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HomeMy WebLinkAbout1978-03-01 ,,395 March 1, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION March 1, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 1, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Com- I missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, February 22, 1978, were approved as corrected. Decision Preliminary Plat Approval - R. Jursnick Lot 25, Gordon Mandeville Subdivision G. Schaefer Lot 22, " " " The decision on the request of Ray Jursnick for preliminary plat approval of Lot 25, and Gary Schaefer for preliminary plat approval of Lot 22 located in the Gordon Mandeville State School Subdivision having been delayed for a period of one week for an on the site inspection and further study was again brought before the Commission. After a thorough discussion and upon the City Manager's recommendation, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the preliminary plat of Lot 25 in the Gordon Mandeville State School Subdivision of Ray Jursnick be approved with the following conditions: l. A forty (40) foot right-of-way be dedicated along with ten (10) foot easements on both sides of the dedicated right-of-way. 2. That the final plat contain a non-access statement for lots #1 and 114 onto Griffin Drive. 3. That the subdivision road be named. Also, installation of a street sign by the developer will be furnished. 4. That the developer successfully initiate a request for annexation of this property I to the city. 5. Following annexation to the city, the developer successfully initiate requests for the creation of Special Improvement Districts for city sewer, water, storm drainage, and complete paved street systems. 6. Utility easements be included on the final plat as required by local subdivision regulations. 7. That the location of a fire hydrant be changed as suggested by City Fire Chief. 8. That any existing septic systems be terminated when the first opportunity to connect to the City's central sewage lines is made available and the septic systems be lim- ited to only those which now exist. 9. That State Department of Health approval be received. 10. Proper erosion and sedimentation control be reviewed by the City Engineer. The motion was carried by the following Aye and No vote; those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve Gary Schaefers preliminary plat of Lot 22 in the Gordon Mandeville State School Subdivision with the following conditions: l. A forty (40) foot right-of-way be dedicated along with ten (10) foot easements on both sides of the dedicated right-of-way. I 2. The subdivision road be named. Also, installation of a street sign by the developer will be furnished. 3. The developer successfully initiate a request for annexation of this property to the city. 4. Following annexation to the city, the developer successfully initiate requests for the creation of Special Improvement Districts for city sewer, water, storm drainage and complete paved street systems. 5. Utility easements be included on the final plat as required by local subdivision regulations. 6. That any existing septic systems be terminated when the first opportunity to connect to the city's central sewage lines is made available. The septic systems be limited to only those which do not exist. . ---.- --~ 39G 7. The State Department of Health approval be received. 8. A temporary cul-de-sac be provided at the end of the subdivision road in the existing Meadow Lane dedicated right-of-way. 9. Proper erosion and sedimentation control be reviewed by the City Engineer. ~ The motion was carried by the following Aye and No vote; those voting Aye being Commis- I sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none. DiBardinas & Evans, 242 East Main Street - Variance to allow balcony restoration over Main Street - Plant two trees in front of building Mr. Bob Evans of DiBardinas & Evans was present to request a variance to rebuild the original balcony on to the old VFW building and to plant two trees in front of the old VFW building (Old World Deli), 242 East Main Street. The building would encroach 2~' over the sidewalk. It would be made of material compatible with the existing structure and must meet the minimum requirements of the United Building Code. Following a thorough discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that DiBardinas & Evans be granted a variance to rebuild the original balcony on the old VFW building and to plant two trees in front of the building located at 242 East Main Street subject to approval by the engineering staff and the building inspectors. 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; voting No, none. Confirmation of Police Officer Wm. Kayser - Bozeman Police Department The Chief of Police reported that Police Officer, Wm. Kayser had satisfactorily completed the required one-year probationary period and recommended that Police Officer, Kayser be con- firmed as a regular officer of the Bozeman Police Department effective March 1, 1978. The City Manager concurred in the recommendation of the Chief of Police and it was moved I by Commissioner Vollmer, seconded by Commissioner Swanson, that the confirmation of Police Officer, Kayser be approved and he be congratulated upon completing the one-year probationary period. The motion was carried by the following Aye and No vote; those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, voting No, none. Discussion - Proposed water rates The proposed water rate increases were presented for further discussion. Several persons were present to protest the rate increase and to express their concern over not being able to irrigate their lawns due to the proposed rate increase. The Director of Finance said the city could still meet its revenues if the discount were discontinued in May and June and the city charged 36 cents per 100 cubic feet of irrigation water in July, August and September. The City Manager stated the 36 cent rate is still lower than the regular water rate. Following discussion, the City Manger asked the Commission to be ready to act on the pro- posed rate increase by Wednesday, March 15. The proposal will then be forwarded to the State Public Service Commission which will schedule a public hearing if any objections are made to the increase. He further stated it could take up to a year before the rate increase receives Public Service Commission approval. Ordinance No. 1001 - Prohibiting public drinking of beer or liquor Ordinance No. 1001 prohibiting public drinking of beer or liquor as prepared by the City I Attorney was presented, entitled: ORDINANCE NO. 1001 AN ORDINANCE PROHIBITING PUBLIC DRINKING OF BEER OR LIQUOR: PROHIBITING PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR IN CERTAIN PUBLIC PLACES IN THE CITY OF BOZEMAN, MONTANA: DEFINING LIQUOR AND BEER, PUBLIC PLACES, PUBLIC DRINKING, AND PUBLIC DISPLAY OR EXHIBITION. It was movedby Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 1001 be passed and adopted and become effective on April 1, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner '&1'97 Vandeventer, Commissioner MacNab; those voting No being Commissioner Vollmer and Mayor Sedivy. Ordinance No. 1002 - Prohibiting the consumption or possession of intoxicating liquor in motor vehicles upon a public highway or parking lot Ordinance No. 1002 prohibiting any bottle or receptacle containing such alcoholic beverages which has been opened or the seal broken, or the contents of which have been partially removed I as prepared by the City Attorney was presented, entitled: Ordinance No. 1002 AN ORDINANCE PROHIBITING THE CONSUMPTION OR POSSESSION OF INTOXICATING LIQUOR IN MOTOR VEHICLES UPON A PUBLIC HIGHWAY OR PARKING LOT: EXCEPTING OPEN BOTTLES OR RECEPTACLES IN THE TRUNK OF A MOTOR VEHICLE, BUT PROVIDING THAT THE GLOVE COMPARTMENTS ARE NOT EXCEPTED. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Ordinance No. 1002 be passed and adopted and become effective on April 1, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, and Commissioner Swanson, those voting No being Commissione~Vollmer and Mayor Sedivy. Consideration of endorsement - Boni issue for Section 8 Low Income Housing Consideration of the endorsement of the Bond issue for Section 8 - Low Income Housing was discussed. Ottis Hill of the Department of Community Affairs was present and stated the City Attorney should contact the attorney representing Housing and Urban Development in Denver regarding the city's responsibility of forming a Public Housing Agency. It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that consid- eration of the endorsement of the Bond issue for Section 8 - Low Income Housing be rescheduled for Wednesday, March 8, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commis- I sioner Swanson and Mayor Sedivy, voting No, none. Commission Resolution No. 1951 - Intent to Create SID 590, paving South Black Avenue to College Street to Railroad Track. Commission Resolution No. 1951 declaring the intention to create Special Improvement District No. 590 for construction and installation of pavement and storm drains on South Black Avenue from College Street to Arthur, College from Black to Tracy, Harrison from Black to Tracy, and the CuI De Sacs adjoining Black Avenue as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1951 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 IMPROVE- MENT DISTRICT NO. 590 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON SOUTH BLACK FROM COLLEGE TO ARTHUR, COLLEGE FROM BLACK TO TRACY, HARRISON FROM BLACK TO TRACY, AND THE CUL DE SACS ADJOINING BLACK IN THE CITY OF BOZEMAN. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1951 be passed and adopted and March 22, 1978, be the date set for public hearing. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, those voting No being Commissioner Swanson, and Mayor Sedivy. Dave MacKenzie, Budget Tapes & Records, 26 W. Main St. - ~ood Sign Variance I A letter received from Dave MacKenzie, Budget Tapes & Records, 26 West Main Street, requesting a variance to the sign code to approve the usage of a wooden sign, was presented. The Building Official saw no reason not to allow the requested variance. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve the variance to the sign code, and 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. Ordinance No. 1000 - Establish and post fire lanes for access of fire equipment to buildings Ordinance No. 1000 authorizing and empowering the Fire Chief of the City of Bozeman to es- 3~8 tablish and post fire lanes as prepared by the City Attorney was presented, entitled: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY OF BOZEMAN AUTHORIZING AND EMPOWERING THE FIRE CHIEF OF THE CITY OF BOZEMAN, MONTANA, TO DESIGNATE, LAY OUT, ESTABLISH AND POST FIRE LANES FOR ACCESS OF FIRE EQUIPMENT TO BUILD- INGS IN THE CITY OF BOZEMAN, MONTANA, AND PROVIDING PENALTIES FOR I PARKING OF MOTOR VEHICLES THEREIN. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer that Ordinance No. 1000 be passed and adopted, and 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. Commission Resolution No. 1949 - Create SID No. 587 - San. Sewer Laterals Bomont Subdivision Commission Resolution No. 1949 creating Special Improvement District No. 587 was presented, entitled: COMMISSION RESOLUTION NO. 1949 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 587 OF THE CITY OF BOZEMAN FRO THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: AN EIGHT (8) INCH LATERAL MAIN AND APPURTENANCES ON BRYANT STREET, BOND STREET, AND GOLD AVENUE, AND EASEMENTS NORTH OF SAME IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, SEWER PIPE, MANHOLES, WYES, LAMPHOLES, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1949 be passed and adopted and the motion was carried by the following Aye and I No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; voting No, none. Commission Resolution No. 1950 - Create SID No. 589 - Watermains - Bomont Subdivision Commission Resolution No. 1950 creating Special Improvement District No. 589 was presented, entitled: COMMISSION RESOLUTION NO. 1950 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 589 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTEN- ANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTENANCES ON BRYANT STREET, BOND STREET, AND GOLD AVENUE IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SER- VICE LINES AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer. that Commis- sion Resolution No. 1950 creating Special Improvement District No. 589 for the construction of watermains in the Bomont Subdivision be passed and adopted. 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. Execute Contract Documents - Johnson Excavating - SID's 580, 581, 582 & 583 I The Contract Documents for the sanitary sewer, watermain and storm drain construction " 'I /7' in Special Improvement District No's 580, 581, 582 and 583 as prepared by Thomas, Dean & Hoskins, - Inc., were presented. The City Manager recommended that the contract documents in the amount of $250,960.50 as submitted by Johnson Excavating be approved. It was moved by Commissioner Vandeventer, seconded by Commissioner Macnab, that the contract documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Johnson Excavating be authorized and direct- ed to proceed with the construction of SID's 580, 581, 582 and 583. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner 3Q9 " .~jri" MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none. Report of City Engineer & City Attorney re - acceptability of Northeast Annexation water trunk Following a one week delay, the City Engineer submitted the following options to the City Commission: I 1. To delete the ten (10) inch line on Griffin Drive between Rouse Avenue and the Story Mill road which would result in an increase in costs of approximately 18.4 percent to the remainder of the district. 2. Leave the ten (10) inch line in the district but have the city pick up the cost over that of the eight (8) inch system. This would result in an overall decrease of about 17 percent. 3. The city delete the ten (10) inch line on Griffin Drive but pick up everything over eight (8) inches on the remainder which would result in approximately the same per square foot figure as originally proposed. The City Engineer recommended that the city create the district as originally proposed since there was only a 16.4% protest tothe district. - The City Manager recommended that action be deferred for a period of~ne week in order that the City Commission can study the proposed options. Consideration of Compliance Schedule with DHES & EPA regarding sewage treatment plant expansion and effluent disposal A revised compliance shcedule regarding sewage treatment plant expansion and effluent dis- posal was presented to the City Commission for their consideration. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the compliance schedule developed by the Environmental Protection Agency, the State of Montana, the City of Bozeman and the consulting engineers, and that the City Attorney be instructed to finalize the compliance schedule to be forwarded to Denver I for approval. 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. Extend date to receive bids on two trucks for Street Department and one truck for Water and Sewer Department It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the date to receive bids for two trucks for the Street Department and one truck for the Water and Sewer Department be extended to March 22, 1978. 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. Application for Raffle License - Bozeman Deaconess Hospital Unit of Nurses Association-April 30 The City Manager presented an application from the Bozeman Deaconess Hospital Unit of Nurses Association, along with the required fee, for the purpose of holding a raffle on April 30, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license for the Bozeman Deaconess Hospital Unit of Nurses Association. 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; voting No, none. Designation of Acting City Manager I Upon recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that be be granted leave of absence from March 3 to March 9, and that the Director of Finance be designated Acting City Manager during this time. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, 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 MacNab, that the meeting be adjourned, --.....-----"""'-.............~--- ---~~-_.~--- ~~-~ iOO and 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; voting No, none. -- EDMUND P. I ./' I // ATTEST: ~ CITY COMMISSION "- I I