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HomeMy WebLinkAbout1980-07-30 85 Bozeman, Montana July 30, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 30, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, I City Attorney Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer. Open Bids - Two 1980-81 4-door sedans - Police Department This was the time and place set for opening sealed bids for the purchase of two 1980-1981 4-door sedans for the Police Department. 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 was 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: J. C. Billion, Bozeman $15,118.28 Less Trade-In 1,218.28 $13,918.28 Gallatin Motors, Bozeman $12,950.20 Don Norem Chev., Bozeman 1980 Citation $ 8,391.51 Less trade-in 800.00 $ 7,591.51 1980 Citation $ 8,286.44 Less trade-in 800.00 $ 7,486.44 I 1980 LaSabre $ 8,505.49 Less trade-in 925.00 $ 7,580.49 1980 LaSabre $ 8,415.49 Less Trade-in 925.00 $ 7,490.49 Rolfe & Wood, Bozeman 1981 Diplomat $15,974.00 Less trade-in 1,000.00 $14,974.00 1981 Aspen $13 ,974.00 Less trade-in 1,000.00 $12,974.00 Royal Honda, Bozeman 1980 Honda $16,000.00 Less trade-in 3,000.00 $13,000.00 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the bids be referred to the Police Department for tabulation, and a recommendation. The motion was 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. Dennis Blackketter - draft report of solid waste recovery & energy generation system A study of the feasibility of a solid waste recovery and energy generation system for the I Montana State University and Bozeman Area prepared by D. O. Blackketter and C. R. Wimberly was handed to the Commission. The study involves an incinerator which would accept waste materials, and which would gener- ate steam for use by the University campus facilities. Mr. Blackketter gave a brief summary of the draft report, describing the spectrum of systems and operational procedures for utilization of the Municipal Solid Waste collected in Gallatin and Park Counties for energy recovery at Montana State University. 86 - - Decision - Pearson Annexation - Commission Resolution No. 2181 The Pearson property annexation hearing was held on July 9, 1980, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexation. There were no protests on file. A few questions were asked in regard to the annexation of the property. FOllowing discussion, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the extension of the boundaries of the City of Bozeman to include I the Pearson property and the City Attorney be instructed and directed to draw up an ordinance to be brought in for action on Wednesday, August 6, 1980. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Status of drainage project - SID No. 605 - Graf1s 1st Addition via Hyalite Subdivision The City Engineer advised the Commission that he met with Walt Anderson in regard to the drainage project, SID No. 605, Graf's 1st Addition. Lloyd C. Rixe of 1212 S. Pinecrest, New Hyalite Subdivision explained he represented no one in part, and could not speak for the people and their legal counselor but felt the park board had made it clear as to its feelings on the matter. The City Engineer discussed the municipal liability if the subdivision paving should go in with a do-nothing alternate. Commissioner Mathre questioned the relative liability of the do-nothing alternate between the winter and summer conditions. The City Engineer stated there were liabilities in both cases. One from people hitting water in the street that might be several inches deep, and the other from hitting a sheet of ice in the winter that could form on Highland Boulevard at that intersection. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the compromise proposed providing the staff can get approval of a compromise alternate amounting to extending the pipe to the bottom of the gully and thence to I the gully to a point midway between South Pinecrest and Holly Drive. The City Engineer is to prepare a letter to this effect and Mr. Rixe is to discuss it with the people in that area in an attempt to achieve their concurrence on the compromise. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. World Family School - (Carol Dietrich) - request for renewal of permit and removal of any specific time period for the duration of school - continued to August 6, 1980 Having delayed the decision on the request of the World Family School for a period of one week, it was again presented. Several property owners were present in regard to the parking and maintenance of the grounds. The City Manager suggested that the neighborhood people get together to try to solve some of the problems. The request will be brought back for a decision in one or two weeks. Continued ublic hearin - Conditional Use Permit - Green, Bandel, and Big erstaff - Townhouse Planned Unit Deve opment Having continued the hearing on the request of Green, Bandel, and Biggerstaff, it was again brought before the Commission. The applicant seeks a Conditional Use Permit which, if granted, would allow the construc- tion of a fifteen - unit townhouse project. The site