. Open bids - Janitorial services for Library This was the time and place set for opening bids for janitorial services for the New Public Library. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I The following bids were then opened and read: Spic-an-Span, Bozeman $1,775.00 Bozeman Custodial Services, Bozeman $ 348.00 Gallatin Valley Maintenance, Belgrade $ 747.00 Continental Maintenance, Bozeman $ 600.00 Whistle-Clean Maintenance, Bozeman $ 900.00 Guardian Building Maintenance, Bozeman $ 627.50 Strobel's Cleaning Service, Bozeman $1,092.16 Big Sky Chem Dry, Belgrade $ 475.00 I t was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the Library Board for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Open bids ~ Vehicle Storage Building This was the time and place set for opening bids for a vehicle storage building for the City of Bozeman Water and Sewer Utilities. The affidavit of publication for the "Call for Bids" as advertised was presented. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff and Mayor MacNab; those voting No, none. 043 The following bid was then opened and read: Base bid Alternate No. 1 Tonca Construction Company, Bozeman $284,446.00 $29.]50.00 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I bid be referred to staff for review and a recommendation to be made at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Open bids - SI D No. 615 - sanitary sewer trunk - Burrup Annexation This was the time and place set for opening bids for Special Improvement District No. 615, sanitary sewer trunk in the Burrup Annexation. The affidavit of publication for the "Call for B ids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. The following bids were then opened and read: Schedule I Schedule II I Engineer's Estimate $190,000.00 $ 52,000.00 Dugdale Construction, Butte, Montana $192,860.76 $ 97,760.00 R. H. Grover, Inc., Missoula, Montana 138,806.00 49,920.00 JOhn-Boy Construction, 181,200.90 46,800.00 Bozeman, Montana Bell & Associates, I nc., Helena, Montana - 24,700.00 Lloyd Lockrem, Inc., Billings, Montana 191,519.73 43,680.00 Will not accept Schedule II without Schedule I Willco and Associates, Inc., - 46,280.00 Draper, Utah Wi II iams Brothers Construction 285,768.00 97,500.00 Lewistown, Montana It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to staff for review and a recommendation to be made at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Bond Sale - SID No. 615 - sanitary sewer trunk - Burrup Annexation - $400,000.00 The City Manager advised the Commission that, according to the affidavit of publica- I tion, this was the time and place set for the bond sale of SI D No. 615, sanitary sewer trunk in the Burrup Annexation, in the amount of $400,000.00. The Mayor and the City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for each district would be the same as the adver- tised amount. The Clerk of the Commission stated that there were no sealed bids. Ot.{1) It was announced that oral bids for the purchase of bonds for SID No. 615, in the amount of $400,000.00, would be received. No oral bids were received. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize and direct the Staff to negotiate the sale of bonds for SID No. 615, in the amount of $400,000.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- I sioner Stiff and Mayor MacNab; those voting No, none. Status Report - Negotiated bond sa Ie - SID No. 633 City Manager Evans stated that the Staff is still negotiating the bond sale for SID No. 633, in the amount of $158,000.00, and request permission to continue the negotiations. The City Manager also stated that it might be possible to decrease the bond sale by a slight amount. Mayor MacNab asked if any Commissioners had any objections to the continuation of negotiations for the bond sale for SID No. 633. No protests were received, and the Mayor stated that the Staff may continue negotiations. Nos. 633, 634 and 635 - sanitary sewer, storm sewer, water and pavin - laza City Manager Evans stated that, as a result of the status report on the negotiated bond sale for SID No. 633, and the continued negotiations for this bond sale, he would request that the award of bids for SI D Nos. 633, 634 and 635 for sanitary sewer, storm I sewer, water and paving in the West Main Business Plaza be deferred for a period of one week. Mayor MacNab deferred the award of bids for SI D Nos. 633, 634 and 635 for a period of one week, pending the negotiated bond sale for SID No. 633. Consider bids - Sludge Injection Equipment, Nurse Trucks and Service Truck (defer for one week; low bid is irregular) City Manager Evans stated that the consulting engineer has requested a one-week ex- tension on the award of bids for the sludge injection equipment, nurse trucks and service truck for the Waste Water Treatment Plant because of an irregularity in the low bid. No objections were received, and the Mayor deferred the award of these bids until the meeting to be held on September 22, 1981. Final Plat Approval - Amended Plat of the Rea Subdivision Assistant Planner Mike Money stated that, in the past, if no controversy has been expressed, the City Manager has signed all final plats for major and minor subdivisions. I Mike