Loading...
HomeMy WebLinkAbout1981-11-04 1 '1; I i,...... '! MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 4, 1981 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 4,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Stiff was excused in compl iance 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 October 28, 1981, were approved as corrected. Public hearing - Cook-Bell Real Estate - Zone Map Change - R-2 to R-O This was the time and place set for a public hearing on a request for a Zone Map Change from R-2 to R-O on behalf of Cook-Bell Real Estate. The area to be considered for rezoning is known as Tract "C" of Certificate of Survey No. 558. It is located in the SE! of Section 9 and the NEt and NWt of Section 16, Township 2 South, Range 5 East, M.P.M., Bozeman, Gallatin County, Montana. It is located in the Burrup Annexation, which is situated between U.S. Highway No. 10 and Interstate 90 as they parallel each other leaving the city to the east. I Mike Money, Assistant Planner, presented the Planning Staff's report. He stated that the Zoning Commission had requested that the Planning Staff contact Mr. Ganzer, who owns the property adjacent to this parcel. To date, the Planning staff has not been in contact with Mr. Ganzer. Mr. Money stated that one person had stated a verbal protest, and a petition of support for the request containing thirteen signatures was presented to the Zoning Commission. Following further discussion, the Zoning Commission had recommended approval of the request. Mayor MacNab opened the publ ic hearing. No one was present to speak in support of, or in opposition to, the proposed Zone Map Change. Mayor MacNab closed the publ ic hearing. City Manager Evans recommended that, there being no protests to the proposed Zone Map Change, the Commission waive the one-week interval and approve the request. Commissioner Swanson stated that, because he was the selling broker for this parcel of land, he would abstain from voting on the requested Zone Map Change. Mayor MacNab stated that a decision will be forthcoming next week, when a full Com- I mission is present. 125 Commission Resolution No. 2359 - Create SID No. 638 - sanitary sewer - East of Jordan's - Dan Henderson, representin Sundance Realty and Investment, Inc., and Gary Cline, repre- senting sa ro a an nterprlses City Manager Evans presented Commission Resolution No. 2359, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2359 I 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. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2359, creating Special Improvement District No. 638, for sanitary sewer to a parcel of land located east of Jordan's on East Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Commission Resolution No. 2360 - Create SID No. 639 - water, sanitary sewer and paving - I Platinum Street - Joe and Dan Sebena City Manager Evans presented Commission Resolution No. 2360, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2360 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. 639 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER WYES AND APPURTENANCES AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES TO PLATINUM STREET, FIFTEEN (15) SANITARY SEWER WYES IN THE SAME AREA, AND SERVICE STUBS TO THE PROPERTY LINES, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY SEWER WYES AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER WYES, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2360, creating Special Improvement District No. I 639, for water, sanitary sewer and paving on Platinum Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 12G Commission Resolution No. 2361 - Garbage Assessments City Manager Evans presented Commission Resolution No. 2361, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2361 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO INCREASE RESIDENTIAL GARBAGE RATES AND LANDFILL I FEES TO THE RESIDENTS OF THE CITY OF BOZEMAN AND USERS OF THE CITY OF BOZEMAN'S LANDFI LL. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2361, increasing the residential garbage rates and landfill fees to the residents of the City of Bozeman and users of landfill. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Request - Waiver of Conditional Use Permit - Robert R. Braun City Manager Evans presented to the Commission a request on behalf of Robert R. Braun for a waiver of the Conditional Use Permit process on a parcel of land located on South Third Avenue, known as Patterson Siding. The City Manager stated that he feels that if a process is established, it should be utilized. He recommended that, rather than the Commission acting on the request, it should be referred to the Staff to follow through the Conditional Use Permit process. Mr. Robert Braun stated that he feels that his letter is self-explanatory. He stated that he is trying to eliminate the storage of old cars and septic tanks at this location and I clean up the area. He proposes to use the interior of the bui Iding located on this parcel of land for the peeling and french frying of potatoes for sale to the local restaurants, which is a one-man operation. Mr. Braun stated that a waiver of the Conditional Use Permit process would save him time and money. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission deny the request on behalf of Robert R. Braun for a waiver of the Conditional Use Permit process for property located on South Third Avenue, and known as Patterson Siding. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Frank J. Trunk and Son - One-year extension on the Prel iminary Plat for Rea Subdivision City Manager Evans presented to the Commission a request on behalf of Frank J. Trunk and Son for a one-year extension on the Preliminary Plat for Rea Subdivision. The City Manager stated that there is a legal question involved because of a law passed during I the last Legislative Session that limits the number and length of time for extensions to Prel iminary Plats. The City Manager requested that this request be deferred unti I a legal opinion is received on this particular request. Mayor MacNab requested that the item be placed on the agenda for next week's meeting for further consideration. 