HomeMy WebLinkAbout1981-10-21
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 21, 1981
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, October 21,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner I
Vollmer, Commissioner Stiff, Commissioner Mathre, City Manager Evans, Assistant City Manager
Barrick, City Attorney Planalp and the Clerk. Commissioner Swanson was excused in compli-
ance with Section 7-3-4349, M.C.A.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Stiff.
The minutes of the regular meeting of October 14, 1981 were approved as corrected.
Consider bids - Sludge I njection Equipment - Wastewater Treatment Plant
City Manager Evans presented the recommendation as prepared by the City's consulting
engineer, Thomas, Dean and Hoskins, Inc., that the award for the Sludge Injection Equipment
for the Wastewater Treatment Plant be made to Rickel Manufacturing Corporation, Salina,
Kansas, in the bid amount of $114,977.00., contingent upon approva I from EPA. The City
Manager concurred in the recommendation of the consulting engineers.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com-
mission award the bid for the Sludge I njection Equipment for the Wastewater Treatment Plant I
to Rickel Manufacturing Corporation, Salina, Kansas, in the bid amount of $114,977.00, con-
tingent upon approval from EPA. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and
Mayor MacNab; those voting No, none.
Decision - Commission Resolution No. 2353 - Garbage Assessments
This was the time and place set for a decision on Commission Resolution No. 2353, as
prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2353
A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO
BE THE INTENTION OF THE CITY OF BOZEMAN TO INCREASE RESIDENTIAL
GARBAGE RATES AND LANDFI LL FEES TO THE RESIDENTS OF THE CITY OF
BOZEMAN AND USERS OF THE CITY OF BOZEMAN'S LANDFI LL.
City Manager Evans stated that the publ ic hearing was held last week on Commission
Resolution No. 2353, and recommended that the Commission adopt this Resolution.
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com-
mission adopt Commission Resolution No. 2353, declaring the intention of the City of Bozeman
to increase the residential garbage rates and landfill fees. The motion carried by the I
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre,
Commissioner Vollmer and Mayor MacNab; those voting No, none.
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Public hearing ~ Commission Resolution No. 2351 - Intent to create SID No. 638 - sanitary
sewer - East of Jordan's (2 property owners)
Resolution
This was the time and place set for a public hearing on Commission/No. 2351, as
prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2351
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING
PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AS EIGHT
(8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON
EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS
SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL,
INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS,
MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO.
Mayor MacNab opened the public hearing.
No one was present to speak in support of or in opposition to Commission Resolution
No. 2351, declaring the intent to create Special Improvement District No. 638, for sanitary
sewer on a parcel of land located east of Jordan's.
Mayor MacNab closed the public hearing. A decision wi II be forthcoming in one week.
Public hearing - Commission Resolution No. 2352 - I ntent to create SI D No. 639 - water,
sanitary sewer and pavin - roadway between Waddell's and Midland Truckin ( North Rouse) -
oe and an e ena
This was the time and place set for a public hearing on Commission Resolution No.
I 2352, as prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2352
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL
IMPROVEMENT DISTRICT NO. 639 FOR THE PURPOSE OF CONSTRUCTION
AND INSTALLATION OF A WATERMAIN, SANITARY SEWER WYES AND APPUR-
TENANCES AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND
APPURTENANCES TO PLATINUM STREET, FIFTEEN (15) SANITARY SEWER
WYES IN THE SAME AREA, AND SERVICE STUBS TO THE PROPERTY LINES,
AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL
CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL
IN THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY
SEWER WYES AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATERMAIN, VALVES,
FITTINGS, HYDRANTS, SANITARY SEWER WYES, SERVICE LINE STUBS,
PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER
NECESSARY APPURTENENCES.
City Manager Evans presented to the Commission a letter submitted by Mr. Joe Sebena
requesting that Special Improvement District No. 639 be created, and then placed in a "hold"
status for a period of time. The letter further states that the work on the proposed SI D
I would be completed within the two-year limit provided.
Mayor MacNab opened the public hearing.
No one was present to speak in support of or in opposition to Commission Resolution
No. 2352, declaring the intent to create Special Improvement District No. 639, for water,
sanitary sewer and paving on a roadway between Waddell's and Midland Trucking (North
Rouse), more commonly known as Platinum Subdivision.
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Mayor MacNab closed the public hearing. A decision wi II be forthcoming in one week.
Request - Downtown Development Association - $10,000.00 loan for Downtown Urban Renewal
District
City Manager Evans presented to the Commission a request on behalf of the Downtown
Development Association for a $10,000.00 loan for Downtown Urban Renewal District. The I
City Manager stated that the request has now been presented as an application for HUD
money in the amount of $10,000.00 to assist in financing of an Urban Renewal District for the
downtown area. The City Manager presented a written proposal from the Downtown Development
Association to the Commission.
Mr. Jim Bangs, Vice President of the Downtown Development Association, presented
the proposal to the City Commission. This proposal, in part, requests that the City
Commission conduct a public hearing on either December 21, 22 or 23, 1981 and, if approved,
that the Commission adopt an ordinance prior to December 31, 1981.
Mayor MacNab stated that there is a 30-day period following the adoption of an
ordinance or resolution before it becomes effective.
City Attorney Planalp stated that he and Larry Gallagher, the consultant for the
Downtown Development Association, have discussed the matter. The Attorney stated that the
ordinance could be passed and left at that for the present time.
Commissioner Vollmer stated that the City would just be the agent for the Downtown
Development Association to H UD.
City Manager Evans stated that the orginal grant is to the City of Bozeman. HUD has I
stated that they would approve the proposed amendment to the grant, provided that the
money is used for planning purposes for this program. The City Manager further stated that
he feels that there wi II be $10,000.00 residue in the Grant; however, there is no guarantee.
City Manager Evans recommended that the City Commission authorize the Staff to prepare an
amendment for submittal to HUD for the use in the planning of the proposed Urban Renewal
District.
Commissioner Mathre asked if any public hearings will be required for this amendment.
City Manager Evans stated that there is a public hearing requirement for all amendments
to the CDBG program. He further noted that the Grant must be expended by December 18,
1981 .
Commissioner Stiff asked how much money is available at the present time in the CDBG
Fund.
Mrs. Barbara Agocs, Grants Administrator, stated that the Fund has an approximate
balance of $80,000.00. Approximately $35,000.00 of th is is obligated for the renovation of the
two structures recently purchased for the Reach, Inc., and the Battered Women's Network I
shelter. Also, salaries and administrative charges must be deducted from this balance. Mrs.
Agocs stated that, if no unforeseen expenses arise, the Fund should be able to give a
$10,000.00 Grant amendment to the Downtown Development Association for the purpose of
planning an Urban Renewal District. She would, however, prefer a clause in the amendment
stating that, if the total $10,000.00 is not available in the Grant, that the money be
considered as a loan, rather than as a grant.
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It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the
Commission authorize the submittal of a $10,000.00 amendment to HUD for the planning of a
proposed Urban Renewal District for the downtown area of the city, and that if the $10,000.00
is not available in the Grant, that it be considered as a loan which must be repaid as soon as
possible. The motion carried by the following Aye and No vote: those voting Aye being
I Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those
voting No, none.
report - Petition for creation of SID's - Valle Unit No.1, Phases II and III - Valley
orporation
City Manager Evans requested that this matter be deferred until such time as a full
City Commission is present.
Mayor MacNab continued this item until the November 10, 1981, City Commission meeting.
Ordinance No. 1084 - Provisional adoption of National Electrical Code, 1981 Edition - Public
hearing, November 10, 1981
City Manager Evans presented Ordinance No. 1084, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1084
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR
THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, REQUIRING A
PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF
ELECTRICAL WIRING, CREATING AN ADMINISTRATIVE OFFICE, DEFINING
I CERTAIN TERMS, ESTABLISHING MINIMUM REGULATIONS FOR THE IN-
STALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND THE
INSPECTION THEREOF, PROVIDING PENAL TIES FOR ITS VIOLATION AND
REPEALING ORDINANCE NO. 1009 AND ALL OTHER ORDINANCES OR PARTS
THEREOF OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH.
City Manager Evans stated that there are substantial increases proposed in the inspec-
tion fees. If the proposed Ordinance is adopted, the fees charged by the City of Bozeman
would be identical to those charged by the State. The State does all inspections which fall
outside of the City of Bozeman's jurisdictional area. The City Manager further stated that
the proposed fees should be considered in the adoption of the Ordinance.
Gene Yde, Building Official, stated that the fee increases will be 200 percent to 225
percent above what they are at the present time. He feels that the City should attempt to
maintain its fees at approximately the same level as the State. He stated that the City needs
to adopt the "National Electrical Code," 1981 Edition, and feels that now is the time to also
adopt a new fee schedule.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1084, which would adopt the II National Electrical
Code, II 1981 Edition by reference, and would provide for a change in the fee structure for
I City of Bozeman Electrical Permits, and set the public hearing date for November 10, 1981.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none.
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Commission Resolution No. 2356 - Charging 5% Special Improvement Revolving Fund Fee
on all newly created SID's
City Manager Evans presented Commission Resolution No. 2356, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2356
A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FUNDS I
FOR THE SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND BY RE-
QUIRING FIVE (5) PERCENT OF THE IMPROVEMENT COST TO BE AN
INITIAL INCIDENTAL EXPENSE TO BE DEPOSITED IN THE REVOLVING
FUND.
Mayor MacNab asked if this matter should be deferred until a full Commission is present.
City Manager Evans stated that the last Legislative session authorized the cities to
assess a 5 percent charge on all newly created SID's, to be placed in the SID Revolving
Fund. The City Manager recommended adoption of Commission Resolution No. 2356, and
further stated that passage of this Resolution could be deferred until a full Commission is
present.
Commissioner Mathre questioned the deferral of this matter because of timing. She
stated that two public hearings had been conducted earlier in the meeting. She also noted
the fact that a Resolution does not become effective until thirty days after its passage. She
feels that the Resolution should be adopted as soon as possible.
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com-
mission adopt Commission Resolution No. 2356, establishing an initial incidental 5 percent
Special Improvement Revolving Fund Fee on all newly created Special Improvement Districts.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner I
Stiff, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none.
Commission Resolution No. 2357 - Economic Growth Policy (final form, for Mayor's signature)
City Manager Evans presented Commission Resolution No. 2357, entitled:
COMMISSION RESOLUTION NO. 2357
A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AN
ECONOMIC GROWTH POLICY FOR THE CITY OF BOZEMAN IN COMPLIANCE
WITH THE BOZEMAN AREA MASTER PLAN.
City Manager Evans stated that this policy had been adopted by the Commission at last
week's meeting, and recommended that the Commission authorize the Mayor to sign this
Resolution in its final form.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the
Commission adopt Resolution No. 2357, establishing an economic growth policy for the City of
Bozeman in compliance with the Bozeman Area Master Plan. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer,
Commissioner Stiff and Mayor MacNab; those voting No, none.
Status report - Bids on vehicle storage building I
Assistant City Manager Barrick stated he had received a quote from W. D. Henderson
Construction, Rexburg, Idaho, and his financier, Mr. Pollard, in the amount of $2,888.00 per
month on a twenty-year contract. The proposed structure is a 100-foot by lOG-foot Pasco
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metal building. The City is required to prepare a pad of four inches of gravel, blue topped,
for the bui Iding. The Assistant City Manager stated that this is well within the $3,000.00 per
month figure originally set by the Staff. Mr. Pollard has made an additional offer to the City
that, after five years, at such time as the City has sufficient money to purchase the building,
it may do so after a certain number of months notice. The Assistant City Manager stated
I that the interest rate has not been discussed at this time.
The City Manager recommended that the Commission authorize the Staff to proceed to
negotiate a contract which is agreeable to both the builder and the City of Bozeman. He
further stated that if, at some time in the future, the City desires to expand the bui Iding, a
Sixty-foot extension could be added with little problem.
The City Manager also stated that the old bui Iding which is standing near the New
Public Library must be left there until the new building is installed. Also, it may be nec-
essary to provide gas and electricity to the Old Shop Buildings located at the Old Sewage
Treatment Plant site so that the hydraulic equipment can be in warm storage, until the new
bui Iding is ready.
Commissioner Mathre asked if the proposed building will house all of the equipment it
needs to.
City Manager Evans stated that it would not. The hydraulic equipment can be accom-
modated, but not the rest of the vehicles.
The City Manager further stated that the old frame bui Iding located at the New City
I Shops will be torn down and the new building placed on that site. Also, after the new bui Id-
ing is constructed, the Old City Shop building located by the New Public Library will be torn
down. This was part of the agreement when the New Public Library was built, to provide
additional parking for the Library and for City Hall employees.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the
Commission authorize and direct the City Staff to proceed with the negotiation of a contract
with W. D. Henderson Construction, Rexburg, Idaho, for the construction of a 100-foot by
100-foot metal building for vehicle storage, to be located at the New City Shop site. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none.
Budget Amendment - to cover $28,380 audit claim from Local Government Services Division,
State of Montana
City Manager Evans presented to the Commission a Budget Amendment, as prepared by
the Director of Finance, for $28,380.00 to pay the additional costs for the audit performed by
the Local Government Services Division, State of Montana. The City Manager recommended
that the Commission authorize the Mayor to sign this Budget Amendment.
I Commissioner Stiff noted a concern that the City may be overpaying the State for the
audit performed for the period of July 1, 1976 through June 30, 1978 and requested that the
Staff research the matter prior to payment of the claim.
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the
Commission adopt the Budget Amendment and authorize the Mayor to sign. The motion
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carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none.
Authorize call for bids - Sanitation Division - Used track-type front end loader (presently
being leased at the Landfi II)
City Manager Evans presented to the Commission a request on behalf of the Sanitation I
Division for authorization to call for bids for one used track-type front end loader. The City
Manager stated that this track-type front end loader is presently being leased and is used at
the Landfill. Because of the fact that the cost is over $10,000.00, the City must call for bids
on a used piece of equipment that is equal to or better than the piece of equipment which the
City has been leasing. This is a budgeted item.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the
Commission authorize the call for bids for a used track-type front end loader for the Sanita-
tion Division. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those
voting No, none.
Authorize Mayor to sign - City of Bozeman/State of Montana Highway Department Agree-
ment - for signal maintenance for the 1981-82 Fiscal Year
City Manager Evans presented to the Commission an agreement for signal maintenance
for Fiscal Year 1981-82 between the City of Bozeman and the State of Montana Department of
Highways. The City Manager stated that this is an annual agreement, in which the State of I
Montana reimburses the City for the costs of maintaining the signals on State highways
through Bozeman. The City Manager recommended that the Commission authorize the Mayor to
sign this agreement.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the
Commission grant conditional authorization for the Mayor to sign the agreement for signal
maintenance for Fiscal Year 1981-82 between the City of Bozeman and State of Montana
Highway Department, pending research by the City Staff regarding the omission of the lights
located at Rouse and Mendenhall, Willson and Babcock and the Willson School zone lights.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none.
Authorize Mayor to si n - Paying A ency Agreement - First National Bank of St. Paul
for 1,460,000 G. . Library Bonds dated 7-1-80
City Manager Evans presented to the Commission a request to authorize the Mayor to
sign a Paying Agency Agreement between the First National Bank of St. Paul and the City of
Bozeman, Montana, for the $1,460,000.00 G.O. Library Bonds, dated July 1,1980. The City
Manager noted that the cover letter carried the date of January 14, 1980; the envelope I
carried the postage meter date of October 15, 1981; and the City received the letter and
Ag reement on October 19, 1981. The City Manager then recommended that the City Commis~
sion authorize the Mayor to sign the Paying Agency Agreement.
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com-
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mission authorize the Mayor to sign the Paying Agency Agreement between the First National
Bank of St. Paul and the City of Bozeman, Montana, for the $1,460,000.00 G.O. Library
Bonds dated July 1, 1980. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor
MacNab; those voting No, none.
I Discussion - City policy re conflict of interest
City Manager Evans requested that this item be withdrawn from the agenda since the
matter in question had been resolved prior to the City Commission meeting.
Report - Fire Department quarterly for July-September 1981
City Manager Evans stated that the quarterly report for the Fire Department for the
period of July-September 1981 appeared to be in order and recommended that it be accepted.
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It was moved by Commission/Mathre, seconded by Commissioner Vollmer, that the
Commission acknowledge the quarterly report of the Fire Department for the period of July-
September 1981 and that it be brought back to the Commission next week for filing. The
motion carried by the following Aye and No vote: those voting Aye being Commissio~7 Mathre,
Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none.
File report - B road Valleys Federation of Libraries for September 1981
I City Manager Evans stated that the report for Broad Valleys Federation of Libraries
for September 1981 appeared to be in order and recommended that it be accepted and ordered
filed.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the
report for Broad Valleys Federation of Libraries for September 1981 be accepted and ordered
filed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those
voting No, none.
Adjournment - 2:05 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stiff, seconded by Commissioner Mathre, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none.
I
DUNCAN S. MAC NAB
Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission