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HomeMy WebLinkAbout1978-07-26 008 July 26, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 26, 1978, at 1:15 o'clock p.m. Present were Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, July 19, 1978, were approved as submitted. I Absence of Mayor Sedivy authorized - July 26, 1978 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Mayor Sedivy, from this meeting be authorized in compliance with Section ll-3245, R.C.M. 1947, and that Commissioner MacNab be appointed President Pro-Tempore during his absence. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Com- missioner Swanson, Commissioner Vandeventer,&Acting Mayor,MacNab. Final Discussion - re 1978 sidewalk and curb reconstruction program The decision on the 1978 sidewalk and curb reconstruction program, having been deferred for a period of two weeks to allow time to review the protests and make an on the site inspection of the protest areas, was brought before the Commission. Mrs. Breeden requested the City Commission to approve a 3' boulevard rather than the normal 5~' boulevard since alignment would require excavation of a slope and eliminate some trees. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the variance be granted Mrs. Breeden as requested.. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor, MacNab, those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion deny Mr. Chase's request to not replace the sidewalk on College Street between 10th and 1lth Avenue. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those I voting No, none. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commis- sion deny the protest by Mr. John Borg for replacement of South driveway section on Eleventh Avenue. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sionerVandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission deny Mrs. Olga Townsend's request to not replace the sidewalk on College Street. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, MacNab, those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve Anne D. Robert's application for a sidewalk variance. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner Vollmer and Acting Mayor, MacNab, those voting No, none. Bruce Kania requested the City Commission to extend his payment plan from five years to eight years for the placement of 45'x5'of 4" sidewalk located at 729 South Twelfth Avenue. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the sidewalk be ordered in and a payment plan of eight years be approved. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commis- sioner Swanson and Acting Mayor, MacNab, those voting No, none. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the application requesting a sidewalk variance on the West side of Koch on South 14th Avenue North of Koch Street be granted. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, and Acting, Mayor MacNab, those voting No, none. Commis- sioner Vandeventer abstained. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission deny Leroy Spain's request to not replace a new sidewalk on the West side of Thirteenth, North of Koch Street. The motion was carried by the following Aye and No vote, those voting Aye being, Com- missioner Swanson, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Commis""'" sioner Vandeventer abstained. , , (', ('- .! . .~"\ vv,-" The Commission concurred in the recommendation of the City Engineer, and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission deny Mr. Montgomery's request for a variance at 20 East Garfield. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. I The City Engineer recommended that Robert A. Taylor saw-cut a three foot strip out of the side- walk in front of the St. George to remove the crack. This is to be replaced with new concrete. The small crack on the one block will be patched by Mr. Taylor in an attempt to evaluate the miracle material he received from Texas. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission approve the variance as stated above. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, being Commissioner Swanson. The Commission deferred action on the application for a variance on Hugo Ecks property located at 10 West Garfield. Ordinance No. l008 - Amend Zone Code to allow profession and business uses as a conditional use in the B-l zone Ordinance No. 1008 amending Section l8.72.050(9) of the Bozeman Municipal Code to include pro- fessional and business office uses as a conditional use in the B-1 zone was presented, entitled: ORDINANCE NO. 1008 AN ORDINANCE AMENDING SUBSECTION (9) OF SECTION l8.72.050 OF THE BOZEMAN MUNICIPAL CODE TO INCLUDE PROFESSIONAL AND BUSINESS OFFICE USES AS A CONDITIONAL USE IN THE B-1 NEIGHBORHOOD BUSINESS DISTRICT. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 1008 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, I MacNab, those voting No, none. Commission Resolution No. 1993 - Authorizing purchase of road oils from Montana State Highway Department Commission Resolution No. 1993 authorizing the purchase of not to exceed 25,000 gallons Road Oil during the fiscal year, July l, 1978 to June 30, 1979, for use by the Street Department in repairing pavement and for sealing certain sections of existing pavement within the city, from the Montana Highway Department, was presented as follows: COMMISSION RESOLUTION NO. 1993 WHEREAS, the City of Bozeman will have need during the fiscal year July 1, 1978 June 30, 1979, for road oils for use in repairing streets and for sealing certain sec- tions of existing pavement within the City, and WHEREAS, the City of Bozeman does not have proper facilities for handling and stor- ing the needed quantities of oils, and WHEREAS, the Montana State Highway Department does have storage facilities and norm- ally does have quantities of the required types of oils stored in Bozeman from which it can supply the quantities needed by the City of Bozeman, NOW, THEREFORE, BE IT RESOLVED: That an emergency does exist relative to the procurement of road oils by the City of Bozeman and the City Manager is hereby authorized to purchase from the Montana State Highway Department, from its stocks in storage in Bozeman approximately twenty-five thou- sand (25,000) gallons of road oil, this to be purchased from time to time during the fiscal year July 1, 1978 - June 30, 1979, as needed by the City of Bozeman for repair and sealing of existing pavements, and these quantities of road oils to be purchased at cost plus nor- mal handling charges. Said parchase is to be made from HB254 and SB362 "Gas Tax Funds." I PASSED AND ADOPTED by the City Commission of Bozeman, Montana, at a regular meeting of said Commission held on the 26th day of July, 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the resolution be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. Petition - Request creation of Special Improvement District for the roadway construction within the McChesney tract A letter received from Mr. A.E. McChesney petitioning the City of Bozeman to create a Special . ,fir... 010 Improvement District for street surfacing for the McChesney Industrial Subdivision was presented. The Commission concurred in the recommendation of the City Manager, and it was moved by Commis- sioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition and instruct the engineering staff to furnish the necessary information to create the dis- trict. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, MacNab, those voting No, I none. Execution of contract documents - Sidewalk and Curb reconstruction progam The contract documents for the construction and reconstruction of miscellaneous sidewalks and curbs in the amount of $85,277.70 was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the contract documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Concrete Specialties be authorized to proceed with construction and reconstruction of the miscel- laneous sidewalks and curbs. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Commission Resolution No. 1996 - Stating Bozeman's concern regarding possible elimination of Amtrak rail service Commission Resolution No-~ 1994 voicing Bozeman's objections to any reduction in Amtrak rail ser- vice serving Montana was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Res- olution No. 1996 be passed and adopted and the City Manager be directed to send a copy of the reso- lution to Mr. Larry Singer who is connected with the Office of Rail Public Counsel in Washington, D.C. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. I Raffle License Application - Beta Signa Phi - October 25, 1978 The City Manager presented an application along with the required fee from Beta Sigma Phi for a raffle to be held October 25, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor, MacNab, those voting No, none. Bozeman Jaycees - request to waive $300.00 license fee for a rodeo sanctioned by the Montana Rodeo Association A letter received from the Bozeman Jaycees requesting that the City Commission waive the $300.00 license fee for the rodeo was presented. They said the reason for requesting the Commission to waive the fee was that most of the projects are concerned withfue Bozeman citizens and that the money they make will go directly into the community. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission deny the request to waive the $300.00 license fee. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Second round discussion - re proposed Sweet Pea Festival (committee/staff) Several persons fromfue Sweet Pea Festival Committee were present in regard to their proposals I for the coming Festival. Ed Groenhout, Festival Chairman, said that no one could predict the crowd, but their objective was to split the crowd into various locations by having different activities scheduled. The Park Superintendent felt that the thirteen p~rtable rest rooms ordered for Lindley Park indicated the crowd would tear up the grass. The City Manager felt that the consumption of beer might cause problems. The Commission dis- cussed the possibility of posting signs warning citizens they would be violating the law if they had open containers. Mr. Grounhout advised the Commission that volunteer groups had been asked to help with cleanup each morning of the festival. He expressed his appreciation to all persons connected with the Sweet Pea Festival. ., i j v_"",. Library Board recommendation - replacing bond issue in the amount of $1.46 million to build new public library before voters at the general election A letter received from the Library Board whereby they recommended placing the bond issue in the amount of $1.46 million to build a public library before the voters at the general election was presented. I The City Attorney advised the Commission that petitions signed by twenty percent of the voting taxpayers in the City must be received before the issue can be put on the ballot. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Manager acknowledge receipt of the recommendation and that action be continued until a full commission is present. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, HacNab, those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. ATTEST: I ERNA V. I ~-------