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HomeMy WebLinkAbout1981-01-14 235 Bozemam, Montana. January 14, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 14, 1981, at 1:15 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 Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, January 7, 1981, were approved as submitted. Claims Claims for the month of December and January were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting being C9mmissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Greenwood Plaza - Commission Resolution No. 2292 Commission Resolution No. 2292 making certain findings and determinations with respect to a proposed financing plan of Greenwood Plaza Housing, Inc., A Montana Nonprofit Corporation, and consenting to the determination to be made by the United States Department of Housing and Urban Development was presented, entitled: COMMISSION RESOLUTION NO. 2292 RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO A PROPOSED FINANCING PLAN OF GREENWOOD PLAZA HOUSING, INC., A MONTANA NONPROFIT CORPORATION, AND CONSENTING TO THE DETERMINATION TO BE ~1ADE BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT SAID CORPORATION CONSTITUTES AN INSTRUMENTALITY I OF A PARENT ENTITY PHA SOLELY WITHIN THE MEANING OF SECTION 3 (6) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED: APPROVING CERTAIN DOCUMENTS RELATING THERETO. The City Attorney advised the Commission that no money would leave the City treasurer's office and the purpose of the resolution is to authorize the issuance and delivery of the Bonds and the Notes and execution of certain documents. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Commission Resolution No. 2292, and direct the Mayor and Clerk to sign the necessary documents in connection therewith. 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. Decision - Zone Map Change - Don Weaver from RS-1 to R-O The request of Don Weaver for a Zone Map Change from RS-1 to R-O was presented for a decision. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission deny the Zone Map Change from RS-l to R-O for approximately 4.3 acres of land located south of and adjacent /to ~aN; B~ul ~Mt and. east ftf and a€~aceRJ b. C .. S .. M h o e rl ge u lV1Slon. ose vo ng e elng ommlSSloner wanson, Commlssloner at re; those voting No, being Commissioner Vollmer, Commissioner Stiff and Mayor MacNab. The motion failed. It was then suggested that further action be deferred for one week, to determine the proportion of opposition, as to whether a 3-2 vote or a 4-1 vote is necessary for the Zone Map Change from RS-1 to R-O. Interpretation - TV tower an accessory use in B-2 zone I The Commission had delayed action on the interpretation of the TV tower as an accessory use in the B-2 zone in order to receive comments either in favor or against the installation of the TV tower. Having received no objections, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the TV tower that is to be erected be approved as an accessory use in the B-2 zone. 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. - 236 Public hearing - Commission Resolution 2284 - Intent to create SILD No. 631 Northeast portion of city This was the time and place set in Commission Resolution No. 2284, to hear protests to the creation of Special Improvement Lighting District No. 631, in the Northeast portion of the City., Affidavit of publication of notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. The City Engineer advised the Commission that the protests received represented 36.7% of the I property owners in the Northeast portion of the City. The questionaires that were returned favored mercury vapor. 47.90% favored Mercury Vapor and 32% favored High Pressure Sodium. Many property owners were present to protest the creation of the lighting district. They felt the district had been misrepresented when the petition was circulated. They also felt they had sufficient lighting in that area. There were many property owners who did not feel they could pay the assessment regardless of the amount. Following a thorough discussion, the Mayor declared the hearing closed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission delay the one week waiting periOd to make a decision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Com- missioner Mathre, and Mayor MacNab. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the SILO No. 631 be killed. The motion was carried by the following Aye and No vote: those voting Aye being Com- missioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Lion's Club - request permit to operate IlBingo Booth" - Winter Fair - January 30 to February 8, 198I. The Lion's Club requested permission to operate the Bingo Booth at the Winter Fair from January 30, 1981 to February 8, 1981 and asked that the license fee be waived. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Bingo License Application for the Lions Club. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the license fee in the amount of $10.00 per day be waived. 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. Transmittal of preliminary Story-Hills-Annexation report to City Commission The preliminary report for the Story Hills Annexation was presented. Rick Mayfield was present to answer any questions that might arise in connection with the report. It was suggested that the Commission acknowledge receipt of the report and that it be placed on the agenda for a weekly discussion beginning January 28, 1981 and that the public hearing be set for February 25, 1981. Burlington Northern Easement Agreement - Lot 4, Sec. 6, T2S, R6E, Rocky Mountain Second Subdivision An easement by and between the Burlington Northern Inc., successor in interest to Northern Pacific Railway Company, Grantor for and in consideration of the sum of $7,955.00 to be paid by the City of Bozeman, Grantee and the promises of the Grantee hereinafter specified, does hereby remise, release and quitclaim unto the Grantee, for the purpose of construction and maintenance of a public street, hereinafter called Highway, and for no other purposes over, upon and across Lot 5, Section 6, T2S, R6E, MPM was presented. The Burlington Northern easement agreement area runs south from Griffin Drive to the Jim Kack I property. Following a thorough discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Easement by and between the Burlington Northern, Inc., and the City of Bozeman, 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. 237 Change Order No.1 - SID No. 623 & 624 - Valley Unit No.1 Subdivision Change Order No.1 on SID No. 623 and 624, as prepared by Thomas, Dean, & Hoskins, Inc., to become a part of the original contract for construction of improvements in the project described was presented as follows: Description: Schedule I - Eliminate 3/4" water services and 4" sanitary sewer services I from townhouse lots on Babcock and Broadwater and replace with 6" water main stub and 0 08" sanitary sewer stub per townhouse lot. Schedule II - Add 8" sanitary sewer extension easterly on Fallon Street, including eleven 4" sanitary sewer services & two 8" stubs. Cost: Net Contract deduct = $307.04 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Change Order No.1 on SID No. 623 and 624 be accepted and the Mayor and Clerk Of 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 Stiff, Commissioner Swanson, Commissioner r.1athre, and Coml11issioner', 'YRH/Tlef,,~;~nd r~ayolYt'f'i1acNab, those voting No, none. Sign Code Variance - Coughlin and Ora zen - corner of Seventh and Mendenhall A letter received from Coughlin and Orazem requesting a sign code variance to allow a wooden sign in Fire Zone I. The sign would be on West Mendenhall and North Seventh Avenue. The size of the sign would be 3' high X 41 wide. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that action be delayed for a period of one week for an on the ground inspection and further study. 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. Petition - Gene Cook - Intent to create SID's Tewage Subdivision A letter received from Gene E. Cook, petitioning the City of Bozeman to create a special I improvement district for the installation of water, sanitary sewer, storm drainage and streets, for the Tewage Subdivision, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission acknowledge receipt of the petition and instruct the staff to prepare the necessary documents to create the district. 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. Petition - Gene Cook - Intent to create SID's - West Main Business Plaza A letter received from Gene E. Cook, petitioning the City of Bozeman to create a special improve- ment district for the installation of water, sanitary sewer, storm drainage and streets, for the West Main Business Plaza, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the petition and instruct the staff to prepare the necessary documents to create 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. One day seminar on pumps, motors, etc., Helena - February 6, 1981 - Ron portnell A one day seminar on pumps, motors, et~~, has been scheduled to be held in Helena on February 6, 1981, and the Water Superintendent has requested permission for Ron Portnell to attend the seminar. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Ron Portnell be granted permission to attend the seminar and, it being in the public interest his expenses by paid for out of the appropriate fund. 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. '238 Expand, Explore and Enrich meeting in Billings, January 15-16, 1981 - Dwain Wortman An "Expand, Explore and Enrich" Meeting has been scheduled to be held in Billings on January 15, 16, 1981 and the Park Superintendent Dwain Wortman has requested permission to attend the meeting. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Dwain Wortman 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 I Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. "Call for Bids" - furnishing for the Bozeman Public Library - bid opening February 4, 1981 The City Manager recommended that the plans and specifications for the purchase of library furniture as prepared by Architects Mattson, Prugh and Lenon be approved, and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the purchase of the furniture. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the plans and specifications for the Bozeman Public Library Furniture be approved, and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the furniture to be opened on Wednesday, February 4, 1981. 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. Petition - voicing opposition to proposed Hotel/Motel room tax The Commission acknowledged receipt of a petition signed by hotel/motel owners and/or managers, in opposition to a hotel/motel room tax imposed by the legislature. Bozeman Police Protection Association - request circus on May 3, 1981. A letter received from Bill Kayser, Secretary of the Bozeman Police Protective Association, requesting permission to sponsor a circus to be held at the Bozeman Senior High School, on May 3, 1981. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request to sponsor the circus contingent on the Bozeman Police Protective Association I meeting all of the requirements. 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. Petition Dean Burrup - Intent to create SID's - Burrups Annexation A letter received from Dean Burrup and signed by Gloria and Donald Thiesen, Warren K. Harris, Dennis and Jack Neibauer, and Mel and Dean Burrup petitioning the City of Bozeman to create a special improvement district for sanitary sewer trunk lines in the Burrup Annexation. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition and instruct the City Attorney to draw up a resolution of intention to create the district upon receiving the necessary information from the City staff. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, an9 Mayor MacNab; those voting No, none. Easement and Right-of-Way Agreement - Gladys and Carl Beyer An Easement and Right-of-Way Agreement by and between Gladys and Carl Beyer and the City of Bozeman for the purpose of construction and installing a sanitary sewer over and across a tract of land known as the SW~, Section 31, TIS, R6E, MPM, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Easement Agreement as presented, and the Mayor and Clerk of the Commission be authorized and directed to sign the easement for the City of Bozeman. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Easement and Right-of-Way Agreement - A. nartin Molendyk and Eva Molendyk An Easement and Right-of-Way Agreement by and between A. Martin Molendyk and Eva Molendyk and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining 239 and removing Sanitary Sewer Pipelines located on a track of land lying in the North ~ of Section 17, T2S, R6E, MPM, apd containing approximately 0.7 acres, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Easement Agreement as presented, and the Mayor and Clerk of the Commission be authorized and directed to sign the easement for the City of Bozeman. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Reports: Broad Valleys of Federation of Libraries Building Inspector Fire Department - Quarterly report Police Department The report of the Broad Valleys of Federation of Libraries, the Building Inspector, the Fire Department quarterly report, and the Police Department was presented for acknowledgement and filing on Wednesday, January 21, 1981. Recessed: 4:15 for Executive Session Reconvened: 5:30 p.m. Reappointment: Zoning Commission to December 31, 1982 (2 Years) Roger Craft Mayor MacNab announced his reappointment of Roger Craft to the Zoning Commission for a period of two years, ending December 31, 1982. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's reappoinment. 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. Adjournment - 6:00 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner I Mathre, seconded by Commissioner Vollmer, that the Commission meeting be adjourned. 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; e voting No, none. ~.. DUNCAN S. MACNAB, Mayor ATTEST: ERNA V. HARDING Clerk of the City Commission I