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HomeMy WebLinkAbout1979-04-25 1Qh ~,_V: April 25, 1979 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 25, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Smith, City Attorney Planalp, and the Acting Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, April 18, 1979, were approved as submitted. Designation of Acting Clerk I It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Robin Williams be designated as Acting Clerk of the Commission for this meeting. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Com- missioner, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Bond Sale - 1978 Walks and Curbs - $133,735.00 The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale for the 1978 Walks and Curbs. The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold would be the same as the advertised amount. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City proceed with the bidding on bonds for the 1978 Walks and Curbs. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. The Acting Clerk of the Commission advised the Commission that there were no sealed bids received for this bond sale. The following bidders presented their good faith checks as prescribed by the Notice of the Sale. Dain, Kalman and Quail, Billings, Montana I First National Bank, Bozeman, Montana Oral bidding began, and the final best bid was First National Bank of Bozeman in the amount of 8.45%. The Director of Finance recommended that the City of Bozeman accept the bid of First National Bank in the amount of 8.45%, it being the lowest and best bid submitted. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the sale of bonds for the 1978 Walks and Curbs in the amount of $133,735.00 be awarded to First National Bank of Bozeman, Montana, in the amount of 8.45%, and that the good faith check from Dain, Kalman and Quail be returned. The motion was carried by the following by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, CommissionerMacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Going-Out-of-Business License - Gardner Shoes The City Manager stated that an application for a Going-out-of-Business License for Gardner Shoes had been received, along with a request to waive the two-week waiting period. Page Wellcome, Attorney representing the applicant, Gardner W. Lutes, stated that the sale was planned to start on Friday, April 27, as they were not aware of the two-week waiting period. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Going-out of-Business License be granted to Gardner Shoes and that the two-week waiting period be waived. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Continued Hearing - Story Hills East - Zone Map Change from PLI to RS-5 The Mayor declared the continued hearing on Story Hills East reopened. The City Manager stated that several persons had toured the area proposed for zone change and that he, the Planning Staff and Recreation Director felt that some area should be set aside ,n i '.'. :-,\ __ U \..) I for public use. They felt that lO acres within the 480-acre tract should be set aside and kept as a PLI designation, to be used for a park. The rezoning would then add between 70 and 80 acres to the private land in this development. Gary France and Ron Burgess, representing the developers, were present. When asked if they would consider setting aside 10 acres for a park voluntarily, under a PLI designation, Mr. France stated an emphatic No. When asked if they would consider a park dedication in the land lying adjacent to this tract to the west, Mr. France stated No again. Following extensive discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the public hearing be closed. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, those voting No, being Mayor Sedivy. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the usual one-week waiting period before the decision be waived. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, those voting No being Mayor Sedivy. It was then moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the land which is zoned PLI be rezoned to RS-5. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, those voting No being Mayor Sedivy. Discussion - Cash-in-1ieu - Off-Street Parking Ordinance I The City Manager brought the matter of cash-in-lieu payments for off-street parking spaces before the Commission. He stated that this would be for businesses changing character, expand- ing, etc., which may require more parking spaces, and which they may be unable to provide. Rod Marshall, from the Bozeman Parking Commission, requested the Commission to pass a resolution setting the fee at $1,200 per parking space. He stated that this figure had been decided upon after discussions with several persons and checking land acquisition costs. Howard Van Noy, from the Board of Adjustment, stated that the Board recommended that the cash-in-lieu payment be reasonable. They felt that $1,200 was too high. It was moved by Conunissioner MacNab, seconded by Commissioner Vollmer, that a resolution be drafted setting the cash-in-lieu payment at $1,200 per parking space, as recommended by the Parking Commission, and that the resolution be automatically reviewed by the Commission on or near May 1 of each year. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter and Mayor Sedivy, those voting No, none. Consideration of Policy requiring valve installation on owner's side of water meter.- all new or renewed building construction I The City Manager read a memo from the Water Superintendent which requested adoption of a new policy requiring installation of a valve on the owner's side of the water meter in all new or renewed building construction. This will place a valve on each side of the water meter, which can be used to isolate the meter when maintenance is required. It will also cut down on clean-up time. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission adopt the policy requiring valve installation on the owner's side of water meter on all new or renewed building construction, and that it be added to the Water Department's rules and regulations. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Agreement - Place mobile home on Chester Jensen property The City Manager read the agreement drafted by the City Attorney which would allow place- mentof a mobile home on the Chester Jensen property. This agreement is binding until (1) sale of the property or (2) the last death of either spouse. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the agreement be approved and that the Mayor and Clerk of the City Commission be directed to sign the agree- ment. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. 'j Q ('0 .v Consideration of Adoption - Standard Specifications for Public Works The City Manager brought the adoption of the Standard Specifications for Public Works before the Commission. He stated that he felt the Commission should adopt this set of stan- dard specifications. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission adopt the Standard Specifications for Public Works. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, I none. Acknowledge receipt of petition requesting paving of Broadway between Mendenhall and Avocado The City Manager stated that he had received a petition requesting paving on Broadway between Mendenhall and Avocado. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission acknowledge receipt of the petition for paving on Broadway between Mendenhall and Avocado, and that the request be referred to the staff for study and recommendation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Memorandum - to clarify use of "City Shops" site for new library, and disposition of present site The City Manager stated that he had not yet prepared the memorandum. He further stated that this was only a written statement of what had been agreed upon regarding land acquisition and disposition for the library. Don Bianchi - Montana Fish and Game - re Bridger Mountain deer winter range Don Bianchi, from the Montana Fish and Game Department, gave a presentation on the Bridger Mountain deer winter range. He stated that the area around the "M" is within the City's jurisdictional area and could, therefore, be of interest to the City Commission. He also stated that the deer are very specific animals and go back to the same place winter after winter -- in fact, almost the same acre of land. I Raffle License Application - Campfire Girls - April 27, 1979 The City Manager presented an application from the Campfire Girls, along with the appropriate fee, for the purpose of holding a raffle on April 27, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the application for a raffle license for the Campfire Girls. The motion was carried by the following Ayearrd No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Kennel License Application - Richard Orr - 205 West Arnold The City Manager presented an application from Richard Orr, 205 West Arnold, for a kennel license, along with the appropriate fee, in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the application be approved and that the Director of Finance be instructed to issue a kennel license in accordance therewith. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Claims I The General Claims were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman. Commissioner Vandeventer asked about the $13.02 finance charge to Bozeman Ford. The Director of Finance stated that this was an old bill for which the City had no invoice and which had not been billed until now. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the ,.'. J...0/ Claims be approved, with the exception of the $13.02 finance charge to Bozeman Ford, and that the Director of Finance be instructed to issue warrants in payment. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Reports - Police Court for March I The following reports were presented: Police Court for March The report will be listed on the agenda next week for acknowledgement and filing. Strengthening of itinerent license ordinance The City Attorney stated that he had a copy of a proposed boilerroom ordinance for the City of Missoula. This would require a city license for telephone solicitation. Commissioner MacNab requested that the Commission adopt a similar ordinance to strengthen the itinerant license ordinance for the City. The City Attorney is to review the City of Missoula ordinance and state his recommendations. Adjournment There being no further business to come before the City Commission, it was moved by Commis- sioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. I ~ ..- ~/ ATTEST: ) ) v r,j) !))y~~ (o;:~ CV ') ~-0 ROBIN WILLIAMS, ACTING CLERK OF COMMISSION I