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HomeMy WebLinkAbout1981-10-28 1J~ F MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 28, 1981 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, October 28, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Stiff was excused in compliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Math re. The minutes of the regular meeting of October 21, 1981, were approved as submitted. Decision - Commission Resolution No. 2351 - I ntent to create SID No. 638 - Sanitary sewer - East of Jordan's (two property owners) This was the time and place set for a decision on the public hearing held on Commission Resolution No. 2351, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2351 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 I APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SAN IT ARY 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. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2351, establishing the intent to create Special Im- provement District No. 638, for sanitary sewer to a parcel of land located east of Jordan's on East Main Street, and that the City Attorney be instructed to prepare a Commission Resolution creating said Special Improvement District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Decision - Commission Resolution No. 2352 - Intent to create SID No. 639 - Water, sanitar sewer and paving - roadway between addellls and idland Truckin (North Rouse) - Joe and Dan e ena This was the time and place set for a decision on the public hearing held on Commission Resolution No. 2352, as prepared by the City Attorney, entitled: I 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 119 WYES AND APPURTENANCES 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 CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. I 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 APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2352, establishing the intent to create Special Improvement District No. 639, for water, sanitary sewer and paving on Platinum Street, as requested by Joe and Dan Sebena, and that the City Attorney be instructed to prepare a Commission Resolution creating said Special Improvement District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Commission Resolution No. 2358 - Montana Bank Industrial Development Revenue Bonds City Manager Evans presented Commission Resolution No. 2358, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2358 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE ISSUANCE AND SALE OF $3,300,000.00 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (BOZEMAN BANCORPORA TION, INC., PROJECT) SERI ES 1981 OF THE CITY OF BOZEMAN, MONTANA; AUTHORIZING EXECUTION OF AN I NDENTURE OF TRUST, LOAN AGREEMENT AND BOND PURCHASE AGREE- MENT, ALL RELATING TO SAID SERIES 1981 BONDS; AND AUTHORIZING AND APPROVING AN OFFICIAL STATEMENT RELATING TO SAID SERIES 1981 BONDS. City Manager Evans stated that this Commission Resolution is the final approval for the sale of $3.3 million in Industrial Development Revenue Bonds for the Montana Bank. The City Manager stated that the initial Commission Resolutions and procedures had been done in 1979; and the Montana Bank had requested that the matter be placed in a "hold" status until the present time. They now desire to sell the bonds and begin construction of a new bui Iding. Commissioner Swanson stated that he would abstain from the voting due to his involve- ment with this project. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2358, approving the issuance and sale of $3.3 million aggregate principal amount of Industrial Development Revenue Bonds for Bozeman Bancorporation, Inc., and that the City Attorney have the final approval of all documents I prepared up to the final closing of the bond sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No, none; Commissioner Swanson abstained. 1'1 (', '" :, ~ _. A.'_ ,.. Request - Downtown Merchants Association - Christmas Tree Decorating Contest - November 27, 1981 City Manager Evans presented to the Commission a request on behalf of the Downtown Merchants Association for permission to conduct a Christmas Tree Decorating Contest to be held on November 27, 1981. The City Manager recommended approval of this request. Commissioner Vollmer stated concern about the trees staying fresh for the length of I time involved. Mr. Sam Wagner, one of the Downtown Merchants, stated that the trees tend to hold their color and stay fresh longer when they are outside. Mr. Wagner then stated that the Downtown Merchants Association will donate these trees to the needy. Mayor MacNab expressed concern about the branches overhanging into the parking area. Mr. Sam Wagner stated that the maximum tree height will be four feet, with a maximum trunk diameter of two inches. He stated that the branches should not extend more than six- teen inches and therefore should create no problem. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request of the Downtown Merchants Association for permission to conduct a Christmas Tree Decorating Contest to be held on November 27, 1981. T he mot ion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Staff Report - Amendment to the Montana Code relating to Subdividing and Delinquent Taxes I City Manager Evans stated that a bill passed during the past Legislative Session, with an effective date of October 1, 1981, precludes the filing of final plats for subdivisions if there are any real property taxes in arrears by the developer. All final plats must now ob- tain the County Treasurer's signature, verifying that the developer has no delinquent real estate property taxes. The City Manager noted that this bill deals with the real property taxes only, and not the Special Improvement District assessments which the City levies. Authorize Mayor to sign - Contract Documents for SID Nos. 634 and 635 City Manager Evans presented to the Commission the Contract Documents for Special Improvement District No. 634, sanitary sewer main on West Main Street, and Special Improve- ment District No. 635, sanitary sewer lateral on West Main Street. The City Manager recom- mended that the Commission authorize the Mayor to sign these Contract Documents. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Contract Documents for Special Improvement I District Nos. 634 and 635. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 121 Claims Claims for the past two weeks were presented. The City Manager 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 Mathre, seconded by Commissioner Vollmer, that the I claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Appl ication for Raffle License - Fraternal Order of Eagles - December 30, 1981 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 for a raffle to be held on December 30, 1981. To be raffled are a clock and a ceramic Christmas tree valued at approximately $50.00. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson I that the Commission approve the application for a raffle license on behalf of the Fraternal Order of Eagles for a raffle to be held on December 30, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Mathre and Mayor MacNab; those voting No, none. I Acknowledge report - Police Court for September 1981 City Manager Evans stated that the monthly report for the Police Court for September 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Swanson I seconded by Commissioner Mathre, that the Commission acknowledge the monthly report of the Police Court for 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 Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. File 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 and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the quarterly report of the Fire Department for the period July-September 1981 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. I nformation Item - Receipt of $35.00 from First Lutheran Church for Legal Defense Fund City Manager Evans stated that the City of Bozeman has received a check for $35.00 1 0'-) I iA. ,(. from the First Lutheran Church for the Legal Defense Fund. The City Manager recommended that the Commission acknowledge receipt of the $35.00 and express its appreciation for this donation. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge the receipt of a check for $35.00 from the First Lutheran Church for the City of Bozeman Legal Defense Fund, and that the City Manager be instructed to write a I letter of appreciation on behalf of the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Discussion ~ re Legislative Proposal City Manager Evans stated that he and Commissioner Mathre have discussed the remote possibility of the Legislature opening up the special session to new requests from local governments for consideration. The City Manager stated that the League of Cities and Towns does not feel that the Legislature will open the session; but the cities should be prepared for the possibility. He further stated that one significant item is the possible increase of the delinquent fee charged for Special Improvement Districts, so that the fee is a realistic one that wi II encourage people to pay their taxes. At the present time I the penalties for non- payment are not significant. People can invest their money and let the taxes go delinquent, and gain money because of the interest rates. Commissioner Mathre proposed a meeting between the City Commissioners and the local I legislators, with the possibility of inviting the County Commissioners. Commissioner Mathre recommended that the meeting be held on Friday of this week, at a noon no-host luncheon. Commissioner Mathre further stated that, if the City waits until the next Legislative Session, to be held in 1983, it will probably be two years before anything can be done. She feels that the local legislators need to be impressed with the knowledge that the City needs approval of such a bill. Director of Finance Amy Swan stated that approximately 30 percent of last year's Special Improvement District taxes have not been paid. She stated that she wi II have a total dollar figure for the meeting on Friday. Mayor MacNab requested that the Staff obtain a meeting room at the Ramada I nn I or the Holiday Inn if that is not possible, and arrange for a noon no-host luncheon to be held on Friday. Discussion - re traffic lights on West Main from Fifteenth Avenue West Commissioner Mathre noted the traffic flow problem on West Main Street, particularly near the Main Mall. She asked if the City could place traffic signals at the intersection of I Main Street and College Street; or if the City could encourage the State Highway Department to place the traffic signals at the intersection. Concern was also voiced by the Commissioners about the intersections of Main Street and Fifteenth Avenue, and Main Street and Nineteenth Avenue after North Nineteenth Avenue is paved. 123 City Manager Evans stated that the City Commission could adopt a Commission Resolution requesting that the State Highway Department consider the placement of more traffic signals on West Main. Mayor MacNab instructed the City Staff to further research the matter and prepare a Commission Resolution requesting the placement of more traffic signals on West Main Street. I Adjournment -1 :45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: I ROB I N L. SU LLlV AN Clerk of the Commission I --.-