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HomeMy WebLinkAbout1980-02-13 446 Bozeman, Montana February 13, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 13, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Mathre opened the meeying with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, February 6, 1980 were approved as submitted. Decision - Zone Map Change - AS to RS-1, Michael Nash - 16 Acres bounded by I-90 on the North Sunset Height Subdivision on the West, and Clover Meadows Subdivision on the South Mr. Nash's request for a Zone Map Change from AS to RS-1, having been delayed for a period of one week, was brought back for a decision. The City Manager advised the Commission that Mr. Nash's intentions are to sell the prop- erty as is, rather than plat it and sell it thereafter. The City will pursue and require the further platting of these one-acre parcels, so as to accommodate the greatest number of lots available on an equivalent of R-2, municipal density lot sizing. Upon recommendation of the City t1anager, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request for a Zone Map Change from AS to RS-1. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2158 - SID No. 620 - Paving Blackmore Place This was the time and place set in Commission Resolution No. 2158, to hear the protests to the creation of Special Improvement District No. 620, paving and storm drain construction on Blackmore Place. Affidavit of pUblication of Notice and the Clerk's mailing certificate stating all prop- erty owners had been notified as required by law were presented. I There were no written protests on file, and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, February 20, 1980. Mandeville request for Zone Map Change The City Manager met with Mr. Mandeville twice to attempt an understanding regarding the Waiver of Protest, with the hope that a document could be drafted which would protect the petitioner during a satiSfactory interval, and yet not thwart efforts of the City to annex the proposed industrial area at the appropriate time. This involves the matter of rezoning ten acres owned by the Mandeville family and north of the City. Mr. Mandeville further stated he believed that acceptance provisionally had been determined but required being put into legal form before final acceptance by the Mandevilles. The City Attorney had been requested to draw up the conditions in such legal form for review by Mr. Mandeville prior to next weeks meeting. The Commission directed the City Attorney to draw up the conditions, and a recommendation to be made on Wednesday, February 20, 1980. Negotiating - Bond sale of SID No. 599 & 605 The City Manager negotiated with two bond houses, concerning the possible interest in SID bonds for SID Nos. 599 and 605 but has been unsuccessful in securing additional bids. The City Manager felt if negotiations were deferred for a longer period of time, it seemed unfair to hold the good-faith check and recommended that the Commission reject the I bids given on SID No. 599 and 605 and return the good-faith check to D. A. Davidson & Co. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission reject the bids on SID No. 599 and 605, and authorize the City Manager to search for better interest rates. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. , ,';, .~~ ,I Consideration of construction bids - SID No. 599, 605, 611, 613 and Dickerson Street The consulting engineers, Thomas, Dean & Hoskins, reviewed the construction bids for SID No. 599, 605, 611, and 613. The low bid of Dugdale Construction Company was correct except for one item which the contractor interpreted as a square footage item and it was a square yardage item. This resulted in an increase of their bid of $1,548.00. I The Dugdale Construction bid exceeds the monies allowable in SID 605 and is very tight in SID 613. The consulting engineers ~ave discussed with the contractor about poten- tial negotiations to bring these projects within the money limitations. The second bidder, Long Construction Company, submitted an irregular bid. They used a tied bid and unit bid the four projects individually in an attempt to get all projects within financial limits. The Long proposal does allow the award of all four projects with- in the money limitations, but exceeds the Dugdale proposal by ahout $24,000.00. Dugdale Construction Company would not accept the award if all four projects cannot be awarded. The consulting engineer recommended no further contractor negotiations until a success- ful bond sale has occurred in SID 599 and 605. If a bond sale occurs within thirty days of bid opening, the consulting engineers will attempt negotiations with Dugdale Construction. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that no further action be taken until a successful bond sale occurs. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. West Dickerson Paving - Long Construction - $28,504.00 The consulting engineers, Thomas, Dean & Hoskins, reviewed the construction bids for West Dickerson and found them correct in extension and addition. The consulting engineer recommended that the award be made to Long Construction Company in the amount of their bid, $28,504.00 subject to concurrence by the Gallatin County Commissioners. I The City Engineer had contacted the Gallatin County Commissioners and was advised they would accept the bid of Long Construction Company in the amount of $28,504.00. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commis- sion accept the bid of Long Construction Company based on their low bid in the amount of $28,504.00, it meeting or exceeding plans and specifications. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Joseph W. Sabol - determine whether or not the Commission will allow as a conditional use or permitted use, the location of a substation for Montana Power Company on the real property ~f RQJ?_~.L.F<2..sj;~r~~.ed 2djace!1l_",~,!)_d.,,:,~a~LEf.,old Highway 10 . " " ,. A letter received from Joseph W. Sabol, seeking a determination as whether or not the Commission will allow, as a conditional or permitted use, the location of a substation for Montana Power Company on the real property of Mr. Robert Foster located adjacent and east of old Highway 10, was presented. Mr. Sabol, representing Mr. Foster, was present to further discuss the request. The Planning Director said that under the current zone code a substation cannot be built as either a permitted or conditional use in an area zoned agricultural suburban, which the forty acres is. Mr. Sabol said he would like to find out whether or not this Commission would deam it, reasonable to construct substations in that area. He further stated Mr. Foster is willing to negotiate to place the substation on his property. I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the appli- cants request the Zoning Commission to approve substations as a conditional use in the AS district. Those voting Aye being Commissioner Mathre and Commissioner Stiff; those voting No being commissioner Vollmer. Commissioner Swanson, and Mayor MacNab. The motion was lost. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commis- sion direct the City Attorney to draft an Ordinance to include electric substations as a con- ditional use in the AS zone. Those voting Aye being Commissioner Swanson, Commissioner Vollmer, and Mayor MacNab; those voting No being Commissioner Stiff and Commissioner Mathre. The motion was carried. (:48 Life of Montana - ground mounted sign A request from the Life of Montana for a variance to the sign code to install a ground- mounted sign in front of their new building was presented. Mr. Sabol, representing the Life of Montana, appeared to advise the Commission that everything else was in order but that the RO district does not allow signs to go on the ground. I The Building Inspector addressed the Commission in regard to the length and height of the proposed sign. The City Attorney said the Commission has the authority to act on this request. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the sign code variance to install a ground-mounted 60' in length and 7' high sign in front of the New Life of Montana Building located on Haggerty Lane. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Information meeting - proposed water rates The informational meeting regarding the proposed water rates was held. A letter received from Anita Saunders, registering her opposition to such horrendous water increase proposal, was read. Bob Otters berg was present to ask questions in regard to logging in the area around the watershed. The City Engineer advised Mr. Otters berg that there has been no logging in this area for a number of years. However, there should be some kind of controlled logging in case of fire. Mr. Gesko advised the Commission that each year the staff members and members of the Forest Service discuss logging on a long term program. They have also discussed the roads in the Mystic and Hyalite area. Commission Resolution No. 2163 - SID No. 606 - Intent to create - paving on West Villard I between Willson and Grand Avenue Commission Resolution No. 2163, declaring the intention to create SID No. 616, paving and storm drain construction on West Villard Street between Willson Avenue and Grand Avenue, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 606 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER AND SIDEWALKS, AND NECESSARY APPURTENANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON WEST VILLARD STREET BETWEEN WILLSON AVENUE AND GRAND AVENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2163 be passed and adopted, and March 12, 1980 be the date set for a public hearing. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Work Plan - Planning Staff The proposed work plan outlining the projects in which the Planning Staff could be engaged during the coming year was again presented. The Planning Director briefly discussed some of the major items and their priorities. Commissioner Mathre asked the Planning Director which of the items is of most importance. I Commissioner Swanson would like to set some goals rather than a work plan. The Planning Board meeting will be held on Thursday, February 21,1980, and at that time priorities will be discussed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission express their vote of confidence to the Planning Director and his staff for a job well done, and directed them to continue working on the suggested 1980 Work Plan as outlined. The motion --"--- , , 'I ,. /. ~.... ...... I I\"..... was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. John Scully - re Railroad right-of-way John Scully appeared before the Commission to give a short report in conjunction with I Railroad right-of-way and the proposed plans for a linear recreation path. The City indicated that a meeting would be called very soon, to which all property owners abutting the railroad right-of-way would be invited. The purpose of the meeting would be to indicate to all those in attendance the exact nature of the proposed recreation path. It was suggested that two press releases would be issued prior to the meeting. Notice of the public hearing would also be advertised. Most of the discussion was on the right-of-way south of Main Street. The Mayor thanked Mr. Scully for his attendance at the meeting. Bozeman United Methodist Church - request a change of parking and future permission to install a sidewalk between the city sidewalk and the curb on the Olive Street side of the church A letter received from the Bozeman United Methodist Church, requesting a change of parking and future permission to install a sidewalk between the city sidewalk and the curb on Olive Street side of the church was presented. The Commission acknowledged receipt of the request and directed the Police Department and the Engineering staff to research the area in question and return with a recommendation. Proclamation - American Heart Month - February, 1980 The Mayor declared February 1980 as "American Heart Month" in the City of Bozeman, and urged all citizens to support the educational and fund raising campaign of the Gallatin County Heart Association. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the Mayor'S proclamation. The motion was carried by the fOllowing Aye and No vote: I those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, and Mayor MacNab; those voting No, none. Proclamation - Big Brothers and Sisters Appreciation Week of Bozeman The Mayor declared the week of February 17-23, 1980 as "Big Brothers and Sisters Apprecia- tion Week of Bozeman" and encouraged community support of this worthwhile organization. It was moved by Commissioner Mathre, seconded by CommissicnerVollmer, that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Application for Bingo License - National Catholic Foresters - March 15 An application received from National Catholic Foresters, along with the appropriate fee for a Bingo License, was presented. It was moved by Commissioner Vollmer, seconded by Commis- sioner Stiff, that the Commission approve the application for the Bingo License. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Cost of Price Summary Format for Subagreements under U.S. EPA grants - Step I - Grant increase - obtaining preliminary engineering data Cost of Price Summary Format for Subagreements under U.S. EPA grants - Step I - Grant Increase obtaining preliminary engineering data related to the infiltration-percolation ponds - I Grant number C300208-1, and Step I - Grant Increase, Sewer Use Ordinance, User Charge System & Industrial Cost Recovery System - Grant number C300208-1 were presented. The agreements deal with engineering for land acquisition in conjunction with detention ponds, and engineering for consumer use changes for the sewage rates which must be adopted in compliance with EPA regulations. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the agreements as presented, and direct the Mayor and Clerk of the Commission to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being I, t" 0 ...,/ '.) Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Discussion - possible change - Salary Ordinance It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the staff research the Salary Ordinance in conjunction with the salary of the Police Judge and it be brought back for action on Wednesday, February 20, 1980. The motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Appointment of Duncan MacNab - National League of Cities It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Mayor's expenses to the National League of Cities Congressional-City Conference to be held in Washington, D.C., on March 16-18,1980. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Claims for February The general claims for the month of February, 1980 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 the warrants in payment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the claims. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Accept and file - Building Inspector report The City Manager commented on the report of the Building Inspector and recommended accept- ance thereof. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report of the Building Inspector be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Report - Broad Valleys Federation of Libraries The report of theBpoad Valleys Federation of Libraries was presented for acknowledgement and filing on Wednesday, February 20, 1980. Appointment to Zoning Commission, Effective February 13, 1980 - John DeHaas Mayor MacNab announced his appointment of John DeHaas to the Zoning Commission effec- tive February 13, 1980 to December 31, 1981. Mr. DeHaas replaces Walter Russell who resigned as of this date. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff that the Commission concur in the Mayor's appointment to the Zoning Commission. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and y r MacNab. se voting No, none. I DUNCAN S. MACNAB, Mayor ATTEST: ~47~' d ~~ ERNA V. HARDING,' Clerk of the City Commission