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HomeMy WebLinkAbout1981-06-17 -400 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA June 17. 1981 ********************* I The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, June 17. 1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner V olImer . Commissioner Stiff. Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick. City Attorney Planalp and the Interim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner VoHmer. The minutes of the regular meeting of June 10. 1981. were approved as submitted. - - ... "- ,- - O?en Bids - Water Department - One (1) Economy Pickup This was the time and place set for opening bids for the purchase of one (l) 1981 model economy pickup truck for the Water Department. 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 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 The following bids were then opened and read: J. C. Billion. Bozeman $6.398.00 Don Norem Chevrolet-Buick. Bozeman $6,000.00 It was moved by Commissioner Stiff. seconded by Commissioner Swanson. that the bids be referred to the Ci ty staff for a recommendation to be made on June 24. 1981. The motion 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 - Story Hills Annexation The Story Hills Annexation hearing was held on May 27. 1981. and any action was deferred for a period of at least twenty days for comments for or against the proposed annexation. There was one written protest on file. and no one appeared to protest verbally. The Interim City Manager stated that the City can provide sewer service. but he doesn't feel that we can extend the water services. He also stated that street access should I be dealt with. preferably containing some condition where the subdividers or landowners would participate in the paving or provide paving prior to the sale of individual bts. He stated that the City would provide fire and police protection; and garbage pickup could be pro- vided by a private hauler or the City. He stated that the main considerations are the streets and the water. a01 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission instruct the City Attorney to prepare the ordinance for annexation. subject to the availability of City services, except water and roads, and further subject to a review by the staff of the formula for the paving of off-site roads. to be brought before the Commission next I week for action. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre. Commissioner Vollmer. Commissioner Stiff and Mayor MacNab; those voting No. none. Decision - David Osterman - Zone Map Change - R-3 to B-2 - 19th and Olive Interim City Manager Evans stated that at the meeting held on June 17, 1981, the decision on this zone map change was to be made. At that meeting. a motion was made to deny the request for a zone map change from R-3 to B-2 on a parcel of property on the northeast corner of Nineteenth and Olive. That motion died because of a 2 to 2 vote. The matter was then tabled until this meeting. when a full five members were present. The Interim City Manager then recommended denial of the request. It was moved by Commissioner Mathre. seconded by Commissioner Vollmer. that the Commission deny the request of David Osterman for a zone map change from R-3 to B-2 on a parcel of land located on the northeast corner of Nineteenth and Olive. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Com- I missioner Stiff; those voting No being Commissioner Vollmer and Mayor MacNab; Commissioner Swanson abstained. Continued Public Hearin - Commission Resolution No. 2326 - Create SID 636 (l) - ave one bhck of Peach treet - Commission Resolution No. 2327 - Create SID 636 (2) - pave two b locks of Peach Street The public hearings on Commission Resolution Nos. 2326 and 2327. intent to create SID No. 636{l) and 636(2). respectively, were opened on June 10, 1981. and continued until this date. due to the fact that the fifteen-day time to receive written protests was not yet com- pleted. Mayor MacNab reopened the public hearing. There had been no written protests received on either Commission Resolution No. 2326 nor No. 2327. Walt Wagenhals, 428 North Wallace. stated that the dust has a deteriorating effect on the structures and vegetation in the area, as well as causing health hazards for the residents. He also stated that the maintenance required with the grader was rather costly. He stated that to pave the street would cost less in the long run than to not pave it. He supported I Commission Resolution No. 2327, to pave the two blocks of Peach Street. --402 Charlie Carpenter. 