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HomeMy WebLinkAbout1980-03-26 ~'',.' r' '; i :.) Bozeman, Montana March 26, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Munici- pal Building, March 26, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Voll- mer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City I Attorney Planalp, and the Clerk. Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 19, 1980 were approved as submitted. Decision - Commission Resolution No. 2165 - SID No. 605 - Paving & Storm Drain - Graf's First Additi on The decision on Commission Resolution No. 2165, SID No. 605, paving and storm drain const~uc- tion on Kenyon, Baxter, Chambers and O'Connell Drives, all in Graf's First Addition, having been delayed for a period of one week, was brought before the Commission for a decision. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the creation of the district. 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. Commission Resolution No. 2172 - Creating SID No. 605 - Paving & Storm Drain in Graf's First Additi on Commission Resolution No. 2172, creating SID No. 605, paving and storm drain construction in Graf's First Addition, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2172 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 605 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION I OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON KENYON, BAXTER, CHAMBERS AND O'CONNELL DRIVES, ALL IN GRAF'S FIRST ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Commission Resolution No. 2172, creating SID No. 605, be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson, and Mayor MacNab; those voting No, none. Call for Bond Sale - SID No. 605 - paving & storm drain - Graf's First Addition - Opening April 23, 1980 The plans and speCifications for SID No. 605, paving and storm drain construction on Kenyon, Baxter, Chambers and O'Connell Drives, all in Graf's First Addition, in the amount of $350,000, as prepared by Thomas, Dean & Hoskins, was presented. The Commission concurred in the recommendation of the City Manager, and it was moved by Commis- sioner Mathre, seconded by Commissioner Vollmer, that the plans and specifications be approved and the Clerk of the Commission be authorized and directed to advertise for the sale of bonds for SID No. 605, to be received on April 23, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, and Mayor MacNab; those voting No, none. Petition - Northeast Neighborhood Alliance - reopen hearing on Conditional Use Permit - Batch Asphalt Plant A petition from the Northeast Neighborhood Alliance petitioning the City Commission of Bozeman to reopen the hearing on the granting of a Conditional Use Permit to William Sebena to construct an I office and shop facility to run an asphalt batch plant, was presented. The petition contained signatures of approximately 150 concerned citizens. Approximately 35 concerned citizens appeared before the Commission in regard to reopening the hearing on granting the Conditional Use Permit. The Planning Director advised the Commission that he was not aware of any violations by Mr. Sebena. He felt that all conditions have been met. The Planning Director read the conditions attached to the Conditional Use Permit. I -., 8 ! { The City Attorney asked the Planning Director when the plans were submitted. The Planning Director said the plans were presented in February, 1980, and he was not aware of any violations which would cause the Commission to reopen the hearing for a Conditional Use Permit. Sam Rogers, spokesman for the Northeast Neighborhood Alliance, said he and Mr. Manley went up to the State Air Quality Bureau and discussed the problem with them. Mr. Rogers feels the Northeast Neighborhood Alliance has a legitimate reason for reopening the public hearing. He advised the Commission that he and several others had protested the conditional use I permit granted to Mr. Sebena in May of 1978. He said the Northeast Neighborhood Alliance's greatest concern is the matter of danger of fire in the asphalt plant leading to an explosion which could be followed by a conflagration because of the close proximity of the proposed asphalt plant to the Exxon and Conoco gas storage areas and a high pressure gas line. In the construction permit application instructions from the Department of Health and Environmental Sciences, Air Quality Bureau, there is a request for information as to the loca- tion of the site with respect to adjacent properties. A letter received from John W. McCrosson, Gallatin County Fire Marshall was read. At the present time the area in which the proposed plant would be built, has no fire protection at all, except for wildland fires, which Gallatin County provides. The City Fire Chief told the protestors they should establish a tax-supported fire dis- trict for the area as they are in an industrial area. Commissioner Stiff was a little confused as to why the residents changed their opinion at this time. The City Manager said it was only after rather thorough explanations of the exact location of the plant on the site; consideration of the location of the utility line running adjacent to the property; location of the tank farm across Griffin Drive; and provision for extensive mon- itoring by the State Health Department after installation of the plant, that the original Con- ditional Use Permit was granted. The City Manager said that if the City were to reopen the hearing, Mr. Sebena would have I substantial basis for claiming damages. On the other hand, if the neighborhood feels strongly enough against the plant, perhaps there is appropriate legal action which they could initiate, outside of the scope of the City Commission. Attorney Joe Sabol appeared before the Commission on behalf of Mr. Sebena. Mr. Sabol believes the Conditional Use Permit is valid and will not be violated later on. Mr. Sabol also feels that the attorney representing the Northeast Neighborhood Alliance will be able to advise them better as to the legal steps. The City Attorney did not see any violations, but told the Northeast Neighborhood Alliance that their attorney will advise them what action they can take if they want some additional relief. Commissioner Swanson advised the concerned citizens that the LegiSlature instructs the Commission as to what can be done and when it can be done. He further advised the concerned citizens that the Commission approved the conditional use permit as a legislative body in conformance with all legal requirements and after consideration of many aspects of the project. Several other concerned citizens expressed their objection to the Conditional Use Permit and their reasons for reopening the hearing. Attorney Sabol said he would get the necessary information to the State Environmental Agencies and back to the City as soon as possible. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission acknowledge the petition and that the Attorney for the Northeast Neighborhood Alliance consult with the City Attorney as to legal or procedural steps available to them. The motion was I carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Commission Resolution No. 2173 - fix date, maturity date & amount - SID 599 Commission Resolution No. 2173, fixing the date, maturity date and principal amount of the bonds for SID No. 599, paving and storm drain construction in Bomont Center was presented, entitled: r) ~,. " '; I I COMMISSION RESOLUTION NO. 2173 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 599. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2173 be passed and adopted. The motion was carried by the following AYe and I No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Commission Resolution No. 2174 - fix date, maturity date and amount - SID 611 Commission Resolution No. 2174, fixing the date, maturity date and principal amount of the bonds for SID No. 611, paving and storm drain construction in Woodridge Subdivision was presented, entitled: COMMISSION RESOLUTION NO. 2174 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 611. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2174 be passed and adopted. 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. Commission Resolution No. 2175 - fix date, maturity date and amount - SID 613 Commission Resolution No. 2175, fixing the date, maturity date and principal amount of the bonds for SID No. 613, paving and storm drain construction on Broadway Street from E. Mendenhall to Avacodo Street was presented, entitled: COMMISSION RESOLUTION NO. 2175 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 613. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2175 be passed and adopted. 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. Discussion/decision - re mill levy proposal(s) to support City operations - fiscal year 1980-1981 The City Manager made reference to a memo which he had sent to the City Commission dated March 26,1980 and dealing with an alternate mill levy proposal. It stated, that to maintain services atthepresent reduced levels, would require a mill levy of 7.75 mills added to this years levy. This would sustain the City office during the present fiscal year, but not allow for the call-back of any laid-off personnel. At the other extreme, if all laid-off personnel were recalled, a levy of slightly more than 21 mills additional would be required. The City Manager felt that most people would realize the vital necessity of the 7.75 mill levy. He doubted if a majority would approve 21 mills additional. For that reason he suggested a levy much closer to the 7.75 than the 21 mills, which would not only maintain present reduced ser- vices but allow the call-back of several laid-off personnel, and the restoration of services previously discontinued. The tabulation of those to be called back and the respective costs was listed as follows: 2 Policemen $33,000 I 2 Firemen 33,000 1 Full-time Street 16,500 1 Part-time Street (summer) 2,888 1 Dispatcher 10,400 Park/Cemetery summer help 4,212 Mill equivalent = 4.9 $100,000 If the above tabulation were authorized this would require 4.9 mills added to the 7.75 for a total of 12.65. This millage would allow sidewalk plowing to be restored; virtually elimi- nate the clOSing of fire station No.2; eliminate only 2 patrolmen on duty during a shift; improve dispatCh services for both pOlice and fire; and greatly aid in retaining our Class 1-'8 ,-\ ( , I 4 fire rating. Summer help would also be available for maintenance of parks and cemetery. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the proposition for the 7.75 mills allowing for a maintenance effort at present service 1 eve 1 s be placed on the ballot. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the second proposition for 4.9 mills to call back six full-time personnel additional be placed on the ba llot. 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. Finance Department - request to attend Finance Seminar - March 26-27, Helena The Department of Community Affairs scheduled a Municipal Finance Workshop in Helena on March 26-27, 1980, and the City Manager requested that the Director of Finance, the Assistant Director of Finance, the Financial Consultant and Commissioner Mathre be granted permission to attend the workshop and, it being in the public interest their expenses be paid out of the appropriate funds. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the above be granted permission to attend the workshop. 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. City Engineer - request to attend APWA Conference - Gillette, Wyoming - April 10-12, 1980 The APWA Conference has scheduled a conference to be held in Gillette, Wyoming on April 10-12, 1980 and the City Engineer requested permission to attend the conference. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City Engineer be granted permission to attend the APWA Conference and, it being in the public interest his expenses be paid out of the appropriate fund. The motion was carried by the I 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 Raffle License - Bozeman Lion's Club - June 30, 1980 The City Manager presented an application from the Bozeman Lion's Club, along with the appropriate fee for the purpose of holding a raffle on June 30, 1980. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for the raffle 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. Claims for March The general claims for the month of March, 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 Stiff, seconded by Commissioner Swanson, that the Commission approve the claims. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner r~athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Bozeman Help Center - request for wooden sign in front of business - 318 West Mendenhall A letter received from the Bozeman Help Center requesting a variance to the Sign Code to I place a wooden sign in front of their business on 318 West Mendenhall, was presented. The wooden sign would be approximately three feet by four feet, constructed of wood, and anchored rigidly into the ground. There will be no electrical apparatus on or near the sign. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the wooden sign. The motion was carried by the following Aye and No , ,\ ~':-:-. ~ .J vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Report The report of the Director of Public Service for February was presented for acknowledge- ment and filing on Wednesday, April 2, 1980. I Adjournment There being no further business to come before the Commission at this time, 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 lmer, and Mayor MacNab; those voting No, none. DUNCAN S. MACNAB, Mayor ATTEST: e?~ ~ ~~ ERNA V. HARDING, Clerk of the City Commission I I