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HomeMy WebLinkAbout1980-09-09 -118 Bozeman, Montana September 9, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 9, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, Acting City Attorney Johnstone and the Clerk. I Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the Special Meeting held on Tuesday, August 12, 1980, and the minutes of the regular meeting held on Wednesday, September 3, 1980 were approved as submitted. Continued hearing - Zone Map Change - William Sebena - A-S to R-MH, 30 acres north of and adjacent to Bohart Lane about 1,000' east of L Street Having continued the hearing on the Zone Map Change for William Sebena, it was again presented. 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 1,000 feet east of L Street. The property is vacant and Rocky Creek extends along its western portion. The Planning Director presented the report of the Zoning Commission which recommended approval of the requested zone map change provided the City and County Commission formally approve the pending ~1aster Plan Amendment. Joe Sabol appeared before the Commission on behalf of the applicant. He said the Zone ~1ap Change was approved by the Planning Board and the Zoning Commission. He advised the Commission that this particular piece of property seems well suited for a mobile home site. The applicant intends to build a bridge across the property. The mobile homes spaces will all have city services. Following discussion, the Mayor declared the hearing closed and a decision will be forth- coming on Wednesday, September 17, 1980. Continued hearing - ConditionttJ Use Permit - Julian DeGideo, Jr., - Auto repair shop in I Industrial Subdivision \ ' \ ' This was the time and place set for the continued hearing of Julian DeGideo, Jr. who requests a Conditional Use Permit. The applicant seeks a conditional use permit which, if granted, would allow an automotive repair shop in twenty-four hundred square feet of an existing forty-eight hundred square foot structure. The automotive repair shop would utilize space in the structure previously reviewed and approved for a dry storage warehouse. The site is located at 517 Bryant Street. The lot area is 18,620 square feet and is zoned M-1-T-4. FOllowing discussion, the Mayor declared the hearing closed and a recommendation will be forthcoming on Wednesday, September 17, 1980. Continued hearing - Zone Map Change - Motel 6, Inc., - M-2-T to B-2-T - 0.57 acres located at Nikles Drive This was the time and place set for the continued hearing on the Zone Map Change of Motel 6, Inc. The applicant seeks a change to the City's Official Zoning Map on approximately twenty- five square feet (0.57 acres) located at 612 Nikles Drive. The Planning Director presented the staff report which recommended approval of the proposed zone map change as requested. The Mayor declared the pUblic hearing closed and a recommendation will be forthcoming on Wednesday, September 17, 1980. Continued hearing - West Babcock Joint Venture - RR to R-3, 7.5 acres located northwest corner I of the Main Mall Shopping Center (Robert Pearson) This was the time and place set for the continued hearing on the Zone Map Change requested by West Babcock Joint Venture (Robert Pearson). The applicant seeks a change to the City's Official Zoning Map, on approximately seven and one-half acres. The property is located north- west of and adjacent to the City Limits approximately at the northwest corner of the Main Mall Shopping Center. A portion of the property is south of and adjacent to Babcock Road. The property has recently been annexed to the City. The site is flat and has a drainage channel bisecting the interior. 119 The Planning Director presented the staff report which recommended that this application be approved. Joe Sabol, representing the applicant, pointed out that this lies within the City of Bozeman and needs some kind of zoning designation and that the staff has reviewed the poten- tial of R-3 Zoning for this area. Mr. Sabol respectfully requested that the Commission I approve the zone map change from R-R to R-3. The City Manager said that one of the main concerns of the residents on both sides of Babcock and north of the Main Mall property is the traffic situation. When the traffic from multi-family units is placed on inadequate roadways, the problem is compounded. A letter received from Ed and Mary Heimburg, opposing the Zone Map Change was presented. Following discussion, the Mayor declared the hearing closed and a decision will be forth- coming on Wednesday, September 17, 1980. Cooperative Agreement with Blue Ribbons Action on the proposed Cooperative Agreement will be postponed for another week for staff review. Request by George Roemhild for City water off of North Seventeenth Avenue A letter received from George Roemhild of 417 Ice Pond Road, requesting City water installa- tion for a residential structure located at 1712 West Stevens Street, was presented. Mr. Roemhild consented to a waiver of protest in writing, in exchange for receiving City water at this location. The City Engineer doesn1t think the City is setting a precedent in this instance since the City water is available to property beyond this parcel. The Commission concurred in the recommendation of the City Engineer, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the staff be instructed to draw up Waiver of Protest Agreement for Mr. Roemhild's signa- ture for the right to connect to City water. The motion was carried by the following Aye and 1 No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Discussion on Zoning Fees - A schedule of fees proposed by the Planning Department to deal with zoning matters were discussed. Some of the fees involve a dramatic increase from those presently charged. The reason is that this is seen as a financial mechanism to provide manpower and funds with which to complete the master plan revision. Following discussion, the Commission recommended that a publiC hearing be scheduled for September 24, 1980. Ordinance No. 1057 - Amendment to Bozeman Sewer Ordinance - Chapter 10.16 Ordinance No. 1057 amending Chapter 10.16.00 of Bozeman's Sewage Disposal System, as pre- pared by the Acting City Attorney, was presented. ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY OF BOZEt1AN AMENDING CHAPTER 10.16.00 OF BOZEMAN'S SEWAGE DISPOSAL SYSTEM. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Ordinance No. 1057 be passed and adopted. 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. 1 Ordinance No. 1058 - Enacting the procedure for determining equitable cost levied on industrial concern which discharges wastewater to system Ordinance No. 1058 enacting the procedure for determining equitable cost recovery charges to be levied on any industrial concern which discharges industrial wastewater to the wastewater system operated by the City of Bozeman, as prepared by the City Attorney, was presented. ORDINANCE NO. 1058 AN ORDINANCE ENACTING THE PROCEDURE FOR DETERMINING EQUITABLE COST RECOVERY CHARGES TO BE LEVIED ON ANY INDUSTRIAL CONCERN WHICH DISCHARGES INDUSTRIAL WASTEWATER TO THE WASTEWATER SYSTEM OPERATED BY THE CITY OF BOZEt1AN, MONTANA, AND PROVIDING CERTAIN PROHIBITIONS. __ .n_ - 120 I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Ordinance No. 1058 be passed and adopted. 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. Ordinance No. 1059 - re lace Section 10.19.020 and 10.19.030 and enactin the rocedure for determining equitable service charges to be evied on all users WhlCh discharge I wastewater to the wastewater system Ordinance No. 1059 repealing Section 10.19.020 and 10.19.030 and enacting the pro- cedure for determining equitable service charges to be levied, as prepared by the City Attorney, was presented. ORDINANCE NO. 1059 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING SECTIONS 10.19.020 AND 10.19.030 AND ENACTING THE PROCEDURE FOR DETERMINING EQUITABLE SERVICE CHARGES TO BE LEVIED ON ALL USERS WHICH DISCHARGE WASTE- WATER TO THE WASTEWATER SYSTEM OPERATED BY THE CITY OF BOZEMAN AND PROVIDING CERTAIN PROHIBITIONS. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Ordinance No. 1059 be passed and adopted. 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. Call for construction bids - opening date - October 22, 1980 , The City Manager recommended that the plans and specifications for S.I.D. No. 621 Sanitary Sewer Trunk construction, S.I.D. No. 622 Trunk Water construction, S.I.D. No. 623 Sanitary Sewer construction, S.I.D. No. 624 Water Main construction, and S.I.D. No. 625 Pavin9 & Storm Drain construction, all in the Valley Unit Subdivision, as prepared by Thomas, Dean & Hoskins, Inc., be approved. Upon recommendation by the City Manager, it was moved by Commissioner Swanson, seconded 1 by Commissioner Mathre, that the plans and specifications be approved as presented, and that the Clerk of the Commission be authorized and directed to issue a "Call for Bids" for the construction of S.I.D. No. 621, 622, 623, 624, and 625 with an opening date of October 22, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Call for Bond Sale - S.I.D. No. 621 - $540,000.00 - October 22, 1980 - S.LD. No. 622 - 315,000.00 - II II II - S.I.D. No. 623 - 600,000.00 - II II II - S.LD. No. 624 - 610,000.00 - II II II - S.I.D. No. 625 -2,460,000.00 - II II II It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Clerk of the Clerk of the Commission be authorized and directed to advertise for bids for the sale of ,londs of S.I.D. No. 621 in the amount of $540,000.00, S.I.D. No. 622 in the amount of $315,000.00, S.l.D. No. 623 in the amount of $600,000.00, S.I.D. No. 624 in the amount of $610,000.00, and S.I.D. No. 625 in the amount of $2,460,000.00, to be received on Wednesday, October 22, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Appropriation Ordinance No. 1060 - (Budget for FY 1980-1981) for adoption The affidavit of publication of the annual Appropriation Ordinance for the fiscal year end- ing June 30, 1981 was presented with Appropriation Ordinance No. 1060, entitled: ORDINANCE NO. 1060 I AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OR MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1981. The City Manager stated he saw no reason to suggest a change in the Ordinance. Following a short discussion, it was moved by Commissioner Mathre, seconded by Commissioner Swanson, that Ordinance No. 1060 be finally passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner r1athre, Commissioner Swanson, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. 121 Meeting - Recessed 2:44 p.m. - discussing salaries - Salary Ordinance Meeting - Reconvened 4:20 p.m. Salary Ordinance No. 1061 - Setting salaries for 1980-1981 Ordinance No. 1061, the Annual Salary Ordinance, covering salaries of the heads of depart- ments and employees who are direct appointees of the Commission was presented, entitled: I ORDINANCE NO. 1061 AN ORDINANCE OF THE CITY OF BOZEMAN, r10NTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANA- GER, THE HEADS OF DEPARTr1ENTS, AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Ordinance No. 1061 be passed and adopted, and 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. Commission Resolution No. 2222 - setting mill levy for 1980-1981 Commission Resolution No. 2222 establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property situated within the corporate jurisdic- tional boundaries of the City for the Fiscal Year 1980-1981, as prepared by the Clerk of the City Commission, was presented, entitled: COMMISSION RESOLUTION NO. 2222 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1980-1981. I The Commission concurred in the recommendation of the Acting City Attorney, that Commission Resolution No. 2222 be passed and adopted with the net taxable value as established by the Gallatin County Assessor. Following discussion, it was moved by Commissioner Stiff, seconded by Commission Swanson, that Commission Resolution No. 2222, setting the total mill levy at 103.83 mills be passed and adopted. 