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HomeMy WebLinkAbout1980-12-10 -208 Bozeman, Montana December 10, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 10, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, November 26, 1980 and December 3, 1980 were approved as submitted. Continued hearing - Conditional Use Permit - Everett Egbert - construct 951 x 1041 metal structure for use as a warehouse This was the time and place set to continue the hearing on Everett Egbert's request for a Conditional Use Permit to construct a 95' x 1041 metal structure for use as a warehouse. The applicant seeks a conditional use permit to construct a 95 foot x 104 foot metal structure for use as a warehouse on Lot 5B, McChesney Industrial Park at 2004 Gilkerson Drive. The site size is approximately 18,040 square feet. The Planning Director gave the staff report which recommended approval thereof subject to ten conditions. There was no one present to protest the conditional use permit and no written protests were on file. The Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, December 17, 1980. Continued hearin~ - Conditional Use Permit - George Popiel - construct 501 x 172' addition to present shop facllity This was the time and place set for the continued hearing to consider the Conditional Use Permit requested by George Popiel. The applicant seeks a conditional use permit to construct a 501 x 1721 addition to the I present shop facility located at 8454 Huffine Lane. The Planning Director gave the staff report which recommended approval thereof subject to modified conditions. There was no one present to protest the conditional use permit and there were no written protests on file. The Mayor declared the public hearing closed and a decision will be forthcoming on WedneSday, December 17, 1980. Continued hearing - Conditional Use Permit - Ken LeClair - Townhouse Planned Unit Development allow construction of 39 unit townhouse project This was the time and place set for the continued hearing to consider the Conditional Use Permit requested by Ken LeClair. The Applicant seeks a conditional use permit for a Townhouse Planned Unit Development which J if granted, would allow the construction of a thirty-nine unit townhouse project which includes a four unit office complex. The site, zoned R-3 is located south of and adjacent to Olive Street and adjacent to South 17th Avenue in the City of Bozeman. The Planning Director presented the staff report which recommended approval of the proposed PUD subject to satiSfactory completion of all conditions. Glen Black of 608 South Fifteenth said he was in opposition to having businesses moving into that area. He was not opposed to the townhouse units. The Planning Director said only professional business occupations can be placed in the above area. I Following discussion, the Mayor declared the hearing closed and a decision will be forth- coming on WedneSday, December 17, 1980. Continued hearing - Zone Map Change - Virgil Jahnke - (A-S to R-O, R-1, R-MH, PLI, B-1, B-2 & T-R This was the time and place set for the continued hearing to consider the Zone Map Change requested by Virgil Jahnke. 209 The applicant wishes to change the W~ of Section 10 and portion of the N~ and E~ of Section 9, all in T2S, R5E, from A-S to R-O, R-l, R-MH, PLI, B-l, B-2, and T-R. The general location is west of and adjacent to Ferguson Road, south of and adjacent to Durston Road, and north of and; adjacent to Durston Road, and north of and adjacent to U. S. Highway 191. The site size is approximately 500 acres. The Planning Director presented the staff report which recommended denial of the proposed I zone map change with the exception of the proposed T-R district along U. S. Highway 191. The Staff also recommended inclusion of a "T" District attachment for this T-R zone. This recommenda- tion is contingent upon approval of a suitable Master Plan Amendment by both the City and County Commission. However, after receiving a memorandum from the City Manager, stating no subdivision of these properties -- or Valley Unit No.2 -- will be allowed, until road problems on Babcock and Durston have not only been addressed, but absolutely resolved, the staff changed their recommenda- tion to approve the proposed zone map change. Joe Sabol, representing the applicant, presented a history on this parcel. Mr. Sabol said that many changes were made from the original plan to what is now represented to the staff report. He said a lot of technical research went into this application for roads, landscaping, etc., and also highlighted the staff report. He stated that the eastern land use should be residential and not agricultural as stated above because of the special improvement districts being constructed for residential areas in the Valley Unit Subdivision. The City Manager stated roads were a problem in this area. He added that the City has a fund