stated that he and City Manager Evans had discussed the matter, and the City Manager would feel more comfortable on signing the final plats for the major subdivisions if approval is first received from the City Commission. Mike Money stated that the Rea Townhouse Subdivision is located south of King Arthur Mobile Home Court. Mike stated that two conditions have not yet been complied with 045 regarding this subdivision: (1) regarding the placement of a culvert; and (2) a pedestrian path across a drainage ditch. He stated, however, that these two items are covered under the Conditional Use process which the development must go through. Also, the developer has submitted an I mprovements Agreement and a Letter of Credit for one and one-half times the amount of the improvements to be made. I Mike Money recommended approval of the final plat for Rea Townhouse Subdivision and authorization for the City Manager to sign the plat. The City Manager concurred in the recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the final plat for the Rea Townhouse Subdivision and that the City Manager be authorized to sign the final plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Request - Arno Green - one-year extension for preliminary plat of the "Ice Pond Townhouse" project City Manager Evans presented to the Commission a request on behalf of Arno Green for a one-year extension for the preliminary plat for the "Ice Pond Townhouse" project. The City Manager concurred in the recommendation of the Planning Staff, and recommended approval of the request for a one-year extension. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the I Commission approve the request on behalf of Arno Green for a one-year extension on the preliminary plat of the "Ice Pond Townhouse" project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Request for continuation of street board sign on the corner of Main and South Tracy - Church of Jesus Christ of Latter Day Saints (Mormons) City Manager Evans presented to the Commission a request on behalf of the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries for a two-month extension for the street board sign located at the corner of South Tracy and Main Street. The City Manager recommended that one final approval of an extension be granted, ending September 30, 1981. Commissioner Swanson asked if this recommendation was a result of the proposals submitted by the Bozeman Downtown Merchants Association. City Manager Evans stated that the Downtown Merchants Association has recommended a limit on the length of time that a sidewalk sign is displayed. The City Manager stated that the time limit on such signs is a decision for the City Commission to make at the time it I adopts a policy on sidewalk sales and signs. He stated that the impression he had received from the Bozeman Downtown Merchants Association is that they would recommend a sixty-day period for sidewalk signs. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission grant a final extension on behalf of the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries for the street board sign located at the corner of South Tracy o".r; ~., '\; ~. I and Main Street through September 30, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Commissioner Vollmer; those voting No being Mayor MacNab. Sign variance - 7 East Main - Jerry Miller City Manager Evans presented to the Commission a request on behalf of Jerry Miller I for a variance to the Sign Code for a sign to be located at 7 East Main Street. Building Official Gene Yde stated that the request consisted of two parts: ( 1) the proposed sign would project 5 feet from the bui Iding at a height of 10 feet; and (2) the proposed canvas awning would be 20 feet in length. Mr. Jerry Miller stated that the proposed sign would be metal and would list the five tenants located in the bui Iding. There would also be Off-sign lighting. The Building Official stated that he has no objections to the request. However, he cannot issue a permit as it does not meet the specifications listed in the Sign Code. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Jerry Miller to place a 20-foot canvas awning at 7 East Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the metal sign projecting 5 feet from the building, as requested on I behalf of Jerry Miller, to be located at 7 East Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commission Resolution No. 2349 - assessments for lighting districts City Manager Evans presented Comm ission Resolution No. 2349, entitled: COMMISSION RESOLUTION NO. 2349 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST OF BOZEMAN, PURSUANT TO THE PROVI SIONS OF SECT IONS 7-12-4328 TH ROUGH 7-12-4330 AN D 7-12-4332 THROUGH 7-12-4333, M.C.A., 1979. The City Manager stated that this resolution was based on the discussion held at the meeting of September 9, 1981, when the Staff had proposed assessing the landowners 87.5 percent of the charges for the lighting districts, and paying 12.5 percent of the costs from the City of Bozeman General Fund. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, to provision- I ally adopt Commission Resolution No. 2349, assessing 87.5 percent of the charges to the landowners for the lighting districts within the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. 