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HomeMy WebLinkAbout1982-11-29 4,"":, {, ~. i MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 29, 1982 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 29, 1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, City Manager Evans, Assistant Manager I Barrick, City Attorney Planalp and Acting Clerk of the Commission Norman. Commissioner Mathre was excused in compliance with Section 7-3-4349, M. C. A. In order to represent the City of Bozeman at the National League of Cities and Towns Congress of Cities being held in Los Angeles, California. The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Stiff. Action on the minutes of the regular meetings of November 15 and November 22, 1982, was deferred pending the return of Clerk of the Commission Sullivan from extended sick leave. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Commissioner Weaver requested that an agenda Item be added for an update on the Legis- lative round table to be held on Tuesday, November 30, 1982, at the Elks Club. Open bids - installation of dehumidification units and wall insulation at the Swim Center This was the time and place set for the opening of bids for the installation of de- humidification units and wall insulation at the Swim Center. I The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. The following bids were then opened and read: Name of Bidder Amount of Bid Alternate #1 - Deduct J. R. Baker Construction Co. $83,536.00 $4,360.00 Robert A. Taylor Construction, Inc. $81,980.00 $3,700.00 Lutey Construction, The Craftsman $84,192.00 $3,720.00 Western Modu la r System, I nc. $90,393.00 $3,520.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to the City staff and architect for a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. City Manager Evans informed the Commission that only $49,000 had been budgeted for this item. He stated that since all the bids exceed the budgeted amount, there is a possibi- I Iity that this matter will have to go back to the drawing board. Award bids - Water improvements - Group I, transmission and supply lines; Group III, water filtration plant This was the time and place set for the awarding of the bids on the construction of 11-29-82 291 the water improvements, Group I, transmission and supply lines and Group II I, water filtra- tion plant. City Manager Evans stated that he concurred with the recommendation made by Thomas, Dean and Hoskins that the City award contracts as follows: Group I, Schedules I through II I: Johnston Excavating, Inc., 805 Blackmore Place, I Bozeman, Montana, for the bid amounts of: Schedule I $749,756.20 Schedule I I $ 84,956.70 Schedule III $ 91,600.00 Subtotal $926,312.90 Deduct: $ 10,000.00 Total $916,312.90 Group III Schedule I: Palmer Duncan Construction, P.O. Box 2326, Great Falls, Montana, for the bid amount of $1,137,306.00. City Manager Evans noted that Thomas, Dean and Hoskins recommended that the awarding of the following contract for Group III, Schedule I I, be delayed until the contractor has pro- vided equipment data verifying conformance with the specifications. Schedule II: Edsall Construction Company, Inc., P.O. Box 1147, Bozeman, Montana for the bid amount of $1,076,000.00. Commissioner Weaver asked If the bids recommended are the lowest possible bid for each contract. Doug Daniels, Thomas, Dean and Hoskins, replied In the affirmative. Mr. Daniels stated this was true when considering the deduct amount. I It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the that the bid for G roup I, Schedules I through I II, be awarded to Johnston Excavating, Inc., in the bid amounts of $749,756.20 for Schedule I; $84,956.70 for Schedule II; and $91,600.00 for Schedule II I; for a subtotal of $926,312.90 with a deduct amount of $10,000.00; for a total contract amount to Johnston Excavating of $916,312.90; that the bid for Group III, Schedule I, be awarded to Palmer Duncan Construction in the bid amount of $1,137,306.00; and that the awarding of the bid to Edsall Construction Company for Group I II, Schedule I I, be deferred until the contractor has provided equipment data verifying conformance with the specifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Proposed Commission Resolution - to commit City-owned land, providing funds are made available from the Legislature, for development of a State park City Manager Evans stated that Director of Public Service Holmes and Street Superin- tendent Gee had recommended that the total proposed 55 acres of land not be committed for a park. He stated they had recommended to him that approximately 14.8 acres be withheld from I the commitment to be used for snow storage, pipe stockpile and batch mixing. Mayor Stiff inquired whether the proposed use of the withheld land would be consistent with a wrap-around park. City Manager Evans stated that the use would not detract from a park of that size. Commissioner Weaver questioned whether that much acreage is needed for snow removal 11-29-82 r. '" storage. City Manager Evans pointed out that the land to be set aside would also be used for such things as storing gravel, mixing platform, street sweepings, in addition to snow storage. Commissioner Anderson asked whether any screening or landscaping is being proposed. City Manager Evans answered that aspect will be addressed by the State in the event a park is developed. I Commissioner Anderson also questioned whether the salt leaching from the snow removal storage would prohibit vegetation growth. She stated that she had noticed that the soil is that area appeared to be quite white. Assistant Manager Barrick responded that he has been informed that the salt leaching is not severe enough to affect plant life. Mr. Erhardt Hehn, Community Recreation Board, addressed the Commission and expressed his disapproval of the location of the land being proposed to be set aside for City use. He stated that the land being set aside separates the water body from the natural area and that it is like putting up a wall. He pointed out that Mr. Hash, who is willing to pass up the opportunity to develop this land, might not be willing to contribute his land to the State as park land with such a visual block. Mr. Glen Hash, adjacent property owner, addressed the Commission and informed them that he was opposed to the boundaries of the proposed land being set aside. He stated that in his opinion adequate land would still be available for stock piling and snow removal by running a diagonal from the corner in a northeasterly direction. He displayed a map to the Commission illustrating his proposal. I Commissioner Weaver asked whether the site of the old waste water treatment plant just easterly of Rouse could be used for snow storage. Director of Public Service Holmes answered that Clinton Gee had informed him that at one time the City had used the old treatment plant site for snow storage but the practice had been abandoned when his department received numerous complaints from the public. Mrs. Peg Hines, Community Recreation Board, addressed the Commission and suggested that the present landfill site be used for snow storage. Director of Public Service Holmes indicated that the site has been seeded and therefore it would not be desirable to place snow removal there. In addition, he stated that it would cost additional time and money to travel that distance. Commissioner Vant Hull stated that she has requested in the past a list of all City- owned land within the City. She stated that such a list would be helpful in this situation. She questioned whether such a list was available for the City's financial statement at the time of selling the Water Bonds. Director of Finance Swan answered that such a list was available for the financial statement but that it was a list containing legal descriptions and land value. Director of Finance Swan stated that in order for this list to be usable it needs to be con- I verted from "county language" to City addresses and that this will take some time. Commissioner Weaver noted that the City needs this type of park and that the conflict- ing views should be worked out to accomplish this commitment. City Manager Evans stated he was in agreement with Commissioner Weaver that this park would be an asset to the City and 11-29-82 293 he was confident that a compromise could be worked out. He further stated that he would rather have this land developed as a park than to have to maintain the areas as unimproved. Commissioner Weaver asked Mr. Hehn and Mrs. Hines if they would have any objections to the size of the land being proposed to be set aside if it was split in half by a diagonal line as proposed by Mr. Hash. Both Mr. Hehn and Mrs. Hines stated this proposal would be agreeable. I Commissioner Anderson Informed the Commission that she had talked to Mr. Dick Pohl, Montana State University, and he had Informed her that he would provide at no cost to the City either a graduate student or one of his senior students for the design work. Mrs. Hines informed the City Commission that December 1 is the deadline for submit- ting the application to the State for funds. She also noted that intensive lobbying should be anticipated in order to get the funds from the Legislature. Mayor Stiff inquired whether the old treatment plant site could be screened from public view and used for snow removal. He also inquired as to how much land is located at that site. Director of Public Service Holmes stated that the site contains approximately 8 acres, but that it is currently being used for the storage of equipment and materials. City Manager Evans stated that the pipe storage now located at the old landfill site could possibly be moved to the old treatment plant site. He noted that the value of a State park located within the community will be an asset to the City. He further noted that the old landfill site is ideal for park use and has great potential. Mayor Stiff inquired as to what the use of the land will be that is contiguous to the I proposed park. Mr. Hash informed him that the adjacent property is now zoned for Industrial use. He stated that he has an offer for the purchase of the land to develop a trailer park. He stated that he will not sell the land until the park development Is resolved. He stated that if the park is developed he would rather see the land remain as an industrial area. City Manager Evans recommended to the Commission that the proposed Resolution commit- ting this land for a State park be amended as follows: that the words "a portion" be deleted from Paragraph #2 and the words "approximately 47 acres" be substituted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt the proposed Resolution committing the land for use as a State park with the change of wording as recommended by City Manager Evans. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - permission to hang banner - Gallatin Council - Holiday Festival of the Arts - November 30 to December 5, 1982 City Manager Evans presented a request on behalf of the Gallatin Council to hang a banner across Main Street between Tracy and Willson for the period of November 30 to I December 5, 1982, for the Holiday Festival of Arts which is a benefit for the Bozeman Help Center. City Manager Evans recommended approval of this request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Gallatin Council to hang a banner across Main Street for the period November 30 to December 5, 1982, for the Holiday Festival of the Arts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. r, 4. .. Request - handicap parking sign - Belle Fisher, 308 South Tracy Avenue City Manager Evans presented a request to the Commission on behalf of Belle Fisher for a handicap parking sign to be placed in front of her residence at 308 South Tracy Avenue. He noted that Chief of Police Tate had recommended disapproval of this request. City Manager Evans stated that he would reluctantly not recommend approval of this request. Commissioner Vant Hull requested that action on this matter be deferred for one week I so that she could thoroughly review this matter. Mayor Stiff deferred action on this item. A decision will be forthcoming In one week. Discussion - selection of paying agent for $5 million 1982 Series Water System Revenue Bond . Issue - City Manager Evans noted to the Commission that Director of Finance Swan had contacted three local banks (First Trust Company, Montana Bank and Security Bank) and the Harris Bank in Chicago regarding this matter. He distributed to the Commission members copies of a memorandum from Director of Finance Swan regarding the proposals obtained from these banks. Director of Finance Swan informed the Commission that Security Bank had telephoned her office and had changed their bid to $3.00 per bond handling fee and $.25 per coupon handling fee. She stated that they informed her they were not interested in handling an Interest bearing account. Director of Finance Swan stated that after discussing with City Manager Evans each proposal from the respective banks, it was their mutual recommendation that the First Trust Company be selected as the paying agent in this matter. She stated that it was their desire I to keep the money locally and the First Trust Company's proposal appeared the most benefi- cia I. Director of Finance Swan stated that Montana Bank had indicated that the set up fee was negotiable but that the handling fees for the bonds and coupons were firm. Bill Webster, First Trust Company I addressed the Commission and answered their queries regarding the Company's proposal. Director of Finance Swan stated by her calculations that the City will exceed the annual minimum fee each year. Director of Finance Swan stated that Tuck Ganzenmuller, Boettcher & Company, had telephoned and informed her they were waiting for the City to select a paying agent before printing up the bonds. Mayor Stiff inquired If Boettcher & Company had recommended a paying agent. Director of Finance Swan stated that they had not. She stated that Tuck had been very noncommltal in this matter. Royal Johnson, investment man with First Trust Company, asked the Commission not to I restrict First Trust Company to short term investment funds but allow them to invest the money in the highest yielding return at the time of investment. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the First Trust Company as the paying agent for the $5 million 1982 Series Water System Revenue Bond issue with the stipulation that the First Trust Company furnish 11-29-82 295 the City written confirmation that the initial one-time set up charge will be $400.00; that the handling charge will be $10.00 per bond and $.15 per coupon; that the annual minimum annual fee will be $400.00; and that the assets shall be invested at the highest yielding of qualified securities as determined by the Trust Company. I Discussion - floating of additional Water Bonds in the amount of $250,000.00 to $275,000.00 City Manager Evans informed the Commission that after discussion with Mr. Thomas of Thomas, Dean and Hoskins, Great Falls, that it was determined that this floating of additional water bonds will not be allowed by the Public Service Commission. He stated that the City therefore does not have this option. Update - purchase of Milwaukee Railroad right-of-way - Church Street to Kagy Boulevard City Attorney Planalp stated that the City is days away from acquiring the right of way in question. He stated that the time of acquisition is conditional upon Judge Lessley's order. He noted that the City will purchase the 50 foot right of way from Church Street to Kagy Boulevard for approximately $10,000.00. He stated that a trustee to be named in Bozeman will receive the deed for that land. He stated that the City will pay the Trustee that pur- chase price; the City will receive from the Trustee the money totaling $10,100 coming from adjacent property owners who will purchase approximately 17! foot either side of the right of way. The City will retain a 15 foot corridor for development of a linear park. He requested I that the Commission authorize the City staff to write the necessary check, to appoint a Trustee to receive the deeds and to acqul re title to the land. He stated he anticipates no initial cost to the City. He stated that although the City will give the Trustee $10,100.00, the City will get the money back from proceeds of the sale to property owners. Commissioner Vant Hull inquired what the chances are that adjacent property owners will not want to purchase that right-of-way land. City Attorney Planalp stated that it could possibly happen. He stated that at the meeting of the property owners that this question had arisen and it was determined that if an adjacent owner does not desire to purchase the right- of-way property. that someone else will. It was moved by Commissioner Vant Hull. seconded by Commissioner Anderson, that the Commission authorize the City Manager and the City Attorney to move ahead with the acqui- sition of the Milwaukee Railroad right of way by making out the check for the amount of money to the designated Trustee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. I City Manager Evans presented to the Commission a request from the City-County Planning Board that a convenient meeting time be scheduled so that the City Commissioners and officials could meet with the City-County Planning Board and the County Commissioners for an exchange of information. Lunch time on the 6th or 8th of December had been suggested as possible meeting times. 11-29-82 "" ' I.., ,. f It was determined that neither of these dates would be convenient for the City Com- missioners as Commissioner Vant Hull and Commissioner Anderson both have noon classes. Commissioners Anderson and Vant Hull suggested either a meeting time on a Saturday morning or at 5:00 p.m. on a weekday. Commissioner Vant Hull suggested that the Planning Board be approached with a sack lunch meeting to be held at 5: 00 p. m. on December 7th. City Manager Evans stated that attempting to work out a convenient time is not in his I scope of duties. He stated he would refer this matter to John Moss, Planning Director, and allow him to address the Commission. Acknowledge receipt of Stormwater Master Plan for the City of Bozeman City Manager Evans presented the Stormwater Master Plan as prepared by Thomas, Dean and Hoskins, Inc., for the City of Bozeman. He noted that the prior Commission had committed the funds for this study. He stated that to date the City has not received any edicts from either the Federal or State Governments regarding this matter. City Manager Evans stated that he does anticipate that the City will be asked to develop such a plan, therefore, the plan is presented now so that the Commissioners can become more conversant with the plan. He noted that the proposed plan does have several options. He stated he feels the City should come up with ways of dealing with the future situation. He asked that the Commission acknowledge the receipt of this plan and that it be brought back at a future date as an agenda item. Commissioner Weaver noted that he has been researching the possibility of initiating I fees for connecting into existing water facilities in Bozeman. He stated that both Billings and Helena have adopted such practice. He noted that this does not directly relate to the Storm- water Master Plan but that he will prepare an executive summary on this matter and present It to the Commission at a future meeting. When questioned by Commissioner Vant Hull whether Public Service Commission approval is required for setting a connection fee, City Manager Evans stated that he was unsure. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission acknowledge the receipt of the Stormwater Master Plan and that it be brought back at a future meeting as an agenda item. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Update - Legislative Roundtable - November 30, 1982 Commissioner Weaver apologized to fellow Commission members for acts of omission and failure to act in a timely manner when arranging the Legislative Roundtable meeting at the Elks Club. He said representatives from District 10 and Gallatin, Park and Madison Counties I have been invited to attend. Commissioner Weaver stated that the intent of the meetina was _i to strengthen the rapport between the elected bodies. 11-29-82 297 Application for Raffle License - Fraternal Order of Eagles, Ladies' Auxiliary No. 326 - December 18, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Fraternal Order of Eagles, Ladies' Auxiliary No. 326, for a raffle to be held December 18, 1982. To be raffled Is an afghan valued at $50.00, I a ceramic Christmas tree valued at $40.00, and a purse and hat valued at $10.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Raffle License on behalf of the Fraternal Order of Eagles, Ladies' Auxiliary No. 326, for a raffle to be held December 18, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager stated he had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. I Adjournment - 6:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ~~~f<(~/~~~fs~;>n I 11-29-82