accumulated for the construction of roadways. The City Manager further explained the gas tax that may be proposed to accumulate money for roadways only located within Gallatin County. Consulting Engineer Jim Cummings advised the Commission that it is the intention of Virgil Jahnke to construct everything according to the City of Bozeman standards. Ethel Qykstra of 3663 Durston Road presented a petition with seventy-three (73) signatures disapproving the zone change. The petitioners requested that the mobile home park in the Ferguson I Road-Durston Road area (on the South side of Durston Road) as proposed by Virgil Jahnke be disapproved unless there is provided a substantial buffer zone between said mobile home park and Durston Road, and that such buffer zone consist of a belt of single-family residences immediately on the South side of Durston Road and that there be a further belt of multi-family dwellings between the single- family belt and the said mobile home park. Mrs. Dykstra was concerned about the roads, water, sewage, and animals. Roger Smith of 2305 Durston Road, and Peggy Metca H of 3833 Durston Road were also present to oppose the planned mobile home development. Following considerable discussion, the Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, December 17, 1980. Request to expand Rehabilitation Program to include 312 program The Citizen Advisory Committee recommended that the Commission expand the Rehabilitation Program to include the 312 program. The 312 Program is one in which the City would serve as the administrative entity to issue 3% loans to persons who can qualify at a slightly higher income level. Loans are made directly from the government. There is no administrative allocation in the 312 Program so such money must be garnered from an existing CDBG. With permission to extend the target area to the downtown sector, 312 loans could be made in an effort to revitalize the downtown district. Commercial/residential mixes are permissible. The Citizen Advisory Committee also recommended that the administrative funding for a 312 I Program be extrapolated from the 1976 CDBG. This grant has approximately $13,000.00 in administra- tive money expended. The proposed 312 Program will be brought before the Commission for discussion following additional review. Public hearing - proposed Master Plan Amendments procedure This was the time and place set for a public hearing to consider adoption of a formal Master Plan Amendment process as proposed by the City/County Planning Board. -210 The purpose of the proposed amendment procedure would be to establish more proper sequence whenever Master Plan Amendments may be necessary, and to complete action on such an amendment request through respective governing body action before either zone map changes or subdivision reviews are begun. The Planning Director indicated that the proposed amendment process has been recommended for approval by the City/County Planning Board and is generally acceptable by the County Attorney I and the Department of Community Affairs Legal Division. The City Attorney indicated that there probably should be additional research by himself on the question of who may be the legal property owner when and if an applicant requests a Master Plan Amendment. The Planning Director indicated that perhaps this item should be continued until that information is furnished by the City Attorney. Thomas, Dean & Hoskins, Inc. - Grant application, Step 3 - Waste Water Treatment Facility, and Amendment #10 - Engineering and Construction Contract The Federal Assistance application for Step 3 Grant for Construction of the Bozeman Sewage Treatment Facility Upgrade No. C300208-03 in the amount of $4,690,000.00 was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application as prepared by the Environmental Protection Agency Region VIII, Helena, ~1ontana . 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. Amendment No. 10, to the Engineering Contract between the City of Bozeman and Thomas, Dean & Hoskins, Inc., was presented. Amendment No. 10 involves the engineering services for Wastewater Treatment Facility Upgrade, Step 3 in accordance with the Facility Plan. The total payment to the engineer for the work completed under this Agreement shall not exceed $360,000.00, with the exception that final payment may be adjusted, with Owner approval, to reflect I the actual work accomplished. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Amendment No. 10 to the engineering contract between the City of Bozeman, and Thomas, Dean, and Hoskins, Inc., and direct the Mayor and Clerk of the Commission to sign the contract on behalf of the City of Bozeman. The mot i on was ca rri ed by the fo 11 owi ng Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Commission Resolution No. 2284 - Intent to Create SILD No. 631 - Northeast Portion of Bozeman From Black east and Lamme north to Tamarack - Hearing January 7, 1981 Commission Resolution No. 2284, declaring the intention to create Special Improvement Lighting District No. 631 - for the purpose of operating and maintaining a lighting district to light the Northeast portion of Bozeman from Black east and Lamme north to Tamarack in the estimated amount of $4.84 per unit per month or the total of $8,595.84 per year of which 75% will be charged to the property owners on a front foot basis, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2284 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 631 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING DISTRICT TO LIGHT THE NORTHEAST PORTION OF BOZEMAN FROM BLACK EAST AND LAMME NORTH TO TAMARACK. SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 7-12-4301 TO 7-12-4326 INCLUSIVE OF THE REVISED CODES OF MONTANA. I The City Manager recommended a weeks delay for provisional passage in order that the Special Improvement Lighting District may be discussed with members of the Montana Power Company. Commission Resolution No. 2285- Certification of Delinquent Taxes Commission Resolution No. 2285 certifying delinquent taxes in the amount of $428,329.95 plus penalty of $8,566.60 to the Gallatin County Treasurer was presented. I - _.,~- 211 COMMISSION RESOLUTION NO. 2285 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS DUB AND PAYABLE 30:'NOVEMBER, 1980, AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER, 1980, AND UNPAID, DELINQUENT, AS PROVIDED BY I CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 7-12-4182, 7-12-4183, MONTANA CODES ANNOTATED. Upon recommendation of the City Manager, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the resolution 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. Abatement of Special Assessments for 1980 - $980.20 The following applications for tax abatements in the amount of $980.20 was presented. 1980 ABATEMENT OF TAXES NOTI CE NAME LOT BLOCK ADDITION AMOUNT TYPE 252 Leonard Sorensen N. 20 ft. of 9, E Bea 11' s 2nd $ 45.54 Garbage all 10 340 Sad i e 1. Welton 29 thru 30 7 Bea 11' s 3rd 19.68 Garbage 643 Rose Eagle r1enzel 21 - 22 11 Butte 28.08 Garbage 666 Corinne Hart 11 - 12 15 Butte 8.28 Garbage 788 Minnie Kurz East 94 feet of 18 Capitol Hi 11 12.42 Garbage 11, all 12 828 John N. Thompson 7 thru 9 35 Capito 1 Hi 11 12.42 Garbage 957 Mrs. Esther Anderson 1 thru 4 2 Fairview 33.54 Garbage I 1003 Stanley D. Hoxsey 1 and 2 9 Fairview 8.38 Garbage 1450 Lloyd Justice 60 ft. of W. 331 Guy I s 2nd 17.25 Garbage of ~A, Lot 6 Tract F 1497 Loren G. Winks 1 thru 4, west 89' C Hoffman IS 20.24 Garbage of 5 2352 Yvonne Jarrett S. 22' of 1 - 32 107 Northern Pac. 130.62 Landfill 2514 Mrs. Ella Chapman S ~ of 13 to 15 K Orig.Town. 21.64 Garbage 2559 Iome R. Kinzie 21 and 22 11 Park 8.28 Garbage 2585 Martin & Helen Burris W. 39.67 I of 11 14 Park 8.28 Garbage all 12 2930 James Drummond 5 1 Rousels 3rd 62.10 Garbage 2946 Roy Houser 1 and 2 1 Royal Vista 14.56 Garbage 3305 Glen L. and Unit No.1, 4 Thompsonls 4th 15/85 Garbage Edith Harrington Phase 1 3614 Kenneth Palagi Unit 12, Valley of 4.14 Garbage Heritage Condo Flowers 3739 Irl O. Sievert 5 thru 7, N. 7' 9 West Park 29.29 Garbage of 8 I 3834 Kenneth E. Olson W. 351 13 -14 50 Park 70.38 Landfill 5120 City of Bozeman All A Blackls 409.24 Garbage Landfill TOTAL $980.20 ____,n "'212 Upon concurrence of the City Managerls recommendation, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the application for the tax abatements be approved, and the Director of Finance be authorized to enter the abatements on the tax record. 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. Yellowstone National Park - request use of Landfill I A letter received from Steven F. Iobst, Environmental Engineer of United States Department of the Interior, National Park Service, Yellowstone National Park, Wyoming requesting the use of the City Landfill for disposing of solid waste, was presented. The City Manager advised the Commission that the Park officials are aware of the Bozeman/MSU proposed co-generation plant, and would wish to be a part of that proposal. If the park begins hauling to the Bozeman Landfill, they will haul one 75-cubic yard trailer (15 tons-average) based on the following schedule: October 15 to May 15 - 1 trailer every 7 days May 16 to June 20 - 1 trailer every 2 days June 21 to August 30 - 1 trailer every day Sept. 1 to Oct. 14 - 1 trailer every 2 days During the Summer months, the park would haul to West Yellowstone, and they in turn would haul to Bozeman. Commissioner Swanson opposed allowing the park to use the City Landfill. He feels that the City might be overloading the landfill while the future of the Montana State University incinerator project is still in doubt. It was noted that Montana State University is still trying to secure funding for the $6 million project. The local garbage supply is inadequate to fuel the incinerator and that natural gas will have to be used as a supplemental fuel. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Yellowstone Park be allowed to use I the City Landfill for an unspecified time, and that the Commission reserve the right to terminate the Park's use of the City Landfill following a sixty day notice, and that the fee be set at $1.00 per ya rd fee. 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. 2274 - Create SID 621 ~ Sanitary Sewer - Valley Unit Subdivision Commission Resolution No. 2274 of the City of Bozeman, Montana, Creating Special Improvement District No. 621 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2274 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. 621 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2274 creating SID No. 621 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, I Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Commission Resolution No. 2275 - Create SID 622 - Trunk Water - Valley Unit Subdivision Commission Resolution No. 2275 of the City of Bozeman, Montana, Creating Special Improvement District No. 622 as prepared by the City Attorney, was presented, entitled: 213 COMMISSION RESOLUTION NO. 2275 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. 622 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12 INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT- I OF-WAY OF U. S. 191 TO FOWLER LANE A 10 INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS, HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2275 creating SID No. 622 be passed and adopted. The motion was carried by the followingAye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Commission Resolution No. 2276 - Create SID 623 - Sanitary Sewer - Valley Unit Subdivision Commission Resolution No. 2276 of the City of Bozeman, Montana, Creating Special Improvement District No. 623 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2276 A RESOLUTION~OF THE CITY CO~1MISSION OF THE CITY OF BOZEMAN ,MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 623 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN. I THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolu- tion No. 2276 creating SID No. 623 be passed and adopted. 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. Commission Resolution No. 2277 - Create SID 624 - Water Main - Valley Unit Subdivision Commission Resolution No. 2277 of the City of Bozeman, Montana, Creating Special Improvement District No. 624 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2277 A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 624 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER MAINS AND NECESSARY APPURTENANCES THERETO ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND DURSTON ROAD AND FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolu- tion No. 2277 creating SID No. 624 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. I Commission Resolution No. 2278 - Create SID 625 - Paving - Valley Unit Subdivision Commission Resolution No. 2278 of the City of Bozeman, Montana, Creating Special Improvement District No. 625 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2278 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. 625 FOR THE PURPOSES OF CONSTRUCTION AND INSTALLATION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIVERSION, AND OTHER APPURTENANCES NECESSARY THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE, AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. -214 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2278 creating SID No. 625 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. Commission Resolution No. 2279 - Create SID 626 - Sanitary Sewer - Stratford W. Main Commission Resolution No. 2279 of the City of Bozeman, r~ontana, Creating Special Improve- I ment District No. 626 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2279 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. 626 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES ON THE NORTH BOUNDARY OF STRATFORD, WEST MAIN AND THE TOWN PUMP ANNEXATIONS IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2279 creating SID 626 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. Commission Resolution No. 2280 - Create SID 627 - Sanitary Sewer - Triangle Area Commission Resolution No. 2280 of the City of Bozeman, Montana, Creating Special Improvement District No. 627 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2280 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. I 627 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 LATERAL AND TWELVE (12) INCH SEWER MAIN AND NECESSARY APPURTENANCES IN LOT 1, TRIANGLE AREA ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2280 creating SID 627 be passed and adopted. 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. Commission Resolution No. 2281 - Create SID 628 - Water Main, Sanitary Sewer, Storm Drain, Paving Block 9, Figgins Addition - First Phase Commission Resolution No. 2281 of the City of Bozeman, Montana, Creating Special Improvement District No. 628 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2281 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. 628 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER- MAIN AND APPURTENANCES ON FRYSLIE STREET IN THE FIGGINS ADDITION: AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY I LINES AND STORM DRAIN PIPING, 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 AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER LINES, MANHOLES, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. 215 It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2281 creating SID No. 628 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. Commission Resolution No. 2282 - Create SID 629 - Sanitary Sewer-University Square I Commission Resolution No. 2282 of the City of Bozeman, Montana, Creating Special Improvement District No. 629 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2282 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. 629 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECI- FICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2282 creating SID No. 629 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. Commission Resolution No. 2283 - Create SID 630 - Paving - University Square Commission Resolution No. 2283 of the City of Bozeman,Montana, creating Special Improvement District No. 630 as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2283 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. 630 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH 22ND AVENUE BETWEEN SOUTH 20TH AND KOCH STREET IN THE UNIVERSITY SQUARE SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2283 creating SID 630 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. Easement - R. L. Stratford - Sanitary Sewer - Stratford Annexation An Easement and Right of Way Agreement by and between R. L. Stratford and Lydia Stratford and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer to serve various properties located on the Southeast 1/4, Southwest 1/4, Section 11, T2S, R5E, and known as the Stratford Annexation and containing 0.17 acres, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Easement and Right of Way Agreement as presented, and the Mayor and Clerk of the Com- mission be instructed and directed to sign for the City. 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. I Easement - Carol J. Hunt - Sanitary Sewer - Haggerty Lane An Easement and Right of Way Agreement by and between Carol J. Hunt and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing the sanitary sewer pipeline located on the southwesterly right-Of-way line of Haggerty Lane Frontage Road at Montana Highway Commission station 58+50 of Haggerty Lane, and containing 0.4 acres was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff that the Commission approve the Easement and Right of Way Agreement as presented, and the Mayor and Clerk of the 216 Commission be instructed and directed to sign the Easement for the City. 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. Easement - Seventh Day Adventists - Sewer Trunk Letter of Understanding to serve Hyalite View Subdivision and other properties between that subdivision and Interstate 90 A letter of understanding and an Easement and Right of Way Agreement by and between the I Montana Conference Association of Seventh Day Adventists and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing sanitary sewer located in the SW 1/4, SE 1/4, of Section 8, T2S, R6E, and containing 0.3 acres, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Easement and Right of Way Agreement as presented, and the Mayor and Clerk of the Commission be instructed and directed to sign the easement for the City. 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. Easement - Montana Power Company - Construction Agreement - Northeast Annexation An Easement and Right-of-Way Agreement by and between Montana Power ~mpany and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer located in the SW 1/4 of Section 31, TIS, R6E, and being Tract 37 of the Northeast Annexation to the City of Bozeman, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Easement and Right-of-Way Agreement as presented, and the Mayor and Clerk of the Commission be instructed and directed to sign the easement 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. Easement - Westland Enterprises, Inc. & E. Egbert - Sanitary Sewer Construction - Bozeman Industrial Park An Easement and Right-of-Way Agreement by and between Westland Enterprises, Inc., & Everett I Egbert and the City of Bozeman for the purpose of installing, operating, using, repairing, re- placing, maintaining, and removing said Sanitary Sewer located in the SW 1/4 of Section 31, TIS, R6E, and known as the Bozeman Industrial Park, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Easement and Right-of-Way Agreement as presented, and the Mayor and Clerk of the Commission be instructed and directed to sign the easement for the City. 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. Easement - Wayne Edsall - Sanitary Sewer Construction - Bozeman Industrial Park An Easement and Right-of-Way Agreement by and between Wayne Edsall and the City of Bozeman for the purpose of installing, operating, using, reapairing, replacing, maintaining, and removing said Sanitary Sewer, located in the SW 1/4, Section 31. TIS, R6E, and known as the Bozeman Industrial Park, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Easement and Right-of-Way Agreement as presented, and the ~1ayor and Clerk of the Commission be instructed and directed to sign the Easement for the City of Bozeman. 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. Easement - Bozeman Federal Credit Union - Sanitary Sewer - West Main Annexation I An Easement and Right of Way Agreement by and between Bozeman Federal Credit Union and the City of Bozeman, for the purpose of installing, operating, using, repairing, replacing, maintain- ing, and removing said sanitary sewer thereto and across the western tract of the West Main Annexation in the SE 1/4, SW 1/4, Sll, T2S, R5E, and containing 0.069 acres was presented. 217 It was moved by Commissioner Stiff, Seconded by Commissioner Swanson, that the Commission approve the Easement and Right-of-way-Agreement as presented, and the Mayor and the Clerk of the Commission be instructed and directed to sign the Easement for the City of Bozeman. 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 I No, none. COllege Na~ional Finals Rodeo - request permission to hold Rodeo Parade June 20, 1981 FOllowing a week of delay, the request from the College National Finals Rodeo was presented for a decision. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Rodeo parade scheduled for June 20, 1981. 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. Parking Commission - Discontinue fines for balance of year The City Manager advised the Commission that he had received a request from the Parking Com- mission to suspend parking fines in the downtown area through January 1, 1981. Following a discussion, it was moved by Commissioner r1athre, seconded by Commissioner Vollmer, that the City discontinue the fines until January 1, 1981. Those voting Aye being Commissioner Mathre, and Commissioner Vollmer; those voting No being Commissioner Stiff, Commissioner Swanson, and Mayor MacNab. The motion failed. Status Report - Closing on financing by Todd and Associates for the low income Greenwood Plaza The City Attorney advised the Commission that the closing on the financing by Todd and Associates for the low income Greenwood Plaza is scheduled for Thursday, December 18, 1980 in Denver. Mr. Planalp said if they meet this schedule on Thursday, it will be within the deadline set by the Federal Government for approval of the project. I Attorney General IS opinion - Bozeman Library Bond proceeds A letter addressed to the City Attorney, dated December 8, 1980, indicated that a portion of the proceeds of a general obligation bond sale may be paid to the municipal utility department for the property on which the library is to be built, so long as the land is suitable for the proposed construction and the price is reasonable. The City Manager advised the Commission that the City may reimburse itself with $116,250.00 from the Library Bond Sale to replace city buildings destroyed for the construction of the new 1 i bra ry. Report of Auditing Committee Commissioner Stiff advised the Commission that the Auditing Committee will meet on Tuesday, December 16, 1980 to review the Financial Statement for the year ending June 30, 1980. File Report - Broad Valleys Federation of Libraries The City Manager commented on the report of the Broad Valleys Federation of Libraries and recommended it be acknowledged and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report of the Broad Valleys Federation of Libraries be acknowledged and ordered filed. 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. Report - Building Inspector I Police Department The report of the Building Inspector and the Police Department was presented for acknowledgement and filing on Wednesday, December 17, 1980. Regular Commission Meeting - December 24, 1980 at 10:00 A.M. - December 31, 1980 at 10:00 A.M. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting of December 24, 1980 and December 31, 1980 be changed to 10:00 o'clock A.M. 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. , 218 Adjournment With no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be adjourned. 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. A-~:V;? I DUNCAN S. MACNAB, Mayor ATTEST: ~ J &J;/~~ ~~ ERNA V. HARDING Clerk of the City Commission I I