127 Request - Parking Commission and Downtown Merchants Association - for a courtesy parking ticket City Manager Evans presented to the Commission a request on behalf of the Parking Commission and the Downtown Merchants Association for the use of courtesy parking tickets on out-of-town vehicles which have exceeded the two-hour parking limit. The City Manager I stated that such courtesy parking tickets have been used in the past, and feels that this is a good idea. He further stated that the Police Division does not see any problem with this concept. The City Manager stated that there may be a slight loss of revenue, but the City is not in the money-making business. Commissioner Swanson asked if the Parking Attendant would be checking for MSU parking stickers, to see if the vehicle belongs to an out-of-town shopper or to an MSU student. City Manager Evans stated that the Parking Attendant could be instructed to check for MSU stickers on out-of-town vehicles before issuing a courtesy parking ticket. Mayor MacNab asked what would happen after a vehicle has been parked in the same place for four hours. The City Manager stated that he feels that a parking violation ticket should be issued at that time. He stated that he would pursue this matter with the Parking Commission and the Downtown Merchants Association. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the use of courtesy parking tickets for out-of-town vehicles, as re- I quested by the Parking Commission and the Downtown Merchants Association. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorization to proceed - Steps 1-4 of water improvements project - Thomas, Dean & Hoskins City Manager Evans presented to the Commission a request for authorization to proceed with planning of the first four steps for the water improvements project, as presented in a letter from Thomas, Dean and Hoskins. These four steps include: 1. Sourdough - 30" transmission line 2. 10 MGD treatment plant 3. Garfield - 14" trunk and 2 MG storage 4. 12" main on Oak from Rouse to Fifth Avenue The City Manager stated that these items are critical to the immediate futu re of the City in providing water services to City residents. He stated that the prel iminary planning on these items must be done so that the City is ready to sell bonds when the rate is down to a level that the City can afford. He stated that the planning could be completed during this winter. I The total amount of the requested expenditure for planning of these four items is $169,000.00. The first payment of $84,500.00 would be due and payable around June 30, 1982. The second payment of $84,500.00 would be due approximately one year later. If the bonds are sold prior to the second payment being made, the payment may be different, as the contract stipulates that, as soon as the bonds are sold, the consulting engineer will be work- ing on a percentage basis. 1 ---"l {'\- , ~;: )0... The bond market is presently moving downward. It is very possible that the interest rate wi II be down far enough for the City to consider selling bonds within the next few months. I f the planning has been completed, the City will be able to approximate the amount of bonds needed to complete the construction. City Manager Evans stated that the City has sufficient funds to pay the $169,000.00. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission authorize the expenditure of $169,000.00, to be made in two payments, to Thomas, Dean and Hoskins for planning for the four items listed above, for the water improvements project, and that the Mayor be authorized to sign the Contract for Engineering Services with Thomas, Dean and Hoskins for this project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Status report - Downtown Development Association - Urban Renewal Plan Mr. Tim Fitzgerald, Bozeman Downtown Development Association, Inc., stated that they have created a brochure to be circulated next week regarding the Urban Renewal Plan and Tax I ncrement Financing and outlines the boundaries of the proposed district. He also an- nounced that two public hearings will be held, on November 17 at the Elks Club and on November 18 at the New Public Library. Mr. Fitzgerald stated that, at the present time, maps and overlays are being prepared. He also stated that they are compiling an updated list of property owners in the area. Mr. I Fitgzerald also submitted to the Commission copies of an outline of various administration policies of the Urban Renewal Plan. Mr. Larry Gallagher, Consultant, stated that the methods of payment are to be con- sidered according to the State Law. He stated that this item is covered in the material which Mr. Fitzgerald submitted to the Commission. Mr. Gallagher also stated that an office has been set up on the second floor of the First Security Bank Building for the Urban Renewal Plan. Request - Extension of CDBG grant deadline to February 28, 1982 City Manager Evans presented to the Commission a request for an extension of the CDBG grant deadline to February 28, 1982. The City Manager stated that the amendment for tax increment financing submitted to HUD has been approved. He feels that the City needs the additional time to complete the work involved in this amendment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request for an extension of the CDBG g rant deadline to February 28, 1982. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. 