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HomeMy WebLinkAbout1977-04-06 .182 Bozeman, Montana April 6, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 6, 1977, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commis- sioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg, and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on March 30, 1977, were approved as read. Public Hearing - Vacation portion of Alley behind First Security Bank Ordinance No. 986 - Vacating portion Alley in Block C of Original Townsite This was the time and place set for a public hearing to consider the request of the First Security Bank for vacation of a portion of the alley in Block C of the Original Townsite of the City of Bozeman. Affidavit of publication of Notice and the Clerk's mailing certificate'stating all property owners had been notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The hearing was closed, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission concur in the recommendation of the City Manager, that Ordinance No. 986, entitled: ORDINANCE NO. 986 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION OF THE ALLEY IN BLOCK C OF THE ORIGINAL TOWNSITE OF BOZEMAN, MONTANA. as prepared by the City Attorney vacating a portion of the alley in Block C of the I Original Townsite be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Se~ivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Public Hearing - Zone Change (R-S-~T-2 to R-4) as requested by Neal Ganser This was the time and place set for a public hearing to consider the request of Neal E. Ganser for a zone change from R-S-I-T-2 to R-4 on Tract 3 of the Bozeman Creek Annexation and the request of McRay Evans for a zone change from R-S-l to R-3 on a 1.8 acre tract of land located east of and adjacent to the northeast corner of Thompsonl;s 4th Addition and south of and adjacent to East Lincoln Street if it were extended east of Thompson's 4th Addition. Having reviewed the Planning staff's report, the Zoning Commission voted unanimously to table the request of Neal E. Ganser and McRay Evans until the state agencies are able to complete their studies of the area's floodplain. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the I request of Neal E. Ganser for a zone change from R-S-l-T-2 to R-4 on Tract 3 of the Bozeman Creek Annexation and the request of McRay Evans for a zone change from R-S-I to R-3 on a 1.8 acre tract of land located east of and adjacent to the northeast corner of Thompson's 4th Addition and south of and adjacent to East Lincoln Street be tabled indefinitely as no information has been received from the S.C.S. regarding elevation in the floodhazard area. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commis- 183 sioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Bond Sale - SID No. 574 - Construction of Henderson's Watermain ($17,500.00 The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No. 511 I for the construction of Henderson Watermain in the amount of $17,500.00 The Mayor and City Manager outlined the procedure for conducting the bond sale and stated the amount of bonds to be sold for the district would be the same as the advertised amount. The Mayor announced the City was now ready to conduct bidding for the purchase of the bonds either by sealed or oral bids and that the City not accept any bids above 8%. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the City proceed with the bidding of SID No. 574, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis- sioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. The following bidders presented their good faith checks as prescribed by the Notice of Sale: First National Bank First Security Bank Joseph and Patricia Halterman Oral bidding began and the final best oral bid was First Security Bank of Bozeman I in the amount of 6.95%. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the sale of the bonds for Special Improvement District No. 574 in the amount of' $17,500.00 be awarded to First Security Bank of Bozeman in the amount of 6.95% and that the good faith checks be returned to the unsuccessful bidders. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Open Bids for removal/demolition/clearance of three park structures This was the time and place set for opening bids for the sale and removal of three buildings owned by the City of Bozeman. The affidavit of publication of the "Call for Bids" was presented. Having received no bids for the removal/demolition or clearance of the three park structures, no action was taken. Public Hearings - a) Conditional Use Permit - Don Blehm on North Rouse for construction of a building b) Conditional Use Permit - David Osterman - Authorize a caretaker residence I This was the time and place set for a public hearing to consider the request of Don Blehm for a conditional use permit to allow him to construct an 8,750 sq. ft. building on a one acre tract of land in the SW!.t, NW!.t of Section 6, T2S, R6E, MPM, being located just north of the D.T.I. Building now occupied by Summit Engineering. Havi~g reviewed the staff's report; the Zoning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions: l. That the building be approved for flood proofing measures by the Building Official and/or the State Department of Natural Resources. 184 2. That signing be limited to two (2) flush mounted building signs (one on each street frontage) with a combined total sign area of 50 square feet or less. Further, that the signs be non-illuminated or internally illuminated. 3. That off-street parking for l2 cars be provided for the one building. 4. That access be provided omf of Rouse Avenue with the stipulation that this access be closed (and landscaped) and access(s) be provided on Bond Street when this street is constructed. I 5. That the required yard area on Rouse Avenue be landscaped as proposed with grass, shrubs and trees, to specifically include a minimum of two (minimum 2" diameter) trees. Further, that when Bond Street is developed that the 20' required yard area on Bond Street be developed in a like manner to that on Rouse Avenue. 6. That the unpaved, unlandscaped, and ungraveled areas of the site be maintainined in a well kept manner (i.e., mowed down and litter free). 7. That the required improvements be accomplished within six (6) months of the issuance of a building permit. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the conditional use permit be approved with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. This was the time and place set for a public hearing to consider a Conditional Use Permit requested by David Osterman to convert two storage stalls of the appli- cant's rental storage facility into a ca~etaker residence. The facility is located in an M-l-T zone and an owner and caretaker residence is a conditional use in the I M-l zone. Having reviewed the Planning Staff's report, the Zoning Commission voted unanimously to recommend approval of the Conditional Use Permit with the following condition: 1. That sewer and water service be approved by the City Engineer and/or Gallatin County Sanitarian. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the request for a Conditional Use Permit be granted with the above condition. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Conm&deration of Bids opened March 30 for construction of Watermain SID No. 574 to to serve Henderson Development The engineers representing consultants, Thomas, Dean & Hoskins, Inc., and the City Enginee~ having completed their study of the bids submitted for the construction of watermains, SID No. 574, to serve Mr. Carroll Henderson's Development and having I prepared a final tabulation of the bids, recommended that the bid be awarded to Mike Boylan Excavating, Inc., of Bozeman, Montana, in the amount of $18,039.00. The bids exceeded the monies available and in reviewing the project with the City Engineer and low bidder, Thomas, Dean & Hoskins could not establish any items that could be deleted to reduce the cost and result in a quality project and since the developer, Mr. Carroll Henderson agreed to pay the additional cost, Thomas, 185 Dean and Hoskins, Inc. , recommended awarding the bid to Mike Boylan: Excavating. The Commission concurred with the recommendation of the engineers, also con- curred in by the City Manager, and it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Mike Boylan Excavating, Inc. , of Bozeman be I awarded the bid on the basis of their low bid in the amount of $18,039.00 and that Carroll Henderson pay the balance over the estimated in the resolution of intention to create the district. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1871 - Intent to Create SID No. 579 tPaving Henderson's A portion of Tract 12, Bozeman Creek Annexation Commission Resolution No. 1871 declaring the intention to create a Special Improvement District No. 579 for paving construction on a portion of Hayes Street on the Subdivision Plat of Tract 12, Bozeman Creek Annexation, as prepared by the City Attorney and replacing Commission Resolution No. 1869, Special Improvement District No. 575, was presented entitled: COMMISSION RESOLUTION NO. 1871 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DEC~RING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 579 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTE- GRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE I ON PORTIONS OF HAYES STREET SHOWN ON THE SUBDIVISION PLAT OF TRACT 12, BOZEMAN CREEK ANNEXATION, TO THE CITY OF BOZEMAN. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1871 be passed and adopted and April 27, 1977, be the date set for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Volilimer; those voting No, none. Mr. Van Winkle was present and thanked the Commission and City Manager for their consideration in forming an alternat:e'. Special Improvement District. Ordinance No. 987 which closes public parks at specified evening hour A discussion was held in regard to closing of public parks at a specified hour. The Park Superintendent said the Park Department has had many complaints from private citizens about travelers using the park facilities for overnight parking. The Commission did not support the idea of closing the parks but agreed they would support closing the parks to overnight camping. The Commission directed that an ordinance be drafted to reflect this consensus. I Ordinance No. 988 - Require vaults for all adult interments at Sunset Hills Cemetery It was moved by Commissioner Lehrkind, seconded by Commismmoner Sedivy, that the Commission defer action on Ordinance No. 988 requiring vaults for all adult interments at Sunset Hills Cemetery. Further investigation is needed regarding the use of materials other than wood which would meet City specifications. The motion was carried by the following Aye and No vote: those voting Aye being Con~issioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, Commissioner LehrJcind, and Mayor Vollmer; those voting No, none. l 18,6 Authorization to subm1.t Step II Application to EPA for Sewer Rehabilitation Throughout the City An Amendment to the Contract Agreement between the City of Bozeman and Thomas, Dean and Hoskins, Inc. , of Great Falls, to submit Step II Application to EPA for Sewer Rehabilitation throughout the City was presented. The extent of the improve- ments will include television, re-inspection, cleaning and pressure testing pipe I and joints, etc. , located in Bozeman. An amount of $24,750.00 will be paid to Thomas, Dean & Hoskins for engineering services based upon being authorized to proceed with the work within 45 days of the date of the contract amendment. Having reviewed the Amendment to the Contract Agreement, the City Manager recommended that the City enter into the Agreement and submit Step II Application to EPA for Sewer Rehabilitation. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission accept the Guildner report and cost-effective analysis subject to EPA approval and authorize Thomas, Dean & Hoskins to submit Step II application to EPA for Sewer Rehabilitation throughout the City as per amendment to said contract. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Set date, time and place to canvass election returns of municipal election held I on AprilS -8:00 A.M. on Thursday, April 7, at Courthouse The City Manager pointed out that the County Clerk and Recorder set Thursday, April 7, 1977, as the time and place to canvass the election returns at which time the County Commissioners, assisted by the Clerk of the Commission, will canvass the returns for the Commissioners and the $400,000 bond issue. Application for Raffle License - a) American Red Cross - April 30, 1977 b) Headwaters Council of Camp Fire Girls - April 22 The City Manager presented applications and the required fee of $10 for a raffle liCepse' for a raffle to be held by the American Red Cross on April 30, 1977, and for a raffle to be held by the Headwaters Council of Camp Fire Girls on April 22. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission approve the application for the raffle licenses for the American Red Cross and the Headwaters Council of Camp Fire Girls. The motion was carried by the following Aye and No vote: these voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Reports: Police Monthly - Fire Monthly I The City Manager commented on the following reports and recommended they be accepted and ordered filed: Police Monthly Fire Monthly It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the reports be accepted and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Com- missioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. 1..8".,...., .. ;'11: Proclamation - Medical Laboratory Week in Bozeman - April lO-l~ 1977 Mayor Vollmer proclaimed the week of April 10-16, 1977, as "Medical Laboratory Week!! in Bozeman and urged all cith:ens to recogni:le and support the- vital service provided by the Medical Laboratory for the benefit of all citizens. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that I the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commis- sioner Sedivy, Commissioner. Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Proclamation - "Community Coordinated Child. Care (4-C's) Week" - April 3-ll, 1977 Mayor Vollmer proclaimed the week of April 3-10, 1977, as "Community Coordinated Child Care (4-C's) Week" and urged all citizens to provide coordination of services on the state and local levels for the purpose of helping existing child and youth agencies to do a better job. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission concur in the Mayor's proclamation. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Claims I Claim N.OS' 25483 thru 25683 inclusive and 8798 thru 9006 inclusive were presented as follows: Cemetery $ 2,375.78 SID's $ 157.56 Garbage 3,330.37 Street 9,916.03 General 29,335.22 Water 4,499.57 Library 1,673.98 FedcraLion 2l6.48 Park 6,031.82 Stores 2,326.44 Parking Meter l,10S.73 Supplies 689.34 Planning Board 763.62 EPA 45,270.00 SDS 2)97ar09 Total $113,670.03 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 Taylor, seconded by Commissioner Vandeventer, that the claims be approved as presented The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the I meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. JAMES W. VOLLMER, Mayor ATTEST: g r/~~ ., , - $ , ERNA~ HARDING . Clerk of the City Commission