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HomeMy WebLinkAbout1979-10-24 . " " v~fj October 24, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 24, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Planalp and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, October 17, 1979, were approved. Continue hearing - Commission Resolution No. 2097 - annexation of Allison property The hearing on the proposed Allison Annexation was deferred for decision because of the informal meeting of the City and Middle Creek Water Rights Users to be held on Thursday, October 18, 1979. The City Manager considered the meeting educational, and one which allowed everyone the free expression of their opinions. The submission by the City of a Master Plan for pro- viding utilities and services in conjunction with the Allison Annexation has not yet been dealt with. All that need be submitted is a Master Plan which specifies the services and utilities which can be extended within a five year period. The main complication of any extension of services at this time naturally revolves around the water rights we are trying to acquire. The City Manager stated that all that is necessary regarding the Allison Annexation is to close the hearing, and the twenty-day interval will begin. There being no further discussion, the Mayor declared the hearing closed. The governing body shall receive written protests for a period of twenty days and a decision will be made November 14, 1979. Decision - Jahnke Annexation (Valley Unit Development) I The Jahnke Annexation (Valley Unit Development) hearing was held on September 19, 1979, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexation. The decision was deferred because of the informal meeting of the City and Middle Creek Water Rights Users held on Thursday, October 18, 1979. One matter which has not yet been dealt with in conjunction with the Jahnke Annexation, is the submission, by the City, of a Master Plan for providing utilities and services. A Master Plan specifying the services and utilities which can be extended within a five year period must be submitted. If the City records the fact or facts relating to the extension of services and utilities prior to the annexation; and if the petitioners are made aware and on record of that Master Plan, then there can be no recourse by the petitioners at some future date, when they would expect but the City could not extend such utilities or services. The main complication of any extension of services at this time naturally revolves around the water rights we are trying to acquire. Attorney Sabol, representing owners of the Jahnke property, responded to a letter of protest from Janet Swenson. The letter of protest was received after the twenty-day interval. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the Jahnke Annexation with an effective date of April 1, 1980. The Commission directed the City Attorney to draw up an ordinance to be brought in on October 31, 1979 but that it not become effective until April 1, 1980. 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, I none. The City Attorney advised the Commission, that between the creation of the ordinance and the effective date of April 1, 1980, the developer can present the preliminary plats to the planning staff for approval and have the SID's ready for approval. He further said, should the new water rights and rates not be acquired, the staff will have time to work with the developer in putting a central system in the development. Attorney Sabol told the Commission they were buying time at the expense of the petitioner. Kagy Boulevard - status North Nineteenth Avenue from Main to Durston The City Manager said the development of North Nineteenth has been separated from the Kagy development and recommended approval of the construction planned between West Main Street and The City Manager received a phone call from Harold Stewart, Federal Highway Administration Officer for Montana just before noon. Mr. Gesko told the Commission Mr. Stewart told him an environmental impact review would have to be done by the State Highway Department before any construction could be done on Kagy Boulevard. He said it would take approximately eight- een to twenty-four months to complete the study and the cost would be approximately $100,000. This would come from federal funds allocated to road construction in Montana. The City Manager said he would like the information given him by telephone this morning in writing and suggested the Commission delay action on Kagy Boulevard for a period of one week. I 350 Durston Road on Nineteenth Avenue. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City proceed with the present plan on North Nineteenth from Main to Durston which calls for a four-lane wide road, with parking lanes on either side. 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. Kagy Boulevard - status It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission delay action on the Kagy project for a period of one week, or until written confirm- ation has been received from Harold Stewart, Federal Highway Administration Officer for Montana. 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. Dr. A.L. Vadheim of 840l Goldenstein Lane expressed his disappointment in the fact that only a few adverse dissenters could influence such an important project. Dave Penwell (West Side Investment Co.) - decision re City Sewer Easement Having deferred action on the request of West Side Investment Company it was again I brought before the Commission. The matter involves the agreement between the City of Bozeman and the West Side Invest- ment Company (Klabunde/Cook), and whether or not they will receive interest from anyone con- necting to the leg of the trunk sewer which they constructed. The City Manager advised the Commission that the interest clause as left in the Agreement between the City of Bozeman and Harry M. & Kathleen M. Daum was an oversight. When the City was negotiating with Mr. Daum for installation of the trunk sewer to serve the West Main Mall, the staff recalls that the initial draft of the agreement was rejected. It was rejected be- cause it included a provision for interest payments by people connecting to Mr. Daum's sewer. Mr. Klabunde was present and advised the Commission that the installation cost the company $51,000, $20.000 of that going to drilling under a roadway so people eventually moving to an area south of them would have something to hook on to. He argued that Harry Daum was given a sewer installation contract with the City that allowed them to charge parties a certain rate of installation cost plus interest and felt that if the City denied West Side Investment Com- pany the right they would be showing favoritism. The City Attorney indicated an error had been made in that the wrong document was signed in the Main Mall Case. The Commission had denied the request that the City become the vehicle to charge interest for a private party. The City Attorney further opposed paying of any interest. The City Manager said that even though this may appear to be a change in policy, it act- ually amounts to correction of an error, and it seems desirable to correct the error now. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that effective I of this day the City policy should be, that no one should collect interest from anyone con- necting to the leg of a trunk sewer line constructed by a private party. 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, Commission Resolution No. 2105 - setting 1979-1980 tax levy Commission Resolution No. 2105 as prepared by the Assistant City Manager was presented, entitled: ., r ",' v~J. COMMISSION RESOLUTION NO. 2105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1979 - 1980. I Commission Resolution No. 2105 setting the all purpose annual mill levy at 65 mills for the All-Purpose General Fund for all salaries, operations and Capital expenditures for general government purposes as provided by Section 7-6-4451, M.C.A., 1978. A 2.54 mill levy for the State-mandated Police Retirement System in order to maintain payments to the State-administered Police Retirement system in accordance with Section 19-9-704, M.C.A., 1978. 4.07 mills to be levied for the purpose of maintaining the State mandated City contri- bution for the police Retirement Unfunded Liability which provides for all actuarial costs established by the State Retirement System, as required by that body. 1.63 mills to provide for the total City payment of premiums for Firefighters and Police Officers Health/Medical Insurance, as required by the State of Montana. A 1.50 mill levy established to provide funds for the Firefighters Disability and Pension Fund as required by the State of Montana. 2.22 mills to provide for City contribution to the State retirement system for employees other than Firefighters and Police Officers, said money to be paid to the Public Employees' Retirement System. 2.16 mills to provide funds for Liability Insurance Protection and coverage for the City of Bozeman, Montana. A mill levy amounting to 2.00 mills to provide funds for the operation of the City-County Planning Activity. 1.42 mills to provide for the principal and interest payments on outstanding City Hall General Obligation Bonds. 2.74 mills to provide for the existing principal and interest payments on outstanding Recreational Facilities General Obligation Bonds. 1.83 mills to provide for the existing principal and interest payments on outstanding Senior Center General Obligation Bonds. 6.98 mills to provide for principal and interest payments on outstanding Library Gen- eral Obligation Bonds. 8.43 mills to provide the necessary funds for the City to maintain its present employees and continue services at existing levels, pursuant to an election held on September 11, 1979, at which time said 8.43 mill issue was duly passed and approved by the electorate of the City of Bozeman, in accordance with Section 7-6-4431, M.C.A., 1978, as amended by Senate Bill No. 235, passed during the 1979 State Legislative Session. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2105 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. I Ordinance No. l038 - Appropriation Ordinance (Budget for FY 1980) for final adoption Ordinance No. 1038 appropriating monies for expenditures deemed necessary and in accord- ance with budgetary requirements for maintenance, etc., was presented, entitled: ORDINANCE NO. 1038 I AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL EXPENDITURES FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1980. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. l038 be finally passed and adopted. 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. Right of Way Easement - Montana Power Company and City of Bozeman 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 352 The Montana Power Company has requested a Right-of-Way Easement which would allow for the installation of cathodic protection underground. This would be installed across South Willson at Mason, along the right-of-way from that intersection to the southwest corner of Langhor Park, and thence northerly for approximately 300 feet. The Park Depart- ment, the Recreation Department, and the City Engineer all have approved this installation. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the Right-of-Way Easement between the City of Bozeman and the Montana Power Company. 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 Acknowledgement & Filing of Fire Department Report and Director of Public Service Report The City Manager commented on the report of the Fire Department and the Director of Public Service and recommended they be accepted and ordered filed. It was moved by Commissioner MacNab, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer and Mayor Sedivy, those voting No, none. Cross Country people - use of Old Elks Club for Development It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve Phase: one of a Municipal Cross Country Track. A. Phase I The "Old Elks Club" would become the location of cross country trails designed to suit the needs of the individuals and groups listed in II. This would consist of a single cross country trail incorporating measured distances of 3,000 and 5,000 meters. A map detailing the plan is included in this proposal. The details of the plan are as follows: 1. The trail would basically follow the periphery of the acreage composing the "Old Elks Club". The trail would wind across the ridge line located in the approximate center of the land. I 2. The trail would be approximately 3.5 meters wide and would be 2,440 meters in linear distance. The 3,000 and 5,000 meter courses are made possible by retracing portions of the trail. 3. The trail would be packed with a surface suitable for running and jogging un- der moist conditions. This could contain a mixture of wood chips and sawdust. 4. The trail would be marked with attractive signs at the 400 meter, 800 meter, 1500 meter, 3,000 meter and 5,000 meter distances with interval (400, 800, etc) markers between 1500, 3,000 and 5,000 meter distances. 5. The parking facilities available at the Softball Complex are adequate for the anticipated needs of participants and spectators during Cross Country Meets. 6. The restroom facilities at the Softball Complex should be made available for use during the Cross Country season (Autumn) and the Nordic Skiing season (Winter) for use by participants in meets and users of the trail. 7. Shrubbery and/or trees should be planted in appropriate locations on the acreage to improve the aesthetic features of the land, to improve the moisture holding capacity of the terrain and to prevent some of the removal of snow caused by winds in the Winter. The first phase would create a 2.8 kilometer course on the Old Elks Club grounds. The Sr. Center - Building Use Policies & Meals on Wheels request Proposed building use policies as drafted by the Senior Center Advisory Committee was presented. A request dealing with the Meals on Wheels operation proposed to be conducted in the Senior Center was all50 presented. The Commission acknowledged receipt of the Building Use Policies and the Meals on Wheels request and action will be taken at a later date. , r ....I0( Adjournment I There being no further business to come before the City Commission, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting he adjourned. 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. EDMUND P. -4_- ~. .=:-.'..'. . ......., ....... ~ ." ATTEST: I Y COMMISSION I