047 Application for relicensing of gambling - Little John's, Inc. - July 1, 1981 to June 30, 1982 - 1 card table City Manager Evans presented to the Commission an application for relicensing of gambling, along with the required fee, on behalf of Little John's, Inc., for the period from July 1, 1981 through June 30, 1982. The City Manager stated that this appl ication is for I one card table only and recommended approval of the application. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application on behalf of Little John's, Inc., for relicensing of gambling for the period of July 1, 1981 through June 30, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Mayor MacNab stated that he feels the Commission should discuss and establish a policy for licensing the operator or dealer for the card table as well as the business establishment. Application for Raffle License - Ducks Unl imited - September 18, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of the Ducks Unlimited for a raffle to be held on September 18, 1981. To be raffled are several prizes from local merchants with an approxi- mate value of $500.00. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application on behalf of the Ducks Unlimited for a raffle to be held on September 18, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Authorize call for bids - Garage - Residence at the Waste Water Treatment Plant City Manager Evans presented to the Commission a request for permission to call for bids for one (1) garage to be located at the residence at the Waste Water Treatment Plant. The City Manager stated that this was a budgeted item for this fiscal year and recommended approval. The City Manager further stated that this residence is part of the compensation for the Waste Water Treatment Plant Superintendent and stated that it is important to main- tain this residence area. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Call for Bids for one (1) garage to be located at the residence at the Waste Water Treatment Plant. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Com- missioner Swanson and Mayor MacNab; those voting No, none. City of Bozeman Legal Defense Fund by the 0' b t, '+') Acknowledge receipt of $152.15 contribution to the City of Bozeman Legal Defense Fund by the First Baptist Church City Manager Evans stated that the City of Bozeman had received two contributions for the Legal Defense Fund, one in the amount of $100.00 from the Mount Ellis Seventh Day Adventist Church and one in the amount of $152.15 from the First Baptist Church. The City Manager stated that these two contributions were a result of previous discussions on I the obscenity issue. The City Manager then asked if the City wants to establish a fund and, if so, does the City apply these contributions against the past issues. He a I so noted the fact that the issue of an obscenity ordinance more restrictive than the State Code had been defeated in the primary election held on Tuesday, September 15, 1981. Mayor MacNab suggested the establishment of a Legal Defense Fund and place in it the expenditures which the City has made thus far on the case which relates to this matter. He stated that contributions could then be subtracted from these expenditures. Commissioner Mathre questioned the intent of these contributions. Commissioner Stiff stated that the contribution from the First Baptist Church has no strings attached to it. He recommended, however, that the Staff check with the Mount Ellis Seventh Day Adventist Church to find out what the intent was before accepting the contribu- tion. City Attorney Planalp stated that the City Commission is empowered to receive gifts. He further stated that the City should examine the idea of setting a precedent by accepting these contributions. He also stated that the intent of these contributions should be I . examined. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City Commission acknowledge and accept the contributions from the Mount Ellis Seventh Day Ad- ventist Church in the amount of $100.00 and from the First Baptist Church in the amount of $152.15 for the City of Bozeman Legal Defense Fund, provided there are no strings attached, and that the City of Bozeman establ ish a Legal Defense Fund to help defray past expendi- tures related to the obscenity ordinance and the licensing of such activities. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No I none. Request permission to attend - Fire Chief and Deputy Fire Chief - Montana Fire Chiefs' Con ference - Great Falls - September 23-25, 1981 City Manager Evans presented to the Commission a request on behalf of the Fire Chief and Deputy Fire Chief Lewis for permission to attend the Montana Fire Chiefs' Conference to be held in Great Falls on September 23-25, 1981. The City Manager stated that Deputy Fire I Chief Lewis's expenses would be paid by the Fire Chief's Association, and that Fire Chief Simpson's expenses are a budgeted item. He recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request of the Fire Chief and Deputy Fire Chief Lewis for permission o tt9' to attend the Montana Fire Chiefs' Conference in Great Falls on September 23-25, 1981 and, it being in the public interest, the expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No being Commissioner Vollmer. I Request permission to attend National Fire Academy - Firefighter Alan Scholes - Emmitsbrug, Maryland - October 5-16, 1981 City Manager Evans presented to the Commission a request on behalf of Firefighter Alan Scholes for permission to attend the "Incident Comand I" course to be held at the National Fire Academy in Emmitsburg, Maryland, on October 5-16, 1981. The City Manager stated that the expenses for which the City would pay are transportation to and from Billings and meals for the two weeks of school. City Manager Evans recommended approval of the request. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of Firefighter Alan Scholes for permission to attend the National Fire Academy in Emmitsburg, Maryland, on October 5-16, 1981 and, it being in the public interest, the expenses be paid from the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. , I t Mayor MacNab stated that the City Commission must appoint a voting delegate and al- ternate voting delegate to the Annual Congress of Cities to be held in Detroit, Michigan, on November 28 to December 5, 1981. The Mayor recommended that Commissioner Stiff be ap- pointed the voting delegate and that no alternate delegate be sent, and asked concurrence from the Commission. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in the recommendation of the Mayor and appoint Commissioner Stiff as the voting delegate to the Annual Congress of Cities to be held in Detroit, Michigan on November 28 to December 2, 1981, and that no alternate delegate be sent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Attendance at Montana League of Cities and Towns Convention - possibility of car pooling Commissioner Stiff asked about the pOSSibility of establishing some car pooling for the Montana League of Cities and Towns Convention to be held in Billings on September 23-26, 1981 . He also questioned the need for many of the people to attend on Wednesday, since the main program begins on Thursday rather than on Wednesday. 05C: Mayor MacNab noted that Mr. Dan Mizner, Director of the Montana League of Cities and Towns in Helena, will be retiring on June 30, 1982. He stated that the committee to select a new director has only two representatives from major cities in the state and feels that there should be some input from some of the other major cities. City Manager Evans stated that the legislative thrust of the League of Cities must be changed or some other organization should be considered to represent the cities in the state I during the sessions of the Legislature. The City Manager stated that he wants to lobby in this area and influence it as much as possible. Mayor MacNab stated that it would be best to car pool if possible; and if not, each person may take their own car. He stated that this could be established individually, rather than during the Commission meeting. Report on visitation to the Bozeman Creek Drainage Area properties - Commissioner Mathre, City Manager Evans and Assistant City Manager Barrick City Manager Evans stated that the visitation to the Bozeman Creek Drainage Area properties had been very professionally conducted. He stated that three Forest Service Rangers had attended, along with four City personnel: those being Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick and Assistant City Engineer Mann. The City Manager stated that the City owns approximately 5,000 acres in the Bozeman Creek Drainage area. The City Manager stated that this property was purchased from the Northern Pacific Railway on August 4,1941; and the City paid $2,366.99 for 4,733.98 acres. He stated that this payment was made from the Water Fund of the City of Bozeman. I The City Manager stated that the major concern in the watershed at this point is the pine beetle infestation. The Forest Service Rangers stated that the area infested by the pine beetle is increased by multiples of five, and at the present time, they estimate that 25 percent of the area is infested. The pine beetle attacks the mature lodge pole pine, which is the predominate tree in the watershed. The Forest Service recommendation is to engage a consultant for the timber of the watershed. There is also a large amount of firewood in the watershed. This wood is not lying directly on the ground, but is off the ground far enough that it is sti II good. Yellowstone Pine had done some logging in the watershed in 1959 and had left in a hurry, which highly disturbed the City of Bozeman at the time. This is also the area in which a large amount of the firewood is located. The City Manager proposed that the firewood be bid out to contractors--and not to private individuals for sale. The monies received from the sale of this firewood could then be used to hire a consultant to oversee the timber sale. The Forest Service has agreed to I assist the City as much as possible in the timber sale. They have volunteered to allow the City to utilize the results of the soils studies in the area and to follow the format of their agreements and contracts for timber sales. The Forest Service estimates