Loading...
HomeMy WebLinkAbout1981-10-21 1.1'-' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 21, 1981 ********************** 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. 111 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. , 1 .~ ," , - ...,..... ",",. 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. 113 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. 1 "' ! j -,j." ~ 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 115 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 112 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- 117 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. er 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