Loading...
HomeMy WebLinkAbout1978-05-10 450 May 10, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, May 10, 1978, at 1:15 o'clock p.m. Present were Commissioner MacNab, Com- missioner Vollmer, Commissioner Vandeventer, Commissioner Swanson, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, May 3, 1978, were approved as submitted. I Absence of Mayor Sedivy authorized - May 10, 1978 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Mayor Sedivy, from this meeting be authorized in compliance with Section 11-3245, R.C.M., 1947, and that Commissioner MacNab be appointed President Pro-Tempore during his a~sence. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Acting }layor ,MacNab, those voting No, none. Open Bids - Purchase of 42,000# Silicofluoride for Water Department This was the time and place set for opening bids for the purchase of 42,000 pounds of Sodium Silicofluoride. The Affidavit of Publication of the "Call for Bids": was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bids be opened and read and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, Acting HayorH; _Ma:cNal?, those voting No, none. The following bids were then opened and read: Dyce Sales & Engineering - Billings, Mt. $17.70 per cwt. Van Waters & Rogers - Billings, Mt. 17.72 " " Wyo-Ben - Billings, Mt. 20.70 " " It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer that the bids be referred to the Water Superintendent and the Engineering Staff for tabulation and a final I recommendation of Wednesday, May 17, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Swans:Qn,Commissioner Vollmer, Acting Ma-yor,MatNab , those voting No, none. Open Bids - Purchase of Hydrostatic Drive Lawn Mower - Park Department This was the time and place set for opening bids for the purchase of a new hydrostatic drive rotary lawn mower for the Park Department. Affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be opened and read, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandventer and Act:tngMayor, MacNab, those voting No, none. The following bids were then opened and read: Midland Implement Company - Billings $4,995.00 Turf Aid Distributing Co. - Billings 5,200.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the Park Superintendent for tabulation and a final recommendation on Wednesday, May 17, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor,MacNab, those voting No, none. I Decision -re Conditional Use Permits (a) Bruce Pitcher - Undertake the development of a professional photography office at 1920 West Babcock Street The decision on the request of Bruce Pitcher to develop a professional photography office having been deferred for a period of one week, was brought before the Commission for a decision. The City Attorney had reviewed the documents to determine their legality regarding the utilization of the off-site parking spaces and found they were in order. The Commission concurred in the recommendation of the Zoning Commission and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request for the conditional use permit with the following conditions: -- 451 1. The parking area should be restricted to four spaces no closer than twenty-five feet from Babcock Street. Access to the parking area shall be from the existing alley. Access to the parking areas from the alley shall be restricted to a single entrance twenty feet wide. 2. Landscaping shall be provided to mitigate the impact of the parking area on adjoining residential areas and shall be located at a minimum southerly of the parking area and I at the entranceway from the alley. Landscaping plans shall be reviewed by the Planning Staff . 3. A small directional sign at the corner of the property and the alley shall be erected to direct people to the parking area. Said sign to be unlit and a maximum of four square feet in size. 4. The additional required parking space shall be an employee parking space located with- in the exising garage. 5. Advertising signage shall be restricted to the one proposed four by six feet sign. Any lighting for the proposed sign shall be indirect lighting only. 6. All conditioned improvemnet shall be installed within twelve months of approval of this permit. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer & Acting Mayor, MacNab, those voting No, none. (b) John Sincell - lease portion of building to manufacture & sell artists' material lo- cated at 107 Bridger Center Dr. The decision on the request of John Sincell to lease a portion of a building located at 107 Bridger Center Drive having been deferred for a period of one week, was brought before the Commission for a aecision. In concurrence with the commendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the request for the I conditional use permit with the following conditions: 1. That if the applicant applies barboard siding to the exterior of the building that the siding involve the entire front of the building. 2. That in the event that greater than fifty percent of the area of the building changes, use landscaping and parking configurations shall conform to Zoning Codes in existence at that time and the applicant shall contribute to this conformance based upon this percentage of the building area. 3. The proposed signing shall not be greater than thirty-two square feet in size. No other signs other than those proposed by the applicant shall be permitted. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner Swanson, Commissioner Vollmer, and Aeting Mayor, MacNab, those voting No, none. (c) Eugene Lennick - allow conversion existing house into shop The decision on the request of Eugene Lennick to convert an existing house into a retail shop for selling and installing fireplaces, stoves, fireplace accessories, carport covers, patio covers and awnings having been deferred until the plan staff could work out a workable site plan, was brought before the Commission for a decision. The Zoning Commission having reviewed the Planning Staffs recommendation, recommended ap- proval of the conditional use permit with the following conditions. 1. The signing be limited to be non-illuminated free-standing pole sign having a maximum height of (measuring from ground to top of sign) twelve feet with the sign area limited I to twenty square feet. 2. The development of the site be dictated by the site plan submitted to include proposed landscaping and parking. 3. No outside storage of materials be permitted on site. 4. All required site improvements be completed within twelve months from the City Commis- sion approval date. 5. The premises will be reviewed by the Zone Enforcement Office or his appointed repre- sentative for compliance with these conditions within one year from the City Commission approval date. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission --- , --- ~- -----~~ 452 approve the conditional use permit as requested with the above conditions. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting :Mayor,MacNab, those voting No, none. Decision - re Zone Changes (a) Warren Yeley - Yelew Builders, from RS-l to R-4 south of Lincoln Road, east of South I Lincoln Road, east of South 19th, and on Willow Way. Having continued the public hearing on the request of Warren Yeley, to rezone approximately 4.3 acres of land from RS-l to R-4 for a period of one month, it was again presented. The City Manager advised the Commission that a new petition had been received whereby the petitioner requested a zone change from RS-l to R-3. This in effect withdraws the original R-4 petition. The Acting Mayor declared the continuation of the public hearing open. There was no one present to speak in favor of or in opposition to the Zone change. The Acting Mayor declared the hearing closed and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer that the Commission deny the request for the Zone change from an RS-l to R-4. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Swanso~Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. (b) Clarence Barclay - Change extraterritorial zoning map which would reclassify a 2- acre tract of land from AS to RS-I The decision on the request of Clarence Barclay, to reclassify a 2-acre tract of land from AS to RS-l, having been deferred until the Planning Staff reviewed it, was brought before the Commission for a decision. The zoning classification, if approved, would allow for the creation of one acre residential lots. The City Attorney advised against the zone change. He felt it would set a precedent. He further advised the Commission that if there were ever an instance of spot zoning, this would I be it. The Commission concurred in the recommendation of the favorable three to two vote by the Zoning Commission and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request to reclassify a 2-acre tract of land from AS to RS-1. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting }1ayor,MacNab, those voting No, none. (c) Robert A. Foster - AS to RS-l, 40 acre tract Northwest of City The decision on the request of Robert A. Foster, for a zone change from Agricultural to Rural - Suburban having been deferred for a period of one week, was brought back to the Commis- sion for a decision. The City Manager hoped all of the Commissioners had had an opportunity to view the Foster property. Following an extensive discussion by the Commission, it was moved by Commissioner Vandev- enter, seconded by Commissioner Vollmer, that the Commission approve the zone change. Those voting Aye being Commissioner Vollmer, those voting No being Commissioner Vandeventer, Commis- sioner Swanson and Acting Mayor,MacNab. The request for a zoue change was denied. (d) Gallatin Thrift Stations, Inc. continued hearing - M-l & R-5 to RO-l, Blk 3 & 4, Bab- cock & Davis Addu. & Blk 42 thru 45, N.P. Addn. Having continued the hearing on the zone code change of Gallatin County Thrift Stations, I Inc. , it was again presented. Ron Cooper gave a brief summary of the request. He advised the Commission that the Planning Staff recommended denying the requested zone change from High Density Residential and Light Industrial to Residential Office. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission deny the request of the Gallatin County Thrift Stations, Inc. , for a zone change from M-l and R-5 to R-O. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor,MacNab, those voting No, none. .~ 453 Public Hearing - Conditional Use Permit - Wm. J. Sebena, construct office and shop facilities to run an asphalt batch plant, north of Exxon terminal on Griffin Drive. This was the time and place set for a public hearing to consider the request of Wm. J. Sebena to construct an office and shop facility to run an asphalt batch plant. The site is located north of the Exxon terminal on Griffin Drive, west of the Burlington Northern Railroad I tracks, and east of Mr. Thornton's Salvage Yard. The Acting Mayor declared the hearing openand advised the Commission that the hearing was being recorded by Mr. Sebena's attorney. The Planning Director presented the staff report recommending approval of the request subject to nine conditions. The Zoning Commission denied the request. Several persons were present to object to the granting of the conditional use permit. Mike Salvagni, Attorney for David Manley, explained the area is zoned M-2-T and because of the T designation, the proposal is not warranted and should not be permitted. He stated the district was created as a buffer zone. He did not feel that a batch plant conformed with the character of the district. He further stated the Commission could not grant a conditional use permit unless it finds that the plant will not adversly affect the adjoining properties in the area. Gary Schaefer stated that he and Mr. Jursnick were planning a clean-up project of this area and had plans for filing an application to rezone this area to more adequately fit the nature of businesses already located in this area. He also objected to the amount of dust that would be created by this type of project. David Manley objected to the dust and smell that would be created by the batch plant. Yellowstone Pipe Line opposed construction of the proposed asphalt plant on basis of safety. Construction of a hot oil plant on the same property that the pipeline crosses would create an unusually high risk of pipeline damage. A petition signed by nineteen persons opposing the granting of a conditional use permit I was also presented. Attorney, Joe Sabol appeared before the Commission on behalf of the applicant. He hoped that at the outset, that some of the information given to the Commission would be worthy of their consideration. He stated the conditional use as applied for is a permitted use in this zone. He further stated the "T" designation allows the Commission to review the conditional use. He stated there is a very sharp distinction between a variance and a conditional use per- mi t . He explained that when a conditional use permit application is made there are seven areas of concern. Mr. Sabol presented a proposed written conditional use permit agreement, revocable or suspendable for failure to comply, bad faith or unreasonable delay. Mr. Sabol presented a letter from the Department of Health and Environmental Sciences in which they stated that all batch plants must be source tested within 60 days of operation and must meet federal New Source Performance Standards of 0.04 grains of particulate per standard dry cubic foot. He also pre- sented an encroachment application and permit signed by the Gallatin County Commissioners and Mr. Sebena which allows Mr. Sebena to install two approaches on the North side of the road South and West of Burlington Northern Right-of-way at 209 West Griffin Drive. Mr. Sabol further stated that he hoped the Commission would not judge the applicant on past records. The City Attorney asked that if noise is controlled by Common Law nuisance, would odor also be controlled by the Common Law nuisance. He was advised that the plants are designed to meet minimum standards. Mr. Berg said there was an objection from the Yellowstone Pipeline in that it would createa hazard and wondered if this is the prescribed limit. Attorney Sabol said I that Yellowstone Pipeline would have nothing to say with anything outside of the prescribed limit . The Fire Chief said that according to the fire code there is nothing that prohibits build- ing of a plant of this kind in that area. The City Engineer said there is a safety problem that needs to be handled by the highway department, involving sight distance at the Railroad crossing at the east edge of the property. Mr. Sebena said the county has placed the driveways at the west and east end of the prop- erty. The driveway at the west end is away from the railroad. The Acting Mayor declared the hearing closed and the City Manager recommended that action be delayed for a period of one week. ~ n~ -- ~-- --- -- -- --. - --- . - - ---- ~~ ~- ,154 Public Hearing - Conditional Use Permit - Roger McCormick - racquet ball/health club and rental office space This was the time and place set for a public hearing to consider the request of Roger McCormick to construct a racquet ball/health club and rental office space on an approximately two and one-half acre parcel of land being Tract 4 of the Old Elks Property located southerly of Haggerty Drive. I The Associate Planner presented the staff report which recommended approval of the request subject to five conditions. The Acting Mayor declared the hearing opened. Several persons were present in regard to the proposed conditional use permit. The Acting Mayor declared the hearing closed and recommended that action be delayed for a period of one week. Joe Sabol - re Robert A. Foster decision Joe Sabol, Attorney representing Robert A. Foster inquired as to whether the City had a written transcript of the Robert A. Foster hearing. City Attorney Berg said the City Commis- sion proceedings are not normally taped or transcribed. Public Hearing - Commission Resolution No. 1960 - Intent to Create SID 592 Watermains Block 5, Figgins Addition This was the time and place set in Commission Resolution No. 1960, to hear protests to the creation of Special Improvement District No. 592, Watermain construction in Block 5, Figgins Addition. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were 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 Vollmer, seconded by Commissioner Swanson that they concur in the recommendation of the City Manager and defer the action for a period of one week until such delinquencies are paid up. The motion was carried by the follow- I ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Acting Mayor, MacNab, those voting No, none. Public Hearing - Commission Resolution No. 1961 - Intent ton Create SID 593, Sanitary Sewer Block 5, Figgins Addition This was the time and place set in Commission Resolution No. 1961, to hear protests to the creation of Special Improvement District No. 593, Sanitary Sewer construction in Block 5, Figgins Addition. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were 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 Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the City Manager and defer action on creating the district for a period of one week until such delinquencies are paid up. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting :Hayor, MacNab, those voting No, none. Public Hearing - Commission Resolution No. 1962 - Intent to Create SID 594 Paving Block 5, Figgins Addition This was the time and place set in Commission Resolution No. 1962, to hear protests to the creation of Special Improvement District No. 594, Paving construction in Block 5, Figgins Addition. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no written protests on I file and no one appeared to protest verbally. The hearing was closed and it was moved by Commissioner Vandeventer, seconded by Commis- sioner Vollmer, that the Commission concur in the recommendation of the City Manager and defer action on creating the district for a period of one week until such delinquencies are paid up. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Swanson ,Commissioner Vollmer, and Acting Mayor, MacNab, those voting No, none. Formal consideration of Water Rates The City Manager advised the Commission that a proposed water rate schedule had been sub- ---"- - - ~-~ ----~--_.- ----._--~-- - ~--~ ------- ~- ___~_____~__ _~............... --..a.... 455 mitted to them sometime ago. The rates were designed to cover the exact amount necessary for improvement to the system. Some of the improvements were federally mandated, others were due to deterioration and age, and still others were due to expansion of the city, and the necessity to connect and loop various areas in order to provide better water service and fire protection. The City Manager stated there had been several public hearings held and the reaction to I the new rates was largely favorable. During the public hearings the residents protested the plan to eliminate the five-month summer irrigation rate. Mr. Gesko advised the Commission that the engineer's study of a compromise on irrigation found that eliminating the rate for only two months and then making up the deficit would not benefit the water users. Following discussion, the City Manager recommended that the City Commission consider con- sider Commission Resolution No. 1978 specifying the water rates and water regulation modifica- tions to become effective at a specific date. COMMISSION RESOLUTION NO. 1978 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. 595 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON NORTH- WOOD DRIVE IN WHEAT SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER- MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1978 be passed and adopted and that a format of the rates be forwarded to the Department of the Public Service Commission of the State of Montana. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, I Commissioner Vandeventer and Acting Mayor,MacNab, those voting No, none. Ordinance No. 1006 - Townhouse Development Standards Ordinance No. 1006 amending the Bozeman Municipal Code to allow the grouping of separately owned one-family dwelling units into a group of townhouses in such a manneras to make efficient, economical and aesthetically pleasing use of land so restricted that the same will be contin- ually well maintained in order to preserve the health, welfare, safety and convenience of the surrounding neighborhood and insure a reasonable amount of open space and architectural variety, was presented, entitled: ORDINANCE NO. 1006 AN ORDINANCE AMENDING THE BOZEMAN MUNICIPAL CODE TO INCLUDE A SECTION TO BE KNOWN AS CHAPTER 18.76 RELATING TO TOWNHOUSE DEVELOPMENT STANDARDS. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that Ordinance No. 1006 be passed and adopted, and the motion was carried by the following Aye and No vote, thos- voting Aye being Commissioner Swanson, Commissioner Vollmer, Commissioner Vandeventer, and Act- irtg~Mayor,MacNab, those voting No, none. Pre-Application - re CDBG fund allocations The 1978 Community Development Block Grant Preapplication for federal assistance for the Northeast Sector of the City of Bozeman, was presented. The Northeast Sector has been identified as a concentrated area for community development I by the city's Master Plan and the CDBG, and is roughly located within Lamme Street, Grand Avenue, Tammarack Street, and Broadway Avenue. The total preapplication budget is $647,700. The Comprehensive Grant Preapplication - Single Year Community Development Block Grant for small cities is as follows: l. Housing Rehabilitation 2. Removal of non-residential blighted structures 3. Public Facilities improvements (water lines, street paving & sewage) 4. Comprehensive Community Development Plan It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the 1978 Community Development Block Grant Pre-application for federal assistance for - . - .-.. ---~-----~- --- - - ----- 156 the Northeast Sector of the City of Bozeman, and that the City Manager and the Clerk of the Commission be authorized and directed to sign the preapplication for the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting}1ayor,MacNab, those voting No, none. Commission Resolution No. 1975 - SID 581 - Fix date, maturity date & amount Paving Koch & Olive between 15th and 19th I The City Manager presented Commission Resolution No. 1975 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No 581, entitled: COMMISSION RESOLUTION NO. 1975 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 IM- PROVEMENT DISTRICT NO. 581 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer that Commission Resolution No. 1975 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being, Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Commission Resolution No. 1976 - SID 584 - Fix date, maturity date & amount Paving 15th Avenue (Normandy Rearrangement) The City Manager presented Commission Resolution No. 1976 setting date, and maturity date, and principal amount of bonds issued in Special Improvement District No. 584, entitled: COMMISSION RESOLUTION NO. 1976 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 IM- PROVEMENT DISTRICT NO. 584. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commis- I sion Resolution No. 1976 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Swarison,Com- missioner Vollmer and Acting Mayor, MacNab, those voting No, none. Commission Resolution No. 1977 - SID 585 - Fix date, maturity date & amount Paving East Lamme between Broadway & Wallace The City Manager presented Commission Resolution No. 1977 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 585, entitled: COMMISSION RESOLUTION NO. 1977 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 IM- PROVEMENT DISTRICT NO. 585. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Res- olution No. 1977 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor MacNab, those voting No, none. Consideration of - one 3/4 ton van-type vehicle for Engineering Dept. one 4-door sedan automobile for Building Inspector The City Manager recommended that both the bid for the one 3/4 ton van-type vehicle for the Engineering Department and the one 4-door sedan for the Building Inspector be rejected. I The City Manager recommended that the specification be re-written to ask for 1979 models and that the specifications declare non-franchised dealers ineligible. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bid for the 3/4 ton van- type vehicle and the 4-door sedan be rejected. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson,Commissioner Vandeventer and Acting Mayor MacNab, those voting No, none. Agreement - Amendment to Engineering Contract between Thomas, Dean & Hoskins and City of Bozeman, re - tertiary treatment facility Amendment No. 4 to the Engineering Contract Agreement between the City of Bozeman and Thomas, ~_._-----~ ,'57 Dean & Hoskins, Inc., was presented. Following disucssion, it was moved by Commissioner Swanson, seconded by Commissioner Van- deventer, that the Commission concur with the recommendation of the City Manager and approve Amendment No. 4 to the Engineering Contract Agreement between the City of Bozeman and Thomas, Dean & Hoskins, Inc. The motion was carried by the following Aye and No vote, those voting I Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Request for Vacation - Land reserved for W. Beall between 10th and 11th Avenue A letter received from onwers of property lying between North Tenth and North Eleventh Avenue, for what might be considered a continuation of West Beall Street, petitioning the City of Bozeman to vacate said street was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission acknowledge receipt of the petition and the City staff be instructed to evaluate the request and return to the Commission with a recommendation. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. Easement Agreement - Construct water lines Lot 1, Blk 1, Durston's Second An Easement and Right-of-Way Agreement by and between Roger B. Hougen and the City of Bozeman for the purpose of constructing and installing water lines and necessary appurtenances thereto upon and across the East 10 feet of Lot 7, Block 1, Durston's Second Subdivision, and for the construction of sanitary sewer services on the West 10 feet of Lot 7, Block 1, Durston's Second Subdivision, was presented. Upon concurrence of the City Engineer, also concurred in by the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Easement and Right-of-Way Agreement, having been executed by Roger B. Hougen, be approved and the Acting Mayor and Clerk I of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote, those voting Aye, being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor, MacNab, those voting No, none. Call for Bids - Bituminous Plant Mix for Street Dept. - Open Bids May 31 The Street Department has need for 42,000 pounds of Bituminous Plant Mix and the City Manager requested authorization to call for bids for the purchase of the Bituminous Plant Mix. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the pur- chase of the Bituminous Plant Mix be authorized, and the Clerk of the Commission be authorized and directed to issue a "Call for Bids" for the purchase, to be opened on May 31, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Acting Mayor, MacNab, those voting No, none. Greg Morgan ~ Request interpretation of Zoning Code regarding Country Clubs A letter received from Greg Morgan, requesting an interpretation of the Zoning Code, was presented. Mr. Morgan was present to explain his reason for wanting the interpretation and to answer any questions that might arise. The City Attorney requested that action be delayed for a metter of one week to give him a chance to look it over and study the interpretation of the Zoning Code. The Acting Mayor thanked Mr. Morgan for coming and explaining the request for the interpre- I tation of the Zoning Code regarding Country Clubs. Joel Shouse - Re Blue of the Big Sky Country Areawide Planning Organization Joel Shouse, Project Director for Blue Ribbons of the Big Sky Country appeared before the Commission to explain the Co-op Agreement. The Blue Ribbons budget for the year - July 1, 1978 to June 30, 1979 is $26,000. Of this amount 75% will be provided by a continuing grant from the Environmental Protection Agency and the remaining 25% or $6,500.00 will be contributed by the Blue Ribbons sponsors. Blue Ribbons Administrative Board considered various menas of allocating this local share and developed the following schedule. Gallatin County $4,000 Madison County 1,300 -----. ~ -- ~~_._-~-_._-~._~ -----"-"-'"'------- - -- - -~._- - -- --.. ---- '458 City of Bozeman $ 500 Town of Ennis 100 Town of Belgrade 100 Town of Manhattan 100 Town of Three Forks 100 City of West Yellowstone 100 Gallatin Conservation District 100 Madison Conservation District 100 I $6,500 The City Attorney looked the Co-op Agreement over and found nothing wrong. Mr. Shouse stated his reason for appearing before the Commission was to get some feed back. He explained that his group meets next week and he would like any comments that the Commission might have at that time. The Acting Mayor thanked Mr. Shouse for his presentation and said the Commission would support Blue Ribbons of the Big Sky Country Areawide Planning Organization. Raffle License Application - Kappa Kappa Psi - May 20 The City Manager presented an application from Kappa Kappa Psi along with the appropriate fee for the purpose of holding a raffle on May 20. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license for Kappa Kappa Psi. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab. Proclamation - 7-13 May, 1978 - Kind to Animal Week In accordance with the Humane Society, Acting Mayor MacNab proclaimed the week of May 7-l3 as "Be Kind to Animals Week", and urged all our Citizens in the City of Bozeman to participate in all the events related thereto. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission endorse the Acting Mayor's proclamation and the motion was carried by the follow- I ing Aye and No vote, those voting Aye being, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. Claims for April The payroll claims and the general claims for the month of April were presented. The City Manager had checked the claims and found them to be true and lawful claims aganst the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Vollmer, seconded by Commissionr Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, MacNab. The City Manager presented a claim from Edsall Construction for partial payment No. 2 for the construction of the Senior Social Center. The City manager had checked the claims and found it to be a true and lawful claim against the City of Bozeman. It was moved by CommissionerSwanson, seconded by Commissioner Vandeventer, that the claim be approved and the Director of Finance be instructed to issue a warrant in payment thereof. The motion was carried by the following Aye and No vote, those voting Aye being, Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab. Reports The following reports were presented: Building Inspector I Police Court The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the re- ports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No,none. MSU Rodeo Club - Permission to place National College Rodeo Finals Banner across Main Street June 15 - 25 '459 A letter received from the MSU Rodeo Club requesting permission to place a banner across Main Street, from June 15 to June 25, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the MSU Rodeo Club be granted permission to place the banner across Main Street and that a deposit of $25.00 would be required, which would be returned to the organization if the banner is removed within I the specified time. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor, MacNab, those voting No, none. Contract Documents for Execution - SID No's 581, 584 & 585 The Contract Documents for the construction of paving in SID No's 581, 584 & 585, prepared by Thomas, Dean & Hoskins, Inc., were presented. The City Manager recommended that the Contract Documents in the amount of $425,987.00 as submitted by Long Construction be approved. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the contract documents be approved and the Acting Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Long Construction be authorized and directed to proceed with the construction of SID's 581, 584 and 585 and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeing be adjourned, and the motion was carried by the following Aye and No vote; those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Acting Mayor, MacNab, those voting No, none. I ATTEST: t:?-tc~ 1/ ERNA V. HARDING, CLERK OF CITY COMMISSION I