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HomeMy WebLinkAbout1979-10-10 October 10, 1979 Bozeman, Montana 59715 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 10, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commi.ssioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Planalp and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, October 3, 1979 were approved as submitted. I Public Hearing - Commission Resolution No. 2097 - Annexation Allison Property I During the regular meeting of the City Commission held on September 5, 1979, the Commission regularly passed and adopted Commission Resolution No. 2097 declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land located in Section 24, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. This being the date for public hearing as set forth in said Commission Resolution No. 2097, affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law was presented. The property being annexed belongs to Gene Graf, Jr. and lies immediately south of Summit Engineering. The Planning Director stated the Planning Board reviewed the zoning and found it to be suited to what was being proposed. There was no one present to speak in opposition to the annexation. The City Manager stated the City staff has a basic concern regarding this proposed annex- ation: the ability of the City to provide municipal water to the subdivision. This concern stems from (1) the City's current attempts to legally transfer water rights in Middle Creek; (2) the water system improvements to be accomplished once a new water rate structure is ap- proved by the Montana Public Service Commission; and (3) reconsideration of the city's over- all water supply. The City Manager suggested that the City should perhaps not annex the property until all of the concerns have been resolved. Jim Cummings of Thomas, Dean & Hoskins, Inc., made some supportive comments. He felt everyone should be fully aware that Thomas, Dean & Hoskins, Inc., outlined some im- provements that the City should take into consideration. He said the possibility of add- itional water rights would have to be explored. There being no further discussion, the Mayor declared the hearing closed and the govern- ing body will receive written protests for a period of twenty days. A decision will be forth- coming on November 7, 1979. Commission Resolution No. 2103 - housing - Citizens participation plan Commission Resolution No. 2103 adopting a Citizen Participation Plan for the small cities, a single-purpose program, from the Department of Housing and Urban Development for housing rehabilitation through a grant of $375,000.00 was presented: COMMISSION RESOLUTION NO. 2103 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA, ADOPTING A CITIZEN PARTICIPATION PLAN FOR THE SMALL CITIES, SINGLE-PURPOSE PROGRAM, FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOUSING REHABILITATION THROUGH A GRANT OF $375,000; IN ACCORDANCE WITH THE RULES AND REGULATIONS SET FORTH IN THE FEDERAL REGISTER, WEDNESDAY, MARCH l, 1978, PART III, SECTION 574.31, REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT ELIGIBLE ACTIVITIES AND PART OF THE SIGNED GRANT AGREEMENT ASSURANCES. I The preparation of this Citizen Participation Plan is for the purpose of meeting the stated criteria for such a plan in the Federal Regulations, March 1, 1978, Part III, Section 547.31, Sub-Part (c). It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2103 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Joe McKethan - request use of Lindley Park and some of the roads in cemetery on October 20, 1979 from 9:30 A.M. - 12:30 P.M. Joe McKethan, the High School Cross Country Track Coach, requested use of Lindley Park I I ,', j ~ . 00~ 340 and the Cemetery for a dual cross-country meet to be held on October 20, 1979. The City Manager said that if the request is for the one-time use of Lindley Park he would recommend granting permission for the dual cross-country meet to be held on October 20, 1979. He said that if there is a funeral the meet will have to be cancelled. Mary Murphy, representing the group, elaborated on the use of Lindley Park and the cem- etery area by the cross-country participants. After discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission allow the members of the dual cross-country meet to use both Lindley Park and the cemetery on a one time basis on Saturday, October 20, 1979. Those voting Aye being Commissioner Vollmer, and Commissioner Swanson; those voting No being Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy. The motion was defeated. Step 2 - Grant Application - expansion of Bozeman Sewage Treatment facilities & related sewer system improvement (EPA) The City Manager presented EPA Step 2 Grant Application for the engineering design and specifications for the completion of the Bozeman Sewage Treatment Plant and related sewer system improvements. The City Manager stated the signing of this application would formally approve the grant application for the next step which is a design plan. The City Engineer said the City is looking to the completion of the Sewage Treatment Plant. The City has received word from Washington to proceed and is working with EPA on the resolution of the compliance schedule. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve the Grant Application covering the expansion of the Bozeman Sewage Treatment facilities and related sewer system improvements, and direct the Mayor and Clerk to sign the documents on behalf of the City. 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. Thomas, Dean & Hoskins, Inc., - Amendment No.7 - Engineering Contract development of engin- eering plan - Sewage Treatment Plan Amendment No.7 to the Engineering Contract between the City of Bozeman and Thomas, Dean & Hoskins, Inc., was presented. Amendment No. 7 would involve addition tothe engineering contract for the development of plans and specifications for the Sewage Treatment Plant. The total cost of Step 2 for the engineering will be $342,000, of which the City will pay $85,500 or twenty-five percent. The contract covers Expansion of Secondary Treatment Capacity, Infiltration/Percolation System, and Sewer System improvements, as well as a Sewer Use Ordinance, user charge system, and industrail cost recovery system for the city. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion approve Amendment No. 7 to the engineering contract between the City of Bozeman and Thomas, Dean and Hoskins, Inc., and direct the Mayor and Clerk of the Commission to sign the contract on behalf of the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Morrison & Maierle, Inc., - contract for engineering services A Contract for Engineering Services by and between the City of Bozeman and Morrison-Maierle, Inc., Helena, Montana, was presented. The Contract shall be binding upon the City and upon the Engineer for a period of service of two years; however, the Contract shall remain in full force and effect unless cancelled by either party upon sixty days written notice prior to be termination date. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City enter into the Contract Agreement with Morrison-Maierle, Inc., and direct the Mayor and Clerk of the City Commission to sign the documents on behalf of the City. 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. Request for variance & waiving of fee - Little League Baseball Field I I I . j r ''1.1 V ~t J. I A letter received from Gary L. Christie, President of Bozeman Little League, requesting the City to waive the permit fees for the Little League building being built on the new fields located on Mason Street, was presented. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission waive the $58.00 permit fee for the Little League building being built on Mason Street. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. The Little League also asked for a variance on the parking lot. The parking lot should be set back twenty-five feet from the property line. The proposed parking plan will accomodate 60 vehicles, and the ordinance calls for many more than that for a facility of this type. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission instruct the applicant to proceed with the variance request to the Board of Adjuctment, which is the appropriate city entity. 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. Sign Variance - Pump-n-Pak 2020 North Seventh Avenue - Galen L. Bykonen Bozeman Softball Association - plans and specifications - construct overhead lighting system at Bozeman Softball Complex I A letter received from Don Orrell, President of the Gallatin Valley Softball Association, was presented. The Gallatin Valley Softball Association requested approval to continue with plans to construct overhead lighting systems at the Bozeman Softball Complex. The Bozeman Softball Association has contracted Matzinger Electric to install the system. Two of the fields will receive lights this fall and the lights will be installed on the third field in 1980-1981 depending on funds from player fees. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the plans to construct the overhead lighting system at the Bozeman Softball Complex be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. A letter received from Galen L. Bykonen, owner of Pump-n-Pak, 2020 North Seventh, re- questing a variance to the sign code to mount two 4' X 4' signs on canopy poles and one 4' X 6" gasoline price sign for "Pump-nPak" was presented. The Planning Director advised the Commission that he had reviewed the site in August. The City Manager said most cities have too many signs. The Commission acknowledged receipt of the request and a decision will be forthcoming on October 17, 1979. Placement of Garage - Thrift Stations Kenneth Baldwin appeared before the Commission on behalf of the Thrift Stations, Inc., in regard to building a three bus mini-garage north of the Humane Shelter on city property. The garage will house the three Senior Center mini-busses. The City Manager stated he would be happy to work with Mr. Baldwin and report back to the Commission. Petition - Don Nell request for annexation - Woolen Shop and Executone Company, located at 3100 West Main Street I A letter received from Don F. Nell petitioning the City to annex the area where the Woolen Shp and Executone Company are located at 3100 West Main Street was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion acknowledge receipt of the petition and refer it to the staff or a recommendation and procedure. 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. Mandeville "Big Sky" Auction Service - request auction houses to be included in definition of enclosed warehousing under M-l Zoning Code A letter received from John Mandeville, Mandeville Auction Service, requesting that The City Manager commented on the report of the Building Inspector and recommened it be acknowledged and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the report of the Building Inspector be acknowledged and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting I ~,I, ? -~~.~ auction houses be included in the definition of enclosed warehousing under the M-l zoning code, was presented. The City Attorney recommended that Mr. Mandeville go through the proper procedure and seek a code amendment to the zoning code in the M-l District that would allow auction services exclusive of livestock auction businesses as permitted uses in the M-l District. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the equipment service agreement for Machine Model Blu Ray 121 between Selby's and the City of Bozeman. 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 Equipment Service Agreement - Blu print equipment Handicapped parking sign - Geraldine Fenn - 417 West Hayes Mrs. Geraldine Fenn of 417 West Hayes inquired as to whether or not a sign designating a handicapped parking spot would be useful, which would perhaps discourage people from park- ing immediately in front of her house since she is handicapped. Following discussion, the Commission recommended that Mrs. Fenn's request be referred to the Board of Adjustment. Proclamation - Bozeman Symphony Society Week - October 14-20 Mayor Sedivy proclaimed the Week of October 14-20 as "Bozeman Symphony Society Week" in the City of Bozeman and urged everyone in the Bozeman area to support the Symphony and Symphonic Choir through its membership campaign. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. In compliance with the provisions of Section 7-6-201/212 Montana Code Annotated 1978, it was moved by Commissioner MacNab, seconded by Commissioner Vandeventer, that Mayor Sedivy and Commissioner Vollmer, be authorized and directed to examine the receipts of depository bonds and securities held by the Director of Finance as security for the City funds deposited in Bozeman banks. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Depository Bonds and Securities - September 30, 1979 Claims The claims for the month of September 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 re- commended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the claims be approved. 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. Report - Building Inspector No, none. Duncan MacNab, - National League of Cities - November 23-30 - Las Vegas It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commissioner MacNab be designated as a delegate to attend the National League of Cities convention to be , ,l . o LIt. \j held in Las Vegas from November 23-30, 1979 and, it being in the public interest his expenses be paid from the appropriate fund. The motion was carried by the following Aye and No vote, those voting Aye being CommissionerVollmer"C:ommissi0uer Swanson, Commissioner Vandeventer:,. , Commissioner MacNab and Mayor Sedivy, those voting No, none. Recessed 3:50 p.m. - Executive session - to discuss pending litigation I Members of the Commission, along with the City Manager, the City Attorney, former Attorney Berg, and the Clerk of the Commission recessed at 3:50 p.m. for the purpose of discussing a pending litigation. Reconvened: 4:25 p.m. Adjournment There being no further business to come before the City Commission, it was moved by Commissioner MacNab, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ~.......__./ c;S:-~:;~~/ - P. SEDIVY, /- /. .4~ .~ ATTEST: ."..' I I