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. APWA Board meeting & school - Jackson, Wyoming, October 1~3,1980- Van't Hul , The APWA has scheduled a Board meeting and school to be held on October 1-3, 1980 in Jackson, Wyoming. The City Engineer has requested authority to attend this meeting and school. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the City Engineer be granted permission to attend the meeting and, it being in the public interest, his expenses be paid out of the appropriate fund. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner r1athre, Commissioner Vollmer, Commis- sioner Stiff, and Mayor MacNab; those voting No, none. Montana Fire Chief's Conference - Great Falls - September 24-26, 1980 The Montana Fire Chief's Conference is scheduled to be held in Great Falls on September 24-26, 1980, and the Fire Chief and Fire Marshall have requested permission to attend the con- I ference. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Fire Chief and Fire Marshall be granted authorization to attend the meeting and, it being in the public interest their expenses be paid out of the appropriate fund. 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. Montana State University Homecoming Parade -5aturday,October 11, 1980 A letter received from Sonny Holland, Executive Secretary of the Alumni Association of the "122 Montana State University, requesting permission to hold the annual Homecoming Parade on Main Street, was presented. The parade will originate exactly at 10:00 a.m. at Buttrey's Shopping Center, proceeding east on Main Street to disperse in the vicinity of Heeb's Grocery Store. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission grant permission to hold the annual MSU Homecoming Parade. The motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and t1ayor MacNab; those voting No, none. Montana Bank - request for fourth annual Classic Run - October 4, 1980 A letter received from the Montana Bank of Bozeman, requesting approval to sponsor their Fourth Annual Classic Run on Saturday, October 4, 1980, at 10:00 A.M., was presented. The run is scheduled to begin at 10:00 a.m. and will start from the Lower Bridger School in Bridger Canyon. The route will follow Bridger Drive to North Rouse, up North Rouse to Mendenhall, and proceed west on Mendenhall to the drive-up facility of t10ntana Bank. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Fourth Annual Classic Run, and that the Montana Bank of Bozeman apply for a Beer license to enable dispensing beer at their picnic following the event. 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. Bozeman Senior High School - request for homecoming parade - Saturday, October 4, 1980 A letter received from the President of Student Government of the Bozeman Senior High, requesting permission to have a parade on Saturday, October 4, 1980, at 10:00 a.m., was pre- sented. The parade will begin at Buttrey's Shopping Center and continue down t1ain Street to the East Main Center where it will disband. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that permission be I granted the Bozeman Senior High School to hold their parade on Saturday, October 4, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swan- son, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for raffle license - Duck's Unlimited - September 12, 1980 The City Manager presented an application from Duck's Unlimited, along with the appro- priate fee for a raffle license to hold a raffle on September 12, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner t1athre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and t1ayor MacNab; those voting No, none. Report - Building Inspector The report of the Building Inspector for the month of August, 1980 will be listed on the agenda next week for acknowledgement and filing. Amend Minutes - August 27 - signal maintenance Agreement - 1980/1981 City/State It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the minutes of August 27, 1980 be corrected to read, that the Mayor and Clerk of the Commission be directed to sign the signal maintenance agreement as presented by the Montana Department of Highways for the year ending June 30, 1981. The motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, and Mayor MacNab; those voting No, none. Parking of Karst Stage - Spark's buses The Commission directed the City Manager to address a letter to Karst Stage regarding driving and parking of Karst Stage buses on North Church Avenue. Recess - 4:40 p.m. - discuss one position in Salary Ordinance Reconvened - 5:05 p.m. ---.- 123 Adjournment - 5:10 p.m. With no further business to come before the 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 Commis- sioner Vollmer, Commissioner Stiff, Commissioner swanson~iSSioner Mathre, and Mayor I MacNab; those voting No, none. _~~coL.-- DUNCAN S. MACNAB, Mayor ATTEST: &dn;" at tJA~ Irv ERNA V. HARDING, Clerk of the City Commission I I