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HomeMy WebLinkAbout1981-01-21 240 Bozeman, Montana January 21, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 21, 1981 at 1:15 o'clock p.m. Present were t1ayor t.1acNab, Commi ss i oner Vo 11 mer, Commissioner Stiff, Commissioner Swanson, Commissioner t1athre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, January 14, 1981 were approved as submitted. Gallatin Shrine Club - request permission to hold the Hubert Castle International Three Ring Circus - April 3, 1981 - MSU Fieldhouse A letter received from Danny Craig Harding, Chairman of the Gallatin Shrine Circus Committee, requesting permission to sponsor the Hubert Castle International Three Ring Circus in the Montana State University Fieldhouse on Friday, April 3, 1981 at 2:00 and 6:30 p.m., was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Gallatin Shrine Club be granted permission to sponsor the Circus on Friday, April 3, 1981. The motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner t1athre, and t1ayor MacNab; those voting No, none. Decision - Zone Map Change - Don Weaver from RS-1 to R-O The Commission had deferred action on Don Weaver's request for a Zone Map Change from RS-1 to R-O for a period of one week to determine the proportion of opposition. The Building Inspector advised the Commission that out of the nineteen possible signatures sixteen property owners had signed the petition protesting the Zone Map Change. The City t1anager sai d that those protesting constitute more than twenty-percent of abutting land, and consequently it will take a four to one vote to approve the Zone Map Change. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission approve I the Zone Map Change from an RS-1 to an R-O. Those voting Aye being Commissioner Stiff; those voting No being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and t1ayor MacNab. The motion failed. Decision - Variance to Sign Code - Coughlin & Orazem - corner of Seventh and Mendenhall Action on the request from Coughlin & Orazem for a variance to the sign code had been delayed for a period of one week for an on the ground inspection by the Commission. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the applicant be granted permission to place one sign on the property. The placing of the sign would be at the owner's discretion. 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. Maurice Klabunde - amendment to Bozeman Area Master Plan The amendment tofue Bozeman Area Master Plan requested by Maurice Klabunde was presented for discussion. The amendment would change the land use classification from "~1edium Density-Residential" to "Highway Commercial" on property described as the SEl,r SEl,r of Section 11, T2S, R5E, t1.P.M., Gallatin County, Montana. The Planning Director presented the staff report which recommended denial of the request to amend the 1972 Bozeman Area Master Plan. Joe Sabol, representing the applicant, appeared to explain to the Commission that he had filed I an application for a Zone Change with the City/County Planning on September 23, 1980. This matter was finally heard on January 3, 1981. t1r. Sabol feels the request for an amendment to the Bozeman Area ~1aster Plan should be processed under the old procedure. The City Attorney concurred with t,1r. Sabol. Several property owners were present to protest the Zone ~1ap Change. They were advised by the Commission that this was just an informational discussion. Asgar Mikkelsen of 2025 West College registered his protest tothe Master Plan Amendment. 241 The hearing on the Amendment to the Bozeman Area Master Plan was postponed until after the Zoning Commission has heard the matter. Commission Resolution No. 2294 - prescribe form and terms & covenants - SID No. 621 - Sanitary Sewer Trunk - Valley Unit Subdivision No.1 Commission Resolution No. 2294 awarding sale of $525,000.00 Special Improvement District No. I 621 bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof was presented. COMMISSION RESOLUTION NO. 2294 RESOLUTION AWARDING SALE OF $525,000 SPECIAL H1PROVEMENT DISTRICT NO. 621 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Commission Resolution No. 2294. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner t.1athre, and ~1ayor t'lacNab; those voti ng No, none. Commission Resolution No. 2295 - rescribe form & terms and covenants - SID No, 622 - Trunk Water Supply - Valley Unit Subdivision No. 1 - 315,000 Commission Resolution No. 2295 awarding the sale of $315,000 Special Improvement District No. 622 bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof was presented, entitled: COMMISSION RESOLUTION NO. 2295 RESOLUTION PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT OF $315,000 SPECIAL IMPROVEMENT DISTRICT NO. 622 BONDS It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Commission Resolution No. 2295. 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. I Commission Resolution No. 2296 - prescribe form and terms and covenants - SID No. 623 - Sanitary Sewer - Valley Unit Subdivision No.1 - $525,000 Commission Resolution No. 2296 awarding the sale of $525,000 Special Improvement District No. 623 bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof was presented, entitled: COMMISSION RESOLUTION NO. 2296 RESOLUTION AWARDING SALE OF $525,000 SPECIAL IMPROVEMENT DISTRICT NO. 623 BONDS, AND PRESCRIBING THEIR FORM AND TERt1S AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve Commission Resolution No. 2296. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner St iff, and Mayor f1acNab; those vot i ng No, none. Commission Resolution No. 2297 - rescribe form and terms and covenants - SID No. 624 - Water Malns - Valley Unlt Subdlvision No.1 - 550,000.00 Commission Resolution No. 2297 awarding the sale of $550,000 Special Improvement District No. 624 bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof was presented, entitled: COMMISSION RESOLUTION NO. 2297 RESOLUTION AWARDING SALE OF $550,000 SPECIAL IMPROVEMENT DISTRICT NO. 624 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve Commission Resolution No. 2297. 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. 2298 - rescribe form and terms and covenants - SID No. 625 - Storm Drain and Paving - Valley Unit Subdivision No.1 - 1,850,000.00 Commission Resolution No. 2298 awarding the sale of $1,850,000.00 Special Improvement District No. 625 bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof was presented, entitled: '242 COMMISSION RESOLUTION NO. 2298 RESOLUTION PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT OF $1,850,000 SPECIAL IMPROVEMENT DISTRICT NO. 625 BONDS It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Commission Resolution No. 2298. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner I ~1athre, and Mayor t1acNab; those voting No, none. Commission Resolution No. 2293 - support passage of HB-73 - Establish a system - State-Local Revenue Sharing Commission Resolution No. 2293 supporting passage of House Bill 73 to establish a system of State-Local Revenue Sharing as the most workable method of providing addition revenues to finance essential county and municipal services and most importantly to alleviate pressure on the property tax base, was presented, entitled: COMMISSION RESOLUTION NO. 2293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA SUPPORTING PASSAGE OF HOUSE BILL 73 BY THE MONTANA LEGISLATURE TO ESTABLISH A SYSTEM OF STATE-LOCAL REVENUE SHARING AS THE MOST WORK- ABLE METHOD OF PROVIDING ADDITIONAL REVENUES TO FINANCE ESSENTIAL MUNICIPAL SERVICES It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Commission Resolution No. 2293 as prepared and signed by Commissioner Vollmer as Acting Mayor in the absence of Mayor MacNab. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Commission Resolution No. 2300 - support of Senate Bill 96 - to provide funds for Special Improve- ment District Revolving Funds Commission Resolution No. 2300 whereby the City of Bozeman supports and urges passage of Senate Bill No. 96 to provide funds for Special Improvement District Revolving Funds by allowing I 5% of the improvement cost to be an initial incidental expense to be deposited in the revolving fund, was presented. COMMISSION RESOLUTION NO. 2300 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXPRESSING SUPPORT OF AND URGING PASSAGE BY THE MONTANA LEGISLATURE OF SENATE BILL NO. 96, "AN ACT TO PROVIDE FUNDS FOR SPECIAL IMPROVE- MENT DISTRICT REVOLVING FUNDS BY ALLOWING 5% OF THE IMPROVEMENT COST TO BE AN INITIAL INCIDENTAL EXPENSE TO BE DEPOSITED IN THE REVOLVING FUND." It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve Commission Resolution No. 2300. 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. Waiver of Protest - Jahnke University Square Subdivision - SID 629 and 630 A Waiver of Protest tothe creation of Special Improvement District No. 629 and 630 Jahnke- University Square Subdivision (File No. 80-1167) was presented. This involves a tract of land located in the Southeast Quarter of Section 4, T2S, R5E, M.P.M. City of Bozeman, known and generally referred to as University Square Subdivision of Planned Unit [eve 1 opment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission accept the Waiver of Protest as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner ~1athre, Commissioner Vollmer, Commissioner Stiff, Commissioner I Swanson, and Mayor MacNab; those voting No, none. Waiver of Protest - Annexation of Valley Unit No.2 A Waiver of Protest of Annexation for the Valley Unit II development was presented. This involves a tract of land located in Section 9, T2S, R5E, to the Southwest ~ of Section 10, and the Northwest ~ of Section 10, M.P.M., City of Bozeman, known and generally referred to as Va 11 ey Unit I I. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission accept the Waiver of Protest as presented. 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. 243 Easement Agreement - Marvin and Judy Cowdrey - Water Line - Graf's 2nd Rearrangement and Kirk1s 2nd Rearrangement An easement and Right of Way Agreement by and between Marvin and Judy Cowdrey and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said water line and necessary appurtenances to serve a portion of land known as the I N. 77' Lot 2, and the S 18' Lot 3 Block C, Graf's 2nd Rearrangement, Block 6 of Kirk's Second Subdivision, 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 Agreement 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 No, none. Appointment - Planning Board - Dr. R. C. Ritter and James W. Vollmer Mayor MacNab announced his appointment of Dr. R. C. Ritter to replace Mike Shyne on the Planning Board effective January 1, 1981 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 appointment and that a letter be addressed to Mike Shyne commending her on a job well done and on her dedication to the Board for her many years of service. The motion was carried by the following Aye and ~ 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 Swanson, seconded by Commissioner Mathre, that the Commission concur in the appointment of Commissioner Vollmer, to replace Keith Swanson effective January 1, 1981 and ending on December 31, 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. I EPA Assistance Agreement/Amendment No. C300208221 - $266,109.00 EPA Assistance Agreement/Amendment No. C 300208221 to the City of Bozeman for Special Grant Condition No.3 in the amount, not to exceed $266,109.00 was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for federal assistance for the preparation of plans and specifications for the construction of wastewater treatment facility improvements and interceptor sewers in accordance with the approved facilities plan. 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. Status Report - Greenwood Plaza The City Attorney gave a short report with respect to the financing of Greenwood Plaza Housing, Inc. The City Attorney advised the Commission that the closing did not happen, but feels certain that everything will be completed by this Wednesday. Status Report - Cooperative Fire Agreements with Gallatin County Districts The City ~1anager presented the status report of the Cooperative Fire Agreements. The City Manager advised the Commission that as of this date the City has not entered into the agreement. The City Manager said that the agreement was based on a 1977 effort to create a fire district. However, the rural residents rejected the proposal at that time. The Fire Chief said the agreement would increase the quality of fire coverage for all county I and city residents. He said that at no time would the City be left without fire protection. The Commissioners complained of the wear and tear on City equipment and questioned the liability for damage to equipment and possible injuries to the City personnel. Rick Jensen, Chief of the Rae Fire District, said the fire districts would never be approved by county taxpayers. Following a thorough discussion, the Commission instructed the City Attorney to examine the City's liability for injury to city fire personnel, as well as damage to City equipment on a rural fi re ca 11 . The City Attorney was instructed to investigate the agreement thoroughly and come in with a recommendation. -2~l4 Status report - Energy grant and future work program The City of Bozeman received a $20,000.00 grant for development of an energy conservation program. The contract has been received for execution. Don Barrick gave a short report as to what has been done in regard to the energy audit, and the future work program pursuant to receipt of the grant. The City Manager was granted authority to sign the contract for the $20,000.00 grant for I development of an energy conservation program. Street Department - "Call for Bids" One used ~1otor Grader - Bid opening February 11, 1981 T~e Street Department has need for a used Motor Grader, and the City Manager requested authorization to call for bids for the purchase of one (1) Used Motor Grader. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, it being a budget item, that the purchase of one Used Motor Grader be authorized, and the Clerk of the Commission be authorized and directed to issue a "Call for Bids" for the purchase to be received on WedneSday, February 11, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and t,1ayor ~lacNab; those vot i ng No, none. Commissioner's suggestion on needed projects, acquisitions, developments, etc. Commissioner Mathre suggested that the Commission make a list of the needed projects and acquisitions for use as the city can afford them. The list is to be completed and presented at the meeting of February 11, 1981. File Reports - Broad Valleys of Federation of Libraries Building Inspector Fire Department - Quarterly repor4 Police Department The City Manager commented on the report of the Broad Valleys of Federation of Libraries, Building Inspector, Fire Department quarterly report and the report of the Police Department. It was moved by Commissioner Swanson, seconded by Commissioner t1athre, that the Commission I accept and file the report of Broad Valleys of Federation of Libraries. 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. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission accept and file the report of the Building Inspector. 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. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission accept and file the report of the Fire Department. 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. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission accept and file the report of the Police Department. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and ~1ayor MacNab; those voting No, none. Commission Resolution No. 2299 - Intent to Create SID No. 615 - Burrup Annexation - public hearing February 11 Commission Resolution No. 2299, declaring the intention to create SID No. 615 - Sanitary Sewer Trunk on Highway 10 along the Burrup Annexation in the amount of $400,000.00, as prepared by the City Attorney was presented. I COMMISSION RESOLUTION NO. 2299 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 A SPECIAL IMPROVEMENT DISTRICT TO BE,KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPER- TIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH \ AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGH- WAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. 245 THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLA- TION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission pass and adopt Commission Resolution No. 2299, and February 11, 1981, be the date set for the I public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and ~1ayorMacNab; those voti ng No, none. Absence of Canmissioner Stiff - January 28, and February 4, 1981 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the absence of Commissioner Stiff, from the meeting of January 28, and February 4, 1981 be authorized in com- pliance with Section 7-3-4349, M.C.A. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and t1ayor MacNab; those voting No, none. Application for Raffle License - Gallatin County Sheriff's Posse 2-16-81 Country Lanes Youth Bowlers 3-25-81 The City Manager presented an application for a raffle license along with the appropriate fee from the Gallatin County Sheriff's Posse, for a raffle to be held on February 16, 1981. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for the raffle license as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and t1ayor MacNab; those voting No, none. The City Manager presented an application for a raffle license along with the appropriate fee from the Country Lanes Youth Bowlers for a raffle to be held on March 25, 1981. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission I approve the application for the raffle license as presented. 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. Adjournment - 5:00 p.m. 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 fo 11 owi ng Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner t1athre, Commissioner Vollmer, Commissio . Stiff, and Mayor MacNab; those voting No; none. n iY ~. .\:'..:'/ /1 )-,/7. - DUNCAN S. MACNAB, Mayor ATTEST: ERNA V. HARDING Clerk of the City Commission I