HomeMy WebLinkAbout1980-05-14
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Bozeman, Montana
May 14, 1980
The Commission of the City of Bozeman met in regular session in the Commission Room Munici-
pal Building, May 14, 1980, 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer,
Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney
,I Planalp, and the Clerk.
Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular
meeting held on Wednesday, May 7, 1980 were approved as submitted.
Open Construction Bids - SID No. 619 - Lea Avenue water main construction
This was the time and place set for opening bids for water main construction on Lea Avenue,
SID No. 619.
The affidavit of publ ication for the "Call for Bids" as advertised was presented.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be
opened and read. The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor
MacNab; those voting No, none.
The following Bids were then opened and read:
Dugdale Construction, Butte $33,439.50
Underground Construction, Bozeman 12,762.50
Wilson Utilities, Townsend 12,579.30
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred
to the consulting engineers, Thomas, Dean & Hoskins, Inc., for tabulation and a recommendation to
be made on Wednesday, May 21, 1980. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer,
and Mayor MacNab; those voting No, none.
I Request & Information - 2" asphaltic concrete hot mix overlay - test project Rouse Avenue - Babcock
to Main Street
Consulting Engineer Jim Cummings appeared before the City Commission in regard to the use
of fiber material, petromat or similar, over an existing road grade that would be shaped and
crowned. This would be covered by a 2" asphaltic concrete hot mix overlay. The test project would
be proposed for South Rouse Avenue from Babcock to Main Street.
The process would be as follows:
l. After Shaping use an emulsion prime coat (.4 gal/sq.yd.)
2. Then apply Petromat fabric which comes in 12-~1 x 300 LF roll. Roll the fabric
after the prime, followed by rubber tired rolling.
3. The placement of the asphaltic concrete mat and its subsequent rolling. It is
estimated to take 155~ tons of plant mix.
The conSUlting engineer advised the Commission that the above three items in the project will
cost somewhere between $7,000 to $7,200. He said this does not include patching and cleaning. Mr.
Cummings further advised the Commission that Mr. DiVoss with Phillips Fibers Corporation of Seattle
would come to the project site to assist the contractor in installation.
The Consulting Engineer advised the Commission that Thomas, Dean and Hoskins, Inc., will
write the specification on a gratis basis as an attempted aid to the City Street Department.
However, during the asphalt laydown, Mr. Cummings asked the City to consider payment of an hour-
ly rate for their inspection and quality control on the asphalt material.
The Commission concurred in the recommendation of the Consulting Engineer, also concurred
in by the City Attorney, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre,
I that the Commission endorse the trial project as proposed for South Rouse Avenue from Babcock to
Main Street. The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor
MacNab; those voting No, none.
Decision - Annexation - Barrick, et. al. - Commission Resolution No. 2167
The Barrick et. al. property annexation hearing was held on April 16,1980, and any action
was deferred for a period of at least twenty days, for comments for or against the proposed
annexation.
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There were no written protests on file, and no one appeared to protest verbally.
The City Manager advised the Commission that there were serious concerns voiced during the
pUblic hearing, regarding the traffic which would be generated by developments on these parcels,
on both Durston and Babcock. The City Manager said that although this is not an access, it
certainly involves roadways--particularly feeders and arterials and, therefore, recommended that
the decision on the Barrick, et. al. property annexation be deferred for a status report. I
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission
defer the decision for a period of three weeks for a status report. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer,
Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none.
Decision - Annexation - West Main Annexation (Bozeman Federal Credit Bureau and Gallatin Veter-
inary) - Commission Resolution No. 2169
The West Main property annexation hearing was held on April 23, 1980, and any action was
deferred for a period of at least twenty days, for comments for or against the proposed annexation.
There were no written protests on file, and no one appeared to protest verbally.
The City Manager advised the Commission that the two parcels are very small and will not
present either a drain or a burden on the water and sewer systems, and should be annexed with-
out any complications.
It was moved by Commissioner Vollmer seconded by Commissioner Stiff, that the Commission
approve the extension of the boundaries of the City of Bozeman to include the West Main Annexa-
tion, and instruct the City Attorney to draw up an ordinance to be brought in for action on
Wednesday, May 21, 1980. The motion was carried by the fOllowing Aye and No vote: those voting
Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre,
and Mayor MacNab; those voting No, none.