is located on a 1.261 acre tract known as Certificate of Survey No. 381. The Planning Director gave the staff report which recommended approval of the Conditional I Use Permit with conditions. John Foote, architect for the project, reviewed the changes. Several property owners were present in regard to the conditional use permit. Following discussion, the Mayor declared the hearing closed and a decision will be forth- coming on Wednesday, August 6, 1980. Public hearing - Zone Map Change - William and Daniel Sebena - M-1-T to R-MH - 11.9 acres located east of North Rouse Avenue This was the time and place set for the public hearing to consider the Zone Map Change 87 requested by William and Daniel Sebena. The applicant seeks a change to the City's Official Zoning Map on approximately 11.9 acres located east of North Rouse Avenue about 400 feet and is north of and adjacent to the Indus- trial Subdivision. The property is split by Bozeman Creek. The pUblic hearing will be continued for a period of one to two weeks. I Public hearing - Zone Map Change - William Sebena - M-1-T to R-MH - 13 acres located east of North Rouse about 1,000 feet and is south of and adjacent to Griffin Drive This was the time and place set for the public hearing to consider the Zone Map Change requested by William Sebena. The applicant seeks a change to the City's Official Zoning Map on approximately 13 acres located east of North Rouse Avenue about 1,000 feet and is south of and adjacent to Griffin Drive. The property is split on the western portion by Bozeman Creek. The public hearing will be continued. Public hearing - Zone Map Change - Gene Cook and Don Turner - M-1-T to R-MH - 16.75 acres located west of and adjacent to Burlington Northern Railroad and is south of and adjacent to Griffin Drive This was the time and place set for the'public hearing to consider the Zone Map Change requested by Gene Cook and Don Turner. The applicant seeks a change to the City's Official Zoning Map on approximately 16.75 acres located west of and adjacent to the Burlington Northern Railroad Tracks and is south of and partially adjacent to Griffin Drive. The property contains a single-family struc- ture and is otherwise vacant. The pUblic hearing will be continued for a period of one to two weeks. Public hearing - Zone Map Change - Jim Barnard - M-1-T to R-MH - 10.0 acres located east of and adjacent to Bozeman Creek and east of and adjacent to the Bomont Subdivision This was the time and place set for the public hearing to consider the Zone Map Change I requested by Jim Barnard. The applicant seeks a change to the City1s Official Zoning Map on approximately 10.0 acres located east of and adjacent to Bozeman Creek and east of and adjacent to the Bomont Subdivision. The property is vacant. The pUblic hearing will be continued for a period of one to two weeks. Public hearing - Zone Map Change - William Sebena ~ AS to R-MH - 30 acres located north of and adjacent to Bohart Lane about 1,000 feet east of L Street -This was the time and place set for a public hearing to consider the Zone Map Change requested by William Sebena. The applicant seeks a change to the City's Official Zoning Map on approximately 30.0 acres located north of and adjacent to Bohart Lane about 1000 feet east of L Street. The property is vacant and Rocky Creek extends along its western portion. The public hearing will be continued for a period of one to two weeks. Public hearing- Commission Resolution No. 2212 - Lateral Water Mains - Lea AVenue - SID 619 This was the time and place set in Commission Resolution No. 2212, to hear the protests to the creation of Special Improvement District No. 619, water main construction on Lea Avenue and located in the Gordon Mandeville State School Subdivision. Affidavit of pUblication of Notice and the Clerk's mailing certificate stating all prop- erty owners had been notified as required by law were presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and waived the one week waiting period for a deci- I sion. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the one week waiting period and instruct the City Attorney to draft a resolution creating the District. The motion was 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. -- 88 New Loan & Grant guidelines for Housing Rehabilitation Program The new Section 8 Guidelines set by HUD for use in a Rehabilitation Program, was presented. HUD applies an inflationary factor to the respective categories of loan participation and quali- fication and the maximum incomes of families with one, two, three or more children are raised to reflect the impact of inflation. The City Manager advised the Commission, that the City had adjusted the grant guidelines I without requiring HUD approval. Legally, the City is unable to do this to the loan guidelines. However, since HUD has adjusted the guidelines nationally the City may adopt their revised schedule. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the new guidelines. The motion was 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. Affirmative Action Plan distributed to Commission A copy of the Affirmative Action Plan Third Revision - BGGM 10-1, Volume I was included with the Commissioners material on Monday. The Affirmative Action plans simply are a statement of the policy to be followed in the employments of personnel by the City of Bozeman. It is a means of ensuring that the City will be an Equal Opportunity Employer, and that it will treat all applicants for employment equally. Following a week of review, it will be listed on the agenda for official consideration by the City Commission. Request - Elks Club - display of fireworks - 11:00 Toast The Bozeman BPOE Elks #463 has requested a display of fireworks in conjunction with their 11:00 P.M. "Toast" on Saturday, August 9. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that permission be granted the Elks to display the fireworks in conjunction with the State Elks Convention. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner I Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff; Mayor MacNab abstained. Application for Kennel License - Richard Orr - 205 Arnold Street - Rick & Kathy Secora - 711 North Montana An application received from Richard Orr, 205 Arnold Street, requesting a kennel license in accordance with Ordinance No. 1035, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager stated the Police Department has no reason to deny the kennel license. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the applica- tion be approved and the Director of Finance be instructed to issue the kennel license in accordance therewith. The motion was carried by the following Aye and No vote: those voting Aye bei ng Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. An application received from Rick & Kathy Secora, 711 North Montana Avenue, requesting a J j kennel license in accordance with Ordinance No. 1053, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. The Animal Control Division recommended denial of this application. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the kennel license be denied and that all dogs over and above two be removed from the premises and a dog license be acquired for the two remaining dogs. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, I Commissioner Swanson, Commissioner Mathre, and ~1ayor MacNab; those voting No, none. Claims The Payroll and general claims for the month of July, 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman, and recommended they be approved and the Director of Finance be instructed to issue the warrants in payment. 89 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the claims. The motion was 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. Reports - Police Court - February through June 1980 I The reports of the Police Court for the month of February through June 1980, were pre- sented for acknowledgement and filing on Wednesday, August 6, 1980. Easement & Right-of-Way Agreement for Sewer Trunk - Cavour & Mary Ellen McMillan An Easement and Right-of-Way Agreement for Sewer Trunk by and between Cavour L. & Mary Ellen McMillan, was presented. The Right-of-Way Agreement is for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sewer trunk and appurtenances and for such other rights of access and incidental rights thereto and upon a strip of land thirty feet in width Beginning at the northeast corner of Section 10, TownShip 2 South, Range 5 East, an iron pin found in place; thence North 89 degrees 46' 00" East, along the South line of Section 2, TownShip 2 South, Range 5 East, which is the centerline of Durston Road, a roadway by use, a distance of 150.00 feet; thence North 01 degrees 36' 27" East, a distance of 30 feet, to the north right of way of Durston Road to the true point of beginning; thence North 01 degrees 36' 27" East, a distance of 1294.37 feet along the centerline of a 30 foot easement of which 15 feet each side of said cen- terline parallel and contiguous thereto, shall be granted as a permanent utility easement, with a 30 foot temporary con- struction easement parallel and contiguous to the west side of the permanent utility easement. Upon concurrence of the City ,Manager, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Right-of-Way Agreement be approved and the Mayor and Clerk of I the Commission be authorized and directed to sign for the City. The motion was 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. City Manager Gesko - Request permission to attend City Managers Retreat - August 7-8, 1980 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that City Manager Gesko ge granted permission to attend the City Manager's Retreat on Thursday, August 7, and Friday, August 8, 1980. The motion was 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. Meeting Recessed - 3:50 p.m. The meeting was recessed at 3:50 p.m. for an executive session to discuss labor negotia- tions. Meeting Reconvened - 4:25 p.m. Adjournment 4:30 p.m. With no further business to come before the Bozeman City Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those I voting No, none. d2JZ::JJ/;-- DUNCAN S. MACNAB, Mayor ATTEST: LP~. at u)~~ ~vV ERNA V. HARDING Clerk of the City Commission