HomeMy WebLinkAbout1980-07-30
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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.
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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
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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.
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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
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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.
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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