that the income from the timber harvest could approach $200,000 to the City. A consultant could advise the 051 City on what areas should be cut, how and when to cut the timber, and supervise the operations. Mayor MacNab asked if the City could earmark the funds received from this timber sale for use to retire the Water Bond Issue which the City is presently considering. City Manager Evans stated that this could be one possible use for the funds. Another I possibility would be to establish a Capital Improvements Fund for the Water Utility. This would allow for the purchase of capital equipment as it is needed. The City Manager stated that it would take approximately two to three years to pre- pare for a timber sale. Commissioner Mathre stated that the Forest Service's main concern about the area is that it is not being managed. They have stated a wi lIingness to help get a management program started for the area. Assistant City Manager Barrick addressed the avai lable firewood in the area. He stated that he had approached one of the Forest Service Rangers concerning the amount of firewood in the area and the approximate value. The Forest Service Ranger stated that, in terms of sale to a commercial enterprise, the City would probably receive bids of between $5.00 and $10.00 per cord. He also estimated that there were between 1,000 and 3,000 cords of fi rewood . The monies available from this sale would be sufficient to hire a consultant and pay his fees through the timber sale. Assistant City Manager Barrick stated that the spruce bud worm is also present in a I portion of the area. He stated that this is not so damaging as the pine beetle, but it must also be controlled. The Forest Service stated that a large portion of the problem in the Bozeman Creek Watershed at the present time is due to the fact that there has not been a major fire in the area in over 100 years. Commissioner Stiff expressed concern about the vehicular traffic in the area and the possibility of being overrun. City Manager Evans stated that the City would oppose great vehicular traffic in the area and would closely monitor the removal of the firewood. Mayor MacNab directed the Staff to research the matter and bring back recommenda- tions as soon as possible. The City Manager stated that the City could draw up a contract for the removal of the firewood from the area which could be restricted to the contractor. Commission Resolution No. 2350 - Condemnation of Burlington Northern Right-of-Way for sanitary - sewer trunk City Manager Evans presented Commission Resolution No. 2350, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2350 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING THE NEED AND NECESSITY OF THE CITY OF BOZEMAN TO CONDEMN AN EASEMENT FOR SANITARY SEWER TRUNK FROM THE BURLINGTON NORTHERN RAILROAD. City Manager Evans stated that the City of Bozeman had attempted to negotiate with the Burlington Northern for purchase of an easement for a sanitary sewer trunk, but had or..; '.- .) /.. not been successful. He stated that the next step is condemnation of the property, and recommended approval of Commission Resolution No. 2350. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2350, condemning a portion of the Burlington Northern right-of-way for an easement for a sanitary sewer trunk. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner I Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Proclamation ~ "Constitution Week" - September 17-23, 1981 Mayor MacNab proclaimed the week of September 17-23, 1981, as "Constitution Week" in the City of Bozeman and urged all citizens to study the Constitution and to express gratitude for the privilege of American citizenship. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Absence of Commissioner Vollmer and Commissioner Mathre - meeting of September 30, 1981 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Com- missioner Vollmer and Commissioner Mathre be excused from the meeting of September 30, 1981 in compliance with Section 7-3-4349, M.C.A. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Announcement of Position Vacancy - Board of Adjustment Mayor MacNab announced that there is a position vacancy on the Board of Adjustment. All interested persons are requested to fill out an application form and return it to the Clerk of the City Commission by September 30, 1981. The Mayor also requested that the Clerk place an advertisement in the newspaper announcing the position vacancy. Claims Claims for the past three 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 be instructed to issue warrants in payment thereof. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, I Commissioner Swanson and Mayor MacNab; those voting No, none. File report - Bui Iding I nspection for August 1981 City Manager Evans stated that the Bui Iding I nspection monthly report for August 1981 appeared to be in order and recommended that it be accepted and ordered filed. 053 It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Building I nspection monthly report for August 1981 be accepted and ordered filed. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Adjournment - 2:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I ..