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HomeMy WebLinkAbout1979-06-27 t .,'! " L't,..: June 27, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 27, 1979, at 1:15 p.m. Present were Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney P1ana1p and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, June 20, 1979, were approved as submitted. Absence of Mayor Sedivy - Commissioner MacNab acting as President Pro-Tempore It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Mayor Sedivy be authorized in compliance with Chapter 3, Section 7-3-4322 Montana Code Annotated, 1978, and that Commissioner MacNab be designated as President Pro-Tempore during his absence. 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. Preliminary Plat Approval - Tom Langel, Story Hills West, Inc. - Story Hills Subdivision #2 & #3 I The request from Tom Langel for preliminary subdivision approval on approximately 470 acres into 62 lots varying in size from one to twenty acres was presented. Story Hills Subdivision #2 is located in a portion of the SW\, SE\, Section 3, T2S, R6E. Story Hills Subdivision #3 is lo- cated in a portion of the NW\, SW\, Section 3 and NE\, SE\, Section 4, T2S, R6E, M.P.M. The City/County Planning Board approved the subdivision, subject to provision of a developed secondary access. The developer has designated a location for the secondary access. The City Engineer and the Planning Director consider the proposed secondary access unsuitable. The Planning Director indicated that the applicant's proposed secondary access road is not built to County standards and would not serve as an all-weather road. Mr. Bolton also explained that there are also some questionable proposed building sites on the property. He further stated there were no guarantees that the road would be maintained and opened year-round. Additionally, the proposed road is not dedicated to the public nor are the initial protions of the main road (Big Gulch Drive) furnishing primary access into the subdivision. Joe Sabol, representing the applicant, made a few comments on the proposed road. He said the plat was intensively reviewed by the Planning Board and intensively discussed by the Planning Baord and they approved the Plat for Story Hills Subdivision #2 and #3 subject to the conditions that an additional road be constructed off the northwest corner of the property connecting with Big Gulch Road and that this road be designed and constructed to meet county subdivision road standards. He stated the statutes allow the City Manager to review the proposed plat insofar as roadways are concerned. The road within the proposed subdivision were originally built to meet county standards and all other roads will be similarly designed. Mr. Sabol commented on the need for the City Commission to review this plat. These types of rural subdivisions have always been approved by the County Commissioners. He further stated that in light of the opinion of the Development of Community Affairs transmitted to the City/County Planning Staff suggesting that the City Commission has exclusive subdivision authority in the three-mile area, that the City Attorney furnish an opinion on this matter which would likely be contrary to the Development of Community Affaris position. Mr. Gesko commented that representatives of the Development of Community Affairs, the City and County Attorney's, the City Manager, and the Planning Director have scheduled a meeting for Monday, July 2, 1979 to resolve conflicting opinions as to subdivision jurisdiction within the three mile area. I Mr. P1ana1p stated he was in receipt of the Development of Community Affairs opinion and would rather not comment on this issue until after Monday's meeting at which time he would then prepare a written opinion to the City Commission on this issue. Mr. Gesko advised the City Commission that it was well within his prerogative as Director of Public Service to review these proposed subdivisions as this option is provided for in the State of Subdivision and Planning Act. Particularly if it pertains to the development of road- ways. He pointed out, that in the past, several other rural subdivisions have been referred to the City Commission where some controversy or dispute was involved. The Planning Director urged the City Commissioners not to take action on the proposed subdivision until they personally visited the area in question with the City and/or County engin- eers to thoroughly understand the need and appropriate location for a secondary access road. Bozeman Chamber of Commerce - Waive building permit for construction of New Chamber Building I 244 Ron Burgess, surveyor for the project, indicated that the engineer for the developer has stated that a 6% road-grade could be maintained for the secondary access road and otherwise developed to meet current County Subdivision road standards. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for the preliminary plat approval be continued until Tuesday, July 2, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer and Acting Mayor MacNab, those voting No, none. A letter received from the Bozeman Chamber of Commerce requesting that the City waive the building permit fee, was presented. The building permit fee for the proposed building located at 1205 East Main Street would approach $l50.00. Fo1lowng discussion, the City Manager recommended that the building permit fee not be waived. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission deny the request to waive the building permit fees for the new Bozeman Chamber of Commerce office building located at 1205 East Main Street. 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. RSVP & Thrift Stations - approval for moving to Senior Center as recommended by the Advisory Council A request from the Retired Senior Volunteer Program and Thrift Stations for approval to move to the Senior Center as recommended by the Advisory Council was presented. Mr. Kenneth Baldwin was present to answer any questions. He advised the Commission that the Thrift Stations had donated $30,000 toward the construction of the senior center building. He further stated that the RSVP and Thrift Stations are a non-profit organization. Mr. White was also present and stated that he had recommended that Thrift Stations, Inc., Senior Transportation Service and Retired Senior Volunteer Program, be allowed to move in to the Senior Volunteer Program, be allowed to moved in to the Senior Center on a temporary basis until use polices have been established. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Re- tired Senior Volunteer Program and Thrift Stations be allowed to use senior center building space on a temporary basis until a new policy has been formulated and agreed upon. 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 Consideration of Bids - 1980 Hydrostatic Driven Rotary Lawn Mower Sewage Treatment Plant The Waste Water Treatment Plant Superintendent and the City Staff having completed their tabulation and evaluation of the bids submitted for the purchase of the 1980 Hydrostatic Driven Rotary Lawn Mower, recommended that the City accept the Bid of Midland Implement, Inc., Billings, Montana, in the amount of $5,497.05 F.O.B. Bozeman, it being the lowest and best bid submitted and meeting or exceeding the specifications as advertised in the "Call for Bids." It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission concur in the recommendation of the Waste Water Treatment Plant Superintendent and the City Staff, and award the bid to Midland Implement, Inc., in the amount of $5,497.05. 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. A.E. McChesney - request annexation of 1,623 acre plot located on Griffin Drive and known as Whalen Tire Property A letter received from A.E. McChesney petitioning the City of Bozeman to annex approx- imately a 1.623 acre plot of ground in Tract 26 of the Gordon Mandevi11 State School Section Subdivision, was presented. Following discussion, the Commission concurred in the recommendation of the City manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that bhe Commis- sion acknowledge receipt of the petition and it be referred to the City Staff for study and a I '/ :-. LI"-t-\.> decision. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor MacNab, those voting No, none. Certificate of completion - SID 592 ~ Water Mains, SID 593 - Sanitary Sewer SID 594 - Storm Drains, all in Block 5, Figgins Addition I The Certificate of the engineers of Thomas, Dean & Hoskins, Inc., on Special Improvement District No.s 592, 593 and 594 stating the construction of the Water Mains, Sanitary Sewer and Storm Drain improvements by Tom Roe & Son Construction, Inc., have been completed in accordance with the plans and specificatins, was presented. The City Manager concurred in the recommendation of the engineers and recommended that the project be accepted by the City Commission and final payment be made. This final acceptance does not relieve the contractor of the responsibility of negligence or faulty materials or workmanship within the standard period provided for by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one year period to commence upon final acceptance. The con- tractor, according to the terms of the contract, is due final payment within thirty days after acceptance. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that as rec- ommended, the project be accepted as completed. 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. Bozeman Municipal Band Director 1979 Season - Gordon Wickham I A letter received from Ralph C. Challender, Secretary-Treasurer of the Bozeman Municipal Band, stating the City Municipal Band Board of Directors selected Gordon Wickham as the Dir- ector of the Band for the 1979 season was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion concur in the selection of Gordon Wickham as Band Director. 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. Shakespeare in the Parks -June 30 - Cooper Park, August 3-4 - Lindley Park A letter received from Bruce Jacobsen, Head Department of Theatre Arts, advising the Commis- sion that once again Shakespeare in the Parks is preparing for its local performances, was pre- sented. They have scheduled three performances in Bozeman's city parks as follows: June 30 Aug. 3-4 Cooper Park Lindley Park (Sweet Pea '79) It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion again support the program. The motion was carried by the following Ayemd No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor MacNab, those voting No, none. Guy Warwood - re use of Bogart Pavilion for family reunion - 6-7, July I Guy Warwood appeared before the Commission regarding the use of Bogart Pavilion for a family reunion. Fifteen or twenty recreation vehicles will be parked under the pavilion, during the reunion which will be held on July 6 and 7. Mr. Warwood advised the Commission that he had spoken to Mr. Wortman and he thought the pavilion would be the better place to hold the reunion. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Mr. Warwood be granted permission to hold the family reunion at Bogart's Pavilion with the condition that no recreation vehicle be parked under the pavilion. All of the vehicles must be parked outside of the pavilion. 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. Ringing of Bells - July 4th - Independence Day Acting Mayor MacNab, in response to a request from the President of the United States and .246 Governor Judge, proclaimed July 4, 1979 - Independence Day as "Ring Out for Freedom Day" in the City of Bozeman, and urged everyone to ring bells of all sizes and descriptions at 12:00 Noon on that day. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion endorse the Acting Mayor's proclamation. 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. Application for Beer License - Exchange Club of Bozeman - July 4th, 1979 The City Manager presented an application from the Exchange Club of Bozeman along with the required fee and requested permission to obtain a beer license for July 4, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Exchange Club of Bozeman, having met all requirements, be granted a license to sell beer at the Fire Works on July 4, 1979. 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. Authorize Signature - Contract Documents SID 594 - Street Improvements Block 5 - Figgins Addition The Contract Documents for the construction of SID No. 594 paving and storm drain improvements in Block 5, Figgins Addition as prepared by Thomas, Dean & Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $53,719.50 as submitted by Long Construction Company, Billings, be approved. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, 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 Long Construction Company be authorized and directed to proceed with the construction of SID No. 594. 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. Application for Wine License - City Businesses - ~ year The City Manager presented the following applications and appropriate fees for Wine Licenses for one-half year ending December 31, 1979: ALBERTSONS BUTTREYS HEEBS FOOD CENTER HINKY DINKY SUPERETTE JOE'S PARKWAY KWIK-WAY, INC. #31 1132 1133 912 North 7th l60l West Main 544 East Main 5 Tai Lane 903 West College 123 Kagy Peach & Rouse 203 North 7th 1525 West Main 2020 North 7th 901 West Main 901 North 7th 119 North 7th 2230 West Main 220 North 20th 511 North 7th OSCO DRUG PUMP-N-Pak SAFEWAY STORES SKAGGS SUPERAMERICA TEEPEE GAS TOWN AND COUNTRY WAREHOUSE VANS IGA Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the above applications and the motionWls 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. Renewal of application - Gambling Licenses July 1, 1979 The City Manager presented the following applications along with the appropriate fee of $500.00 from each for a gambling license for the purpose of operating two tables: CATS PAW CRYSTAL BAR EAGLES ELKS OAKS CIGAR STORE 4 card tables 2 card tables Annual Bingo 2 card tables 2 card tables 1 Keno Game 1 card table 1 electronic machine 2 card tables 1 electronic machine $1,000.00 500.00 250.00 500.00 750.00 ROCKING R BAR 500.00 SCOOP BAR 750.00 I I I 'I t . L "t. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer that the Commission concur in the recommendation of the City Manager, and approve the applications for the issuance of gambling licenses. 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. I Change of meeting date from July 4th to July 3rd, 1979 It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that since Independence Day falls on Wednesday, July 4, the Commission Meeting be changed to Tuesday, July 3. 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. Claims The Payroll claims and the General claims for the month of June 1979 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor MacNab, those voting No, none. Adjournment I There being no further business to come before the City Commission, it was moved by Com- missioner 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 Van- deventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor MacNab, those voting No none. DUNCAN S. ATTEST: ,I ~./I L ) // t.. _ . ~'-C?Zcf'/ {/. ~ C;2-!-:. --crtj?' CLERK OF THE COMMISSION, \ ERMA V. HARDING