129 Proposed Commission Resolution - Uniform travel policy for City employees City Manager Evans presented to the Commission a proposed Commission Resolution, establishing a uniform travel policy for all City employees. The City Manager requested that the City Commission review the proposed Resolution and give the City Staff guidance in the submission of the Commission Resolution for possible adoption. I Commissioner Mathre feels that a uniform travel policy is important so that people know what to expect. She does have some reservations about the proposal and feels that the in- state lodging should have a limit placed on it. Mayor MacNab requested that the City Staff revise the resolution and that it be placed on the agenda for the November 25 meeting for further consideration and possible action. Proposed Commission Resolution - Request for traffic control devices on West Main Street City Manager Evans presented to the Commission a proposed Commission Resolution, requesting traffic control devices on West Main Street. The City Manager noted that the intersection of West Main and Fifteenth needs to be controlled. When North Nineteenth is paved, it will create a jog which should be controlled. Also, the traffic around the Main Mall area is sufficient to consider a control device at West Main and College. The City Manager feels that the City should let the State Highway Department know of these concerns. Commissioner Swanson noted that the intersection of West Babcock and West Main was not mentioned and requested that it be added to the list of intersections. He also noted that I the entrance to University Mall, which is offset from the other portion of West Babcock and West Main intersection, should be noted in the Resolution. Mayor MacNab requested that this item be placed on the agenda for next week for further consideration and possible action. Authorize Mayor to sign - Reimbursement request from EPA - WWTP - $240,156.00 City Manager Evans presented to the Commission a request for reimbursement from EPA for the Wastewater Treatment Plant, Step 3, construction, in the amount of $240,156.00. The City Manager recommended that the Commission authorize the Mayor to sign this request for reimbursement. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the request for reimbursement from EPA for the Wastewater Treatment Plant, Step 3, construction, in the amount of $240,156.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I Appl ication for Raffle License - Bozeman Nordic Ski - December 15, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of Bozeman Nordic Ski for a raffle to be held on December 15, 1981. To be raffled is a pair of skis valued at $100.00. '1 '~:' ..,' " It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the appl ication for a raffle I icense on behalf of Bozeman Nordic Ski for a raffle to be held on December 15, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Application for Raffle License - Kappa Kappa Psi and Tau Beta Si ma (national music I honorary ecember 11,1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of Kappa Kappa Psi and Tau Beta Sigma for a raffle to be held on December 11, 1981. To be raffled is a $100.00 gift certificate to be used at Cactus Records. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the application for a raffle license on behalf of Kappa Kappa Psi and Tau Beta Sigma for a raffle to be held on December 11, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Acknowled e report - Alan Scholes - Attendance at the National Fire Academy in Emmitsbur , Maryland - ctober 5-16, 1981 City Manager Evans presented to the Commission, in compliance with their request, a written report submitted by Firefighter Alan Scholes on his attendance at the National Fire I Academy in Emmitsburg, Maryland, on October 5-16, 1981. The City Manager recommended that the Commission acknowledge the report. The Mayor and Commissioners noted that the report was well written and directed the Staff to extend appreciation to Firefighter Scholes for the report. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the written report as submitted by Firefighter Scholes. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. City Manager's report - re legislative matters City Manager Evans stated that he and Commissioner Vollmer had attended a meeting in Helena on Monday to testify before the Joint Legislative Committee. The main issue discussed was the CDBG grants. They testified for the administrative responsibilities of the program to be transferred to the State, rather than by the HUD office in Denver. The City Manager also stated that they had asked for the appointment of a Planning Committee, to include local government people; that the grant monies be granted on a competitive basis within adopted I State regulations; mUlti-year grants be made; that the State provide technical assistance to those communities needing such aid; and that funds be dispersed in a timely manner. Mr. AI Thelen, City Manager of Billings, testified at the hearing that the Urban Aid monies wi II be lost for the streets. These funds are needed by the cities. He requested that 131 one cent of the gas tax should be allotted back to the cities for maintenance of the streets. City Manager Evans stated that he also supported the proposed increase in the penalty for delinquent taxes and Special Improvement District taxes. The possibi lity of using the prime rate as a basis for determining the interest rate was considered. I n Washington, D. C., there is presently a movement to reduce the Revenue Sharing. I The City Manager stated that, if Federal Revenue Sharing is entirely eliminated, he would forecast that, if one thinks we are in a recession, it could turn into a depression. When local governments cut money spending and reduce the number of employees, it has a great impact. The City Manager stated that, if this Legislative does not open up to more than the CDBG grant, the City must prepare for the 1983 Legislative Session. Request from Mayor MacNab - dissemination of material to Commissioners-Elect Mayor MacNab stated that, pending the canvas of the votes on Thursday, he would request that two items be submitted to the Commissioners-Elect: (1) copies of the agendas and packets sent to the Commissioners on Mondays, less personnel problems; and (2) a copy of the State Law as it pertains to the Commission/Manager form of government. The City Commission concurred in this request. File report - City Court for September 1981 I City Manager Evans stated that the monthly report for the City Court for September 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the monthly report of the City Court for September 1981 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commission Swanson and Mayor MacNab; those voting No, none. Adjournment - 2:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, 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 Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission