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HomeMy WebLinkAbout1978-10-04 o~o l \.j_ October 4, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 4, 1978, at 1:l5 p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney Berg, and the Clerk. Mayor Sedivy opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, September 27, 1978, were approved as read. I Confirmation - Police Officer James Kennedy - Effective October 4, 1978 A letter received from the Acting Police Chief stating Officer James Kennedy had success- fully completed his probationary status as a Member of the Police Department effective October 4, 1978, was presented. The Ac ting Chief of Police recommended that Officer Kennedy be confirmed as a regular member of the Police Department effective October 4. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the confirm- ation of James Kennedy as a police officer be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permits (a) Rocky Mt. Fence - Warehouse located at 2001 North Rouse This was the time and place set for a public hearing to consider the request of E. Hartze, Rocky Mountain Fence. The petitioner wishes to construct a new warehouse measuring 32 by 80 feet. The new structure would be attached to the existing office building located at 200l North Rouse. The Planning Director advised the Commission that the property is located in the M-l Zone. The Mayor declared the public hearing closed, and the City Manager recommended that action be deferred for a period of one week. (b) Gary Voorhees - Lehrkind Mansion - retail business antique and used furniture located at 709 North Wallace I This was the time and place set for a public hearing to consider the request of Gary Voorhees to utilize the first floor of the Lehrkind Mansion located at 709 North Wallace for displaying used furniture & antiques for sale. The petitioner was present and advised the Commission that they intend to keep the Lehrkind Mansion as a historical site. Commissioner Swanson asked the City Attorney if any kind of historical limitations could be put on an M-l zone. The City Attorney advised the Commission that he would investigate it. The Mayor declared the hearing closed. Action on the request will be deferred for a period of one week. (c) W.D. Filson - Convert Eddie's warehouse to steel manufacturing operation (Tract l, Bozeman Industrial Park) This was the time and place set for a public hearing to consider the request of William D. Filson. The petitioner wishes to convert the Eddie's Warehouse building located at 2l0l Industrial Drive to steel stove manufacturing operation. The Planning Director presented the staff report, stating that the only major concern would be that no large scale manufacturing occur at the site. Mr. Filson stated that only small related parts will be fabricated on site with all plates to be cut in Spokane and shipped to the site. The site is zoned M-l-T which requires transitional review. The Mayor declared the hearing closed and a decision will be made on Wednesday, October I 11, 1978. (d) Bozeman Cable TV - establish earth station, Lot 9, Bulen Subdivision Commissioner Vandeventer was excused 1:30 p.m. This was the time and place set for a public hearing to consider the request of Bozeman Cable T.V. The petitioner seeks a conditional use permit to allow an earth station located on Lot 9 of the Bulen Subdivision. The tract is located approximately 700 feet north of Gardner Park Subdivision, and adjacent to Sourdough Road. Michael Sand, Attorney, representing Bozeman T.V. addressed the Commission and stated the applicant was agreeable to all conditions recommended by the Zoning Commission. The above l ) ~ U-.JJ site was chosed because the dish has to be located on a site where there are not interferences from microwave transmissions. The public hearing was closed and a decision will be made on Wednesday, Ocotober ll, 1978. Bond Sale-SID 592-Watermains Figgins Phase 3 - $23,000.00 SID 593-Sanitary Sewer Figgins Phase 3 -$25,000.00 SID 594-Paving and storm drain Figgins Phase 3 - $76,000.00 I The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No. 592, 593 and 594. The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of SID No. 592, 593 and 594. There were no sealed bids and there was no one present to bid on Bonds of SID No. 592 in the amount of $23,000.00, SID No. 591' in the amount of $25,000.00 and SID No. 594 in the amount of $76,000.00. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission authorize the City Manager to negotiate a sale for the bonds of SID No. 592, and 593. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. SID No. 594 was listed for bond sale in error. The plans and specifications were not ready and will not be let until spring. Award Bids - SID No. 592 - Watermains Figgins Phase 3 SID No. 593 - Sanitary Sewer Figgins Phase 3 SID No. 594 - Storm Drains Figgins Phase 3 The City Attorney recommended that the City not award the bid for construction until the bonds are sold. Consideration of waiver - transient merchant fee for Bozeman Winter Fair I Sections 3.12.030 and 3.12.050 of the Bozeman Municipal Code require out of city merchants to acquire a $35.00 transient retail merchants license and to post a $l,OOO.OO surety bond. This affects particularly the Montana Winter Fair. Those businesses which are local and dis- play at the Winter Fair have paid their annual license fee prior to this event. However, out- of-city merchants have not been charged this transient retail merchant fee--when exhibiting at the Winter Fair. A letter received from Wayne Gibson, Vice President of the Winter Fair Board requesting that in light of the possible reluctance on the part of certain businesses to participate and exhibit at this annual function due to the licensing fee and the accompanying code provisions which require posting of a $1,000.00 security bond, that enforcement of this code provision be waived for the Winter Fair which will be held in the City of Bozeman on January 26th through February 2, 1979. Based on last year's exhibitors, 28 businesses may have to pay the fee unless the city waives the requirements. Commissioner Vandeventer said he did not think the city should give outsiders a break when local businesses have to pay city license fees. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission delay action on the request for further information. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Approve plans and specifications & "Call for Bids" S. Sewer & Water Main SID 587, 589 & 59l I Bomont Subdivision & N.E. Annexation - Open bids November 1- Authorize sale of bonds November 8, 1978 The City Manager recommended that the plans and specifications for the construction and installation of sanitary sewer and water mains on SID 587, 589 and 591, all located in the Bomont Subdivision & Northeast Annexation, as prepared by Thomas, Dean & Hoskins, Inc., be approved. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the plans and specifications be approved as presented. Also, that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of sanitary sewer and water mains with an opening date of November 1, 1978. The Clerk of the Commission was also authorized and directed to advertise for bids for the 052 sale of bonds for SID No. 587 in the amount of $80,000.00, SID No. 589 in the amount of $32,000.00 and SID No. 59l in the amount of $440,000.00, to be received on November 8, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Easement & Right-of-way Agreements - Water & Sewer line construction I (a) Montana Industrial Development Corporation (b) Marie Keltz & Gene Cook A Sewer Line Agreement by and between Marie Keltz and Gene Cook and the City of Bozeman for the purpose of installing, operating, maintaining and removing a sanitary sewer across the Northeast portion of the City of Bozeman, and a waterline Agreement by and between Mont- ana Industrial Development Corporation and the City of Bozeman for the purpose of installing, operating, maintaining and removing a waterline across the Northeast portion of the City of Bozeman, were presented. Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, sec- onded by Commissioner Vollmer, that Sewer and Water Line Agreements be approved 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 Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Commission Resolution No. 2005 - Intent to vacate Fridley Street, east of Milwaukee Spur Track The City Manager advised the Commission that he had negotiated with the owner of proper- ty adjacent to Fridley Street and McAdow Street in the northeast area of the city for vacation of this street right-of-way. Following discussion and upon recommendation of the City Manager, it was moved by Commis- sioner Vollmer, seconded by Commissioner Vandeventer, that the Commission accept a payment of $2,000 for vacation of this right-of-way without the appraisal fee. Also that the City I Attorney be instructed to prepare a resolution of intention to vacate that area and the public hearing be set for November 8th. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No,none. Commission Resolution No. 2007 - Opposing move to reallocate liquor and beer tax monies to the counties A resolution of the Commission of the City of Bozeman, Montana, opposing a move to re- allocate liquor and beer tax monies to the counties which would eliminate needed funds for law enforcement for cities and towns was presented. The City Manager advised the Commission that the Legislative Interim Committee drafted and endorsed legislation which would deprive the City of approximately $119,000 in such beer and liquor fees. This amount would be paid to the counties instead of the cities. The City Manager recommended that the Commission pass and adopt Commission Resolution No. 2007 opposing a move to reallocate the tax monies to the counties. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commis- sion Resolution No. 2007 opposing a move to reallocate the tax monies to the counties be passed and adopted and the motion was carried by the following Aye ~nd No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Reschedule date for public hearing - proposed Facility Plan I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion reschedule the date set for a public hearing to receive public comment on the proposed Facility Plan, and Engineering report on the Sanitary Sewer System for the City of Bozeman, for November 8, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Authorize Simpson & Lewis to attend Montana Fire Chief's Convention - Butte - October ll-13,l978 A Montana Fire Cheif's Convention has been scheduled to be held in Butte, October 11-13, i' '~ r uV\...' 1978. The Fire Chief requested that he and Fire Marshall Lewis be authorized to attend the convention. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Fire Chief and the Fire Marshall be authorized to attend the convention and, it being in the public interest their expenses be paid out of the appropriate fund. The motion was carried by the I following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Proclamation - Fire Prevention Week - October 8-14, 1978 Mayor Sedivy proclaimed the Week of October 8-14, 1978, as Fire Prevention Week. He urged every citizen of the community to take part in relieving hazardous conditions and making our city a safer community in which to live and work. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission endorse the Mayor's proclamation, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Request - Conduct Muscular Dystrophy fund drive - October 21, within City limits A letter received from MSU students requesting permission to hold their annual Muscular Dystrophy fund drive. This would be for a pantomine performance to be held within the City limits on Saturday, October 2l, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion authorize the fund drive to be held on Saturday, October 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Kennel License Application - Louis W. Burton, 1803 North Rouse I A kennel license application from Louis W. Burton, 1803 North Rouse Avenue, requesting a kennel license in accordance with Ordinance No. 857, Section 5.l6.040 of the Bozeman Munic- ipal Code, together with the required fee, was presented. Mr. Burton is apparently supporting--certainly not discouraging-- a pack of wild dogs which frequent his premises. The City Manager recommended that the license not be issued until the conditions have been corrected. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that action be continued until the conditions have been corrected. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Library for September Police Department for September Director of Public Service for July The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner I Swanson and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission, 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, Com- missioner Vollmer, Commissioner Swanson, and Mayor oting No, none. ATTEST: ~ EDMU rff4~ JI ERNA V. HARDING, CLERK