516 North Wallace, stated that HUD funds earmarked for this project have a time limit. He stated that these funds should be used for this purpose. Dave Jarrett. owner of the BonTon Feed Mill property, stated that he is negotiating for the railroad property. He is opposed to the paving of the second block. He stated that the City is making a mistake to use HUD funds for a commercial area. He stated that I the houses in the area are a non-conforming use. Dick Vollmer, manager of Karst Stage, reaffirmed his point of view that the paving of the second block of Peach Street would cause a financial hardship for the owner of the property where Karst Stage is located. Mayor MacNab closed the public hearing. The Mayor requested that the matter be placed on the agenda of the July 1, 1981. meetin g for a decision. Report on Sewer Rate Study - Thomas, Dean and Hoskins Mr. Tom Thomas. from Thomas, Dean and Hoskins. the City IS consultin g engineers, presented a report to the Commission on the proposed restructuring of the sewer rate schedule. He stated that EPA requested the restructuring of the payment for sewer to more closely reflect the actual amount used. He stated that under the basic categories, the metered residential category would provide approximately the same amount of revenue as it presently does. Big sewer users would pay a proportionate amount. which would dramatically increase I the charges to them. The Mayor thanked Mr. Thomas for his presentation to the Commission. Petition to create SID - water. sanitary sewer and paving - roadway between Waddell IS and Midland Trucking (North Rouse) - Joe and Dan Sebena Interim City Manager presented to the Commission a petition on behalf of Joe and Dan Sebena to create Special Improvement Districts for the installation of water main. sanitary sewer and paving for Tract 10 in the Northeast Annexation. said property located west of Bozeman Creek. The Interim City Manager stated that they are sole owners of the land. He also stated that they don 't have an acceptable subdivision yet. and recommended that the Commission acknowledge the petition and refer it to staff for further research and action. It was moved by Commissioner Vollmer. seconded by Commissioner Stiff, that the Com- mission accept the petition on behalf of Joe and Dan Sebena for Special Improvement Districts for water main, sanitary sewer and paving for Tract 10 in the Northeast Annexation and that the petition be referred to staff for further review. The motion 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 40S"' No. 1 - SID No. 615 - Chan e size of Halite interce tor sewer from 8" to 10" - Interim City Manager Evans presented to the Commission Change Order No. 1 for Special I Improvement District No. 615. to change the size of the Hyalite View interceptor sewer from 8" to 10". at an additional cost of $4,325.00. The Interim City Manager concurred in the rec- ommendation of the City Engineer for approval of the change order. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve Change Order No. 1 to change the size of the Hyalite View interceptor sewer from 8" to 10". at a cost of $4,325.00, and that the Mayor be authorized to sign the change order. The motion 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. Authorize Mayor to sign - Request for reimbursement - EPA project - $43,721.00 Interim City Manager Evans presented to the Commission a request for reimbursement for the EPA project in the amount of $43.721.00 and recommended that the Commission auth- orize the Mayor to sign. It was moved by Commissioner Swanson, seconded by Commissioner Mathre. that the Commission authorize the Mayor to sign the request for reimbursement for the EPA project in I the amount of $43,721.00. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson. Commissioner Mathre, Commissioner Vollmer. Commissioner Stiff and Mayor MacNab; those voting No, none. Parade - American Le ion Post No. 14 - Chan e date of arade from Jul 8 to Interim City Manager Evans presented to the Commission a request on behalf of the American Legion Post No. 14 for a change of date from July 8, 1981 to July 9. 1981 at 9:00 p.m. for the parade which the Commission had approved at its meeting of April 29, 1981. He recommended approval of the request for the date change. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer. that the Commission approve the request of the American Legion Post No. 14 to chan ge the date of the parade from July 8. 1981 to July 9. 1981. at 9:00 p.m. as previously approved by the Commission. The motion 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 Request to place wooden sign in Fire Zone I - Hostetter's Custom Draperies Interim Assistant City Manager Barrick presented to the Commission a request to place a wooden sign in Fire Zone I on behalf of Hostetter's Custom Draperies. located at 1238 West Main Street. He stated that the wooden sign would be on the face of the building and would have no electrical apparatus. He recommended approval of the request. -'404 It was moved by Commissioner Vollmer. seconded by Commissioner Stiff. that the Com- mission approve the request of Hostetter's Custom Draperies to place a wooden sign in Fire Zone 1. The motion carried by the folhwing Aye and No vote: those voting Aye being Com- missioner Vollmer. Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Continued discussion - main arterial streets of the City Interim City Manager Evans requested that this continued discussion be continued until a later date. Mayor MacNab continued the discussion. Possible new telephone system for City Hall Complex Interim City Manager Evans stated that a new telephone system is needed in the" City Hall Complex. The system presently in use is at capacity. Also. better systems have been developed during the past few years. He stated that Mountain Bell has submitted a proposal, and a representative will be present next week for a short presentation. Also. a representa- tive of Executone is to present a proposal within the next two weeks, and is scheduled on July 8, 1981 for a short presentation to the Commission. The Interim City Manager stated that the present system will cost approximately $2.000.00 per month under the new rate schedule; and the new system under Mountain Bell's pro- posal would be approximately $2.200.00 per month. I Discussion - H UD Grant reprogramming proposals and ratings Interim City Manager Evans stated that four proposals had been selected as the best proposals. one of which was deemed ineligible by HUD. He also stated that the proposal which had been ranked as No. 2, the Legion Housing. had stated their intention to withdraw the application if certain criteria were met. He further stated that the Commission could con- sider three different options: (1) award to one or more applicants; (2) reserve for possible relocation costs for present residents of Legion Housing; or (3) return the money and close the grant. Barbara Agocs. Grants Coordinator. stated that an amendment procedure must be fol- lowed if the funds are reallocated. She stated that this would take approximately one month. She stated that the program was to end on June 30. 1981, but the City has received an ex- tension to September 30, 1981. Bob Dixon, representative of American Legion Housing. stated that for the past five years just maintenance on the buildings has been done because of a 30-day lease on the land I with the City. He stated that they would improve the apartments if they were given a longer lease. He stated that the Legion would use the monies from the HUD Grant to rehabilitate the buildings, and that the tenants have agreed to help improve the buildings. Interim Assistant City Manager Barrick read a letter from the Water Superintendent. stating that the water lines are in a dilapidated state and need to be replaced. The Interim 405 Assistant City Manager also stated that the footings and foundations were found to be deter- iorating and should be replaced to be done properly. Barbara Agocs, Grants Coordinator, stated that, under the HUD program. single-family dwellings having faulty foundations have been upgraded, but the foundations have been left I because of the cost involved. Commissioner Swanson stated that it appears that Legion Housing will still remain. He suggested giving an adequate lease on the ground. and the buildings will be their responsi- bility. He stated that the buildings should be habitable within a certain period of time, and beautification projects should be undertaken. Commissioner Mathre stated that she favored the proposal submitted by Reach, Inc. She stated that this is something that would be beneficial for quite a long time. Barbara Agocs, Grants Coordinator. stated that if the award of the HUD Grant money is made to the American Legion Housing and the rehabilitation is done. the City will own the property for several years. under the HUD Program. Commissioner Stiff asked if the City doesn't have an ethical responsibility, since it put the Legion into the problem because of the lease agreement. Bob Dixon. representative of the American Legion Housing, stated that if the Legion were given an extended lease, they would totally withdraw their application for HUD funds. It was moved by Commissioner Swanson. seconded by Commissioner Vollmer. that the Commission direct the staff to explore the feasibility of the folhwing distribution of the HUD I Gran t monies: $150.000.00 Reach. Incorporated $ 50,000.00 Battered Women's Network 10-year lease to Legion Housing with all legal aspects covered. Following a brief discussion of the motion. Commissioner Swanson revised the proposal as follows, and Commissioner Vollmer accepted the revision: $125,000.00 Reach, Incorporated $ 75,000.00 Battered Womens' Network 10-year lease to Legion Housing with all legal aspects covered. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson. Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Stiff; Commissioner Mathre abstained. Mayor MacNab requested that the staff submit its report for further discussion and a possible decision by the Commission at the meeting on June 24. 1981. Discussion - New vehicle storage building - lease plan (creative financing) Interim City Manager Evans stated that he has studied a program in which a contractor I builds a building to specifications and leases it back to the City for a period of time. After 15 or 20 years, the building would be owned by the City. He stated that he has spoken with three local contractors, and all have voiced interest in the idea. He stated that City Attorney Planalp sees no problem with the program. The proposed building would be 100 feet by 160 feet with one bay for maintenance of -"40'6 the Street Department's large equipment. One section would be "warm storage," with a maxi- mum temperature of 400 for hydraulic equipment. and the rest would be "cold storage." The building could be constructed of metal, concrete block or precast concrete. There would be insulation in the "warm storage" area. The Interim City Manager stated that the approximate cost of this building would be $240,000.00. This would cost approximately $3,000.00 a month I for lease payments, which would be spread between the General Fund, Water Fund, Sewer Fund and Garbage Fund. This building would be located near the New City Shop. The old wood building presently on the premises would be removed. and the new building placed in that loca tion . Interim Assistant City Manager Barrick stated that he had spoken with Paul Schofield. architect with BGS Architects. Mr. Schofield stated that he could draw up specifications for this building for approximately $1.000.00. The Interim City Manager requested that the Commission approve the concept and the preparing of specifications for a proposed leased building. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- mission authorize the expenditure of $1.000.00 for the preparation of specifications for a proposed leased storage building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No being Commissioner Stiff. Request - Bedpan Cup Committee - Bozeman Deaconess Hospital - Use of Bogart Park - Open I container ordinance - June 28, 1981; Banner across Main Street - June a-lS; Proclamation - "Support Your Local Hospital Week" Interim City Manager Evans stated that this request has multiple parts. He stated that the Bedpan Cup Committee has received permission to use Bogart Park, and they are now requesting a waiver of the open container ordinance so that they may serve beer from noon un til 9: 00 p. m. Also, they request permission to erect a banner across Main Street at Black Avenue, for "Support Your Local Hospital Week." The Interim City Manager recommended approval of these two requests. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff. that the Com- mission approve the requests of the Bedpan Cup Committee, Bozeman Deaconess Hospital, for a waiver of the open container ordinance on June 28. 1981. in Bogart Park, and for the erection of a banner across Main Street. The motion 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. Mayor MacNab proclaimed the week of June 22-28. 1981 as "Support Your Local Hospital I Week" in the City of Bozeman and urged all citizens to join in expressing their support. It was moved by Commissioner Stiff. seconded by Commissioner Swanson. that the Com- mission concur in the Mayor's proclamation. The motion 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. 407 City-State-Consultant Contract for completion of Transportation Study Interim City Manager Evans presented to the Commission a contract for completion of the transportation study. This City-State-Consultant contract would hire Clete Daily and Associates to complete the transportation study. The City Attorney had reviewed the contract I and found no problem. The Interim City Manager recommended approval of the contract. It was moved by Commissioner Stiff, seconded by Commissioner Swanson. that the Commission authorize the Mayor to sign the City-State-Consultant Contract for completion of the transportation study. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson. Commissioner Mathre. Commis- sioner Vollmer and Mayor MacNab; those voting No. none. Application for Beer License - Gallatin Valley Softball Association - June 22-23, 1981 Interim City Manager Evans presented to the petition an application for a beer license, along with the required fee, on behalf of the Gallatin Valley Softball Association for June 22-23. 1981. It was moved by Commissioner Swanson. seconded by Commissioner Mathre, that the Commission approve the application for a beer license on behalf of the Gallatin Valley Soft- ball Association for June 22-23. 1981, subject to the acquiring of a State Beer License num- ber. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Swanson. Commissioner Mathre. Commissioner Vollmer. Commissioner Stiff and Mayor I Mac Nab; those votin g No. none. Request - picnic in Lindley Park. - Woo1co employees - June 19. 1981 - open container ordinance Interim City Manager Evans presented to the Commission a request on behalf of the Woolco employees for a waiver of the open container ordinance in Lindley Park on June 19. 1981, during the afternoon and early evening. The Interim City Manager recommended ap- proval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- mission approve the waiving of the open container ordinance for the Woolco employees in Lindley Park on July 19, 1981. during the afternoon and early evening. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vollmer, Commissioner Stiff. Commissioner Swanson and Mayor MacNab; those voting No. none. Request for Sidewalk Sale - The Border Works - 10 East Main Interim City Manager Evans presented to the Commission a request on behalf of the I Border Works at 10 East Main for permission to hold a sidewalk sale to run through the end of June. The Interim City Manager recommended approval of the request, subject to the provision that the table be placed so that it does not block the sidewalk. It was moved by Commissioner Vollmer. seconded by Commissioner Stiff. that the Com- mission approve the request of The Border Works for permission to place a table on the side- walk for a sidewalk sale to run through the end of June. subject to the provision that the --408 table be placed close to the building so that it does not block the sidewalk. The motion 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. Claims I Claims for the past two weeks were presented. The Interim 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 Stiff, seconded by Commissioner Swanson, that the claims be approved as presented. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Stiff. Commissioner Swanson. Commissioner Mathre. Com- missioner Vollmer and Mayor MacNab; those voting No, none. Authorize absence of Commissioner Stiff - June 24. 1981 It was moved by Commissioner Swanson. seconded by Commissioner Mathre, that Com- missioner Stiff be excused from the meeting of June 24. 1981. in compliance with Section 7-3-4349. M.C.A. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer. Commissioner Stiff and Mayor MacNab; those voting No, none. I Conference - Fire De artment Chief and De ut Chief - Helena. Montana - Interim City Manager Evans presented to the Commission a request from the Fire De- partment for permission for the Fire Chief and Deputy Chief Welch to attend a Fire Protection Master Planning Workshop in Helena, Montana. on June 18-19, 1981. The approximate cost is $120.00, and this item has been budgeted. The Interim City Manager recommended ap- proval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer. that the Com- mission approve the request for the Fire Chief and Deputy Chief Welch to attend the Fire Protection Master Planning Workshop in Helena. Montana, on June 18-19. 1981 and. it being in the public interest, their expenses be paid out of the appropriate funds. The motion 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. Report - Broad Valleys Federation of Libraries for May I Interim City Manager Evans stated that the Broad Valleys Federation of Libraries report for May 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff. that the Com- mission acknowledge the report of the Broad Valleys Federation of Libraries for May 1981 and 409 that it be brought back to the Commission next week for filing. The motion 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 File report - Police Department for May Interim City Manager Evans stated that the Police Department report for May 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson. that the report be accepted and ordere d filed. The motion 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. Possible Special Commission meeting - Valley Unit No. 2 - (Joint hearing with County) Interim City Manager Evans stated that the City Commission and County Commission must meet a deadline of July 3. 1981 in reaching a decision regarding the preliminary plat for a mobile home subdivision to be located in Valley Unit No. 2 Subdivision. He recommended that the City Commission and County Commission attempt to meet on June 29 or June 30 at 7: 00 p. m.. to meet the July 3 deadline. Mayor MacNab instructed the Interim City Manager to attempt to set the meeting date I for this Special Commission meeting. Adjournment There being no further business to come before the Commission at this time. it was moved by Commissioner Vollmer. seconded by Commissioner Stiff. that that the meeting be adjourned. The motion 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. A~~. DUNCA S. MACNAB. Mayor ATTEST: ROBIN L. WILLIAMS Interim Clerk of the City Commission I -~- _..._"'----"--"-----~------------