Loading...
HomeMy WebLinkAbout1981-02-18 259 Bozeman, Montana February 18, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 18, 1981 at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner I Stiff, Commissioner Mathre, City Manager Gesko, Acting City Attorney Johnstone, and the Clerk. The Commission meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff whereupon the minutes of the regular meeting held on Wednesday, February 11, 1981 were approved as submitted. Open construction bids - SID 626 - Sanitary Sewer - Stratford, West Main and Town Pump SID 627 - Sanitary Sewer - Triangle Annexation SID 629 - Sanitary Sewer - 22nd & University Square SID 630 - Paving - 22nd & University Square This was the time and place set for opening bids for the construction of SID No. 626 - Sanitary Sewer - Stratford, West t,1ain and Town Pump, SID No. 627 - Sanitary Sewer - Triangle Annexation, SID No. 629 - Sanitary Sewer - 22nd & University Square, and SID 630 - Paving - 22nd and University Square. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre, and ~1ayor MacNab; those voting No, none. The following bids were then opened and read: 626 627 629 630 Beyers General Const.- Butte $ 22,12I.OO $ 44t717.00 $112,345.50 $ 90,257.00 Big Sky Paving - Bozeman 81, 582.45 77 , 92I. 50 Mike Boylan Const. - Bozeman 9,188.00 20,98I. 75 51, 118.80 Johnston Excavation - Bozeman 59,888.30 I Long Construction - Billings 68,934.00 M. Story Construction - Belgrade 15,208.87 36,693.80 Underground Const. - Bozeman 11,212.00 24,418.00 57,899.50 White-McNeil Const.- Bozeman 15,766.50 29,949.50 65,976.25 Williams Brothers - Lewistown 18,270.00 36,900.00 99,600.00 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., for tabulation and a recommendation to be made on Wednesday, February 25, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Continued hearing - Planning Staff - Zone Code Amendment - Chapter 18.21 provide flexibility to design future lots around cul-de-sacs, terrain features and property shape. Minimum 7,500 square foot lot shall be included to insure uniformity of lot sizes based upon the R-2 District. The hearing on the request of the Planning Staff for a Zone Code Amendment was continued for another week. Appearance by concerned parties regarding Klabunde rezoning decision petition included Several property owners were present in regard to the decision on changing the land use classi- fication from "Medium Density-Residential" to Highway Commercial on a five-acre tract of land described as the SE~, SE~, Section 11, T2S, R5E, M.P.M., Gallatin County, Montana, belonging to Maurice Klabunde. A petition signed by twelve (12) property owners, protesting the Commission's actions and I decision, was also presented. The protestors said there can be no question that the Commission's decision to amend the Master Plan would, in fact, permit commercial development on this tract of land. Therefore, the vote to approve the amendment to the Bozeman Area Master Plan requested by Mr. Klabunde should have required a 4-to-1 majority. The protestors respectfully requested the Commission to reconsider their decision on the five- acre tract of land belonging to Mr. Klabunde. 260 Joseph Sabol appeared on behalf of the applicant, Maurice Klabunde, to discuss generally the five-acre tract of land. Mr. Sabol said that in his judgement Mr. Stiff's vote was made on an un-informed basis. t,1r. Sabol said that since t1r. Stiff had been out of town during the hearing, he was not properly informed of the facts of the issue. Mr. Sabol asked Mr. Stiff if he had visited the site. Mr. Stiff said he had not visited the site but that he had carefully reviewed all staff reports in I connection with the Zone Code Amendment before casting his vote. t1r. Sabol repeatedly questioned Mr. Stiff on the steps he took before voting. ~1r. Sabol further requested that his client be granted a rehearing. Mr. ~1ikkelson said he thought the attack on Commissioner Stiff was entirely out of order, especially when the entire Zoning Commission voted unanimously to deny the Zone Map Change. Following extensive discussion, the Commission referred the request for a rehearing to the City Attorney for research and a recommendation on Wednesday, February 25, 1981. Commission Resolution No. 2301 - Intent to create SID No. 632 - water, sewer, and paving - Shawnee Industrial Park - Burrup Annexation - Public Hearing March 11, 1981 Commission Resolution No. 2301, declaring the intention to create Special Improvement District No. 632 - Sanitary Sewer Construction in the Shawnee Industrial Park Addition (Burrup Annexation) in the amount of $80,500.00, as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 2301 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 IMPROVEr~ENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 632 FOR THE PDRPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX (6) INCH WATERMAIN AND APPURTENANCES ON SHAWNEE WAY IN THE SHAWNEE INDUSTRIAL PARK ADDITION: AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND I NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRONWATERMAIN, INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Mathre-seconded by Commissioner Vollmer, that Commission Resolution No. 2301 be passed and adopted, and Wednesday, March 11, 1981 be the date set for the public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Commission Resolution No. 2302 - Creating SID No. 615 - Sanitary Sewer - Burrup Annexation Commission Resolution No. 2302 of the City of Bozeman, t10ntana, creating Special Improvement District No. 615, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2302 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. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DES- CRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEr~AN, ~lONTANA THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER TRUNK, I NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2302 creating SID No. 615 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner ~1athre, ~1ayor MacNab; those voting No, none. 261 Contract for signature - Arrowleaf Woodwork & Design - $5,435.00 - New Library The Contract Documents for Schedule J - Miscellaneous Millwork in the amount of $5,435.00 awarded to Arrowleaf Woodwork Design - as prepared by Mattson, Prugh & Lenon, architects for the construction of the new Municipal Library, was presented. The City Manager recommended that the Contract Documents be approved and the Mayor and Clerk I of the Commission be authorized and directed to sign the contracts for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. "Call for Bids" - Landscaping and irrigation - New Municipal Library The City Manager recommended that the plans and specifications for the landscaping and irriga- tion around the new Municipal Library as prepared by Architects Mattson, Prugh & Lenon be approved and the Clerk of the Commission be authorized and directed to publiSh a "Call for Bids" for the landscaping and irrigation. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the plans and specifications for the landscaping and irrigation around the new ~1unicipal Library be approved, and the Clerk of the Commission be authorized and directed to publiSh a "Call for Bids" for the land- scaping and irrigation to be opened on Wednesday, March 11, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Sign Code Variance - 317 West Mendenhall - Alpine properties A variance to the sign code requirements in the fire zone has been requested by Alpine Properties located at 317 West Mendenhall. The sign would be constructed out of wood and would be 6' x 4' X 2" thick, and would be 84" above ground total height. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission I approve the variance to the sign code to construct a wooden sign at the Alpine properties located at 317 West Mendenhall. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre, and Mayor ~1acNab; those voting No, none. Energy Extension Service - transportation programs and funds Commissioner Mathre reported on a conservation funding program offered through the Department of Transportation and the Energy Extension Service. Commissioner Mathre advised the Commission that there would be some grant funds available for transportation projects for some of the largest cities. Following an extensive discussion, it was moved by Commissioner Stiff, seconded by Commissioner Mathre, that a letter supporting the transportation system management plan be addressed to the Department of Natural Resources and Conservation. Those voting Aye being Commissioner Mathre, and Commissioner Stiff; those voting No being Commissioner Vollmer, and Mayor MacNab. The vote was lost due to a tie vote. Discussion of Peach Street paving proposal The Commission discussed the Peach Street paving proposal. The City Manager advised the Com- mission that it has been felt that the street should not be paved without cost--subsidized or other- wise--to those abutting the street, depending on their income capability. He further advised the Commission that it was hoped that the paving could continue from North Rouse the two blocks to North Wallace Avenue, but at the present it seems unlikely. Mr. Vollmer, and Mr. Jarrett, owners of property in this area apparently object to the paving project. I Following discussion, the Commission deferred the discussion for a period of one week in order that the City Manager may have the opportunity to contact Mr. Vollmer. Consideration of 312 Program In addition to the present Rehabilitation Program and the schedule of incomes which would be eligible for rehabilitation funds, there is the 312 Programusomewhat the same but with higher income levels. This program would supplement the existing rehabilitation funds. 262 The Planning Director explained the higher income criteria is expected to qualify additional people hindered from participating in the present rehabilitation program because of the low income qualifications which almost preclude home ownership in Bozeman. The Planning Director further explained that the Cit{ would function as the Loan Processins AgevcY., serving as the administrative entitr for the app' ic~nt and the Goyernment. No a mlnlstratlve tunas re provided, there ore, administratlve costs will be extrapolated from administrative allocations in the 1979 Small Cities grant or from administrative funds reserved in the 1979 grant I for 1976 activities. Following discussion, consideration of the 312 Program was deferred for one week. Proposal related to alternative activities HUD funds - Small Cities Grant The following groups appeared before the Commission to express their proposals regarding reprogramming HUD funds: Denny Klewin, Asst. Dean of Students and Director of the Resource Center, Lyle Gohn, Dean of Students and Don Clerk, Assistant to the President of MSU were in attendance to encourage a proposal for housing for the handicapped stating that housing at the University is in short supply and re- latively non-existent to accommodate the number of handicapped. Reach, Incorporated, presented their options for a six-plex to provide independent living training for the developmentally disabled and the need for such a facility. Presently, group homes are utilized with one proposed for closing should the proposal take form. If a facility were provided, it would be able to meet the future needs of those presently in school and ready to graduate. Several persons from the Battered Women's Network appeared to express their need for funding for a shelter house for privacy and protection for the abused. At present, the solutions to isola- ting the battered spouse from the threats are limited by lack of resources and space. I f the proposal was approved, the Bozeman shelter would be the only one in Southwestern Montana. Patty Furniss, appeared on behalf of the Legion House residents regarding their ineligibility for the new units proposed by Greenwood Plaza because of the family size requirements and the exist- I ence of only one bedroom apartments available for the handicapped. In addition, she requested that Legion Housing be maintained, using the available funds to rehabilitate it. Mayor MacNab interjected his insistence that those in Legion Housing be eligible for Green- wood Plaza and requested that HUD be contacted as well as additional clarification from the Plan- ning Office and background in the files. He understood that residents of Legion Housing would be "grandfathered" into the new development and have a first priority in the assignment of the new apartments. Paul Bolton advised the Commission that the intent of Greenwood Plaza was to replace the Legion Housing. Mr. Bolton further stated that his department would contact HUD in regard to Section 8. The City Manager stated that perhaps the Commission misinterpretated the responses of Federal officials to questions regarding the HUD-financed housing project. He felt that the Legion Housing residents would be given priority, "providing they qualify". The Commission directed the City Attorney to review the matter and report on his findings at the meeting on Wednesday, February 25, 1981. A Northeast Alliance representative appeared to request scheduling a public hearing to discuss the reprogramming of funds to obtain input to meet the needs of the people on the North side of Bozeman. Grant Application - EPA No. C300208, Step 2 - Thomas, Dean & Hoskins Engineering - $11,745.00 The outlay report and request for reimbursement for construction program sponsored by EPA, No. C300208, Step 2 in the amount, not to exceed $11,745.00, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission I approve the Grant Application for engineering services to Thomas, Dean & Hoskins, Inc., per con- tract amendment No.7, dated October 10, 1979 for the secondary treatment plant and contract amendment No.9, dated October 22, 1980, in the amount not to exceed $11,745.00. The motion was was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. 263 Easement Agreement - Bozeman Town Pump, Inc. An Easement and Right of Way Agreement by and between the Bozeman Town Pump, Inc., and the City of Bozeman, for the purpose of constructing and install ing a sanitary sewer in a tract of land lying in the Southwest Quarter, Southeast Quarter, Section 11, T2S, R5E, described as Tract 5 on the Plat of Tora Ditemen Property filed in the Gallatin County Clerk and Recorders Office, I also known as the Town Pump Annexation. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Easement and Right-of-Way Agreement, and the Mayor and Clerk of the Commission be authorized and directed to sign the Agreement for the City of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Ordinance No. 1066 - Establishing Electrical Power in AS Zone Ordinance No. 1066 establishing electrical power sub-stations as a Conditional Use in the AS Zone, as prepared by the City Attorney, was presented, entitled: ORDINANCE NO. 1066 AN ORDINANCE ESTABLISHING ELECTRICAL POWER SUB-STATIONS AS A CONDITIONAL USE IN THE AS ZONE. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Ordinance No. 1066. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre, and Mayor MacNab; those voting No, none. Building Code School - Helena, Montana - March 5-6 (Don Barrick) A Building Code School has been scheduled to be held in Helena on March 5-6 and the Building Inspector, Don Barrick, requested permission to attend the school. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Mr. Barrick be granted permission to attend the school and, it being in the public interest, his expenses be paid I from the appropriate fund. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Fire Department National Fire Academy - Emmitsburg, Maryland - Bruce Thompson to attend - t~arch 2 -28, 1981 The National Fire Academy is scheduled to be held in Emmitsburg, Maryland, and the Fire Chief requested permission for Bruce Thompson to attend this school. The meals would be the only cost to the City. The National Fire Academy is reimbursing the City for the balance of expenses. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Bruce Thompson be granted permission to attend the school 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 Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Fire Department Annual Report The Fire Department's Annual report was presented for acknowledgement and filing on Wednesday, February 25, 1981. File reports - Broad Valleys Federation Building Inspector Police Department The City Manager commented on the report of the Broad Valleys Federation, the Building/ARaPtH~or Police Department and recommended that they be accepted and ordered filed. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre, and Mayor MacNab; those voting No, none. 264 Adjournment - 4:45 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Stiff, 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 Stiff, Conuni s s i one r t.1a thre , Commi s sian e r Va 11 me r, and Mayo tCNab; t ~o'je' vO tin g NO,. no: e . I ! i ' i ) A . ./;t/--- It /:-t~~',1( ?<-..'>-' ~ DUNCAN S. MACNAB, Mayor ATTEST: ERNA V. HARDING Clerk of the City Commi ss i on I I