Joe Sabol - Waiver of Protest Agreement - Durston Road to the east corner of intersection -
Ferguson Lane
A Waiver of Protest of Annexation Agreement by and between the City of Bozeman and Virgil 1
E. Jahnke and Phyllis Jahnke of American Falls, Idaho was presented.
Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson,
that the Commission approve the Waiver of Protest Agreement with the following conditions sub-
ject to approval by the City Engineer and the City Attorney:
l. That the real property described in attached Exhibit "A" has been rezoned from
an Agricultural-Suburban Zoning District to a Residential-Office Zoning Dis-
trict.
2. That the Party of the Second Part, in consideration for said rezoning agrees, and
does hereby, waive protest of annexation to the City of Bozeman of all of the
real property described in attached Exhibit 'IA", and the whole of it now, or in
the future.
3. It is further agreed and understood by and between the Party of the First Part
and the Party of the Second Part that the Party of the Second Part shall hereafter
have the right to connect the real property described in attached Exhibit "All,
and any and all improvements located thereon to the sanitary sewer facility ser-
vices of the City of Bozeman, Montana, not withstanding the fact, however, that
all costs, fees and other charges associated therewith shall be paid by the Party
of the Second Part or their heirs, assigns, successors in interest.
It is understood and agreed by and between the parties hereto that this Agreement
shall be binding upon the successors and assigns of the First Party and upon the
heirs, executors, administrators, successors and assigns of the Second Party.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those
voting No, none. I
Commission Resolution No. 2190 - Bozeman Area Subdivision Regulations Amendment - change fee
structure
Commission Resolution No. 2190, amending Section 15 of the City/County Planning Area Sub-
division Regulations as prepared by the City Attorney was presented, entitled:
COMMISSION RESOLUTION NO. 2190
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, AMENDING SECTION
15 OF THE CITY/COUNTY PLANNING AREA SUBDIVISION REGULATIONS.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
That Section 15 of the City/County Planning Area Subdivision Regulations is here-
by amended to read as follows:
15.5-1 PREAPPLICATIONS. Amount paid upon submission of a preapplication
1 plat: $100.00 pl us~l. 00 per 1 at.
15.5-2 REGULAR SUBDIVISIONS.
15.5-2 (a) Amount paid upon submission of preliminary plat:
$200.00 plus the following:
Number of lots
1 - 100 lots: $2.00 per lot
Over 100 lots: $200.00 plus $1.00 per lot for each
lot in excess of 100, plus $2.00 per
lot for each lot less than 101
15.5-2 (b) Amount paid upon submission of final plat: $50.00
minimum, plus $1.00 per lot.
15.5-3 (a) SUBDIVISION WITH MINOR SUBDIVISION APPROVAL. (Includes
amended plats with less than six (6) lots. Amount paid
upon submission of preliminary plat - $100.00 plus $2.00
per lot.
15.5-3 (b) Amount paid upon submission of final plat. $40.00 mini-
mum, plus $1.00 per lot.
15.5-4 CORRECTION PLATS AND SURVEYS. Plats and surveys to be filed for the
purpose of correcting discrepancies in previously filed plats or for
mortgage purposes - no fee.
Section 2
That save for the portions of Section 15 that were amended, the remainder of Section 15 is
confirmed, ratified and remains in full force and effect.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
1 and stated session of the City Commission, held on the 14th day of May, 1980.
It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission
pass and adopt Commission Resolution No. 2190 amending section 15 of the City/County Planning
Area Subdivision. The motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and
Mayor MacNab; those voting No, none.
Commission Resolution No. 2188 - Authorize notice of Library Bond Sale - June 18, 1980
Commission Resolution No. 2188, providing for the issuance and sale of its General Obligation
Library Building Bonds in the principal amount of $1,460,000 as prepared by Loren Harkness, Attorney
at Law, was presented, entitled:
COMMISSION RESOLUTION NO. 2188
PROVIDING FOR THE ISSUANCE AND SALE BY THE CITY OF BOZEMAN, MONTANA,
OF ITS GENERAL OBLIGATION LIBRARY BUILDING BONDS, SERIES 1980, IN THE
PRINCIPAL AMOUNT OF $1,460,000.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Reso-
lution No. 2188 be passed and adopted and the date of the Bond Sale be set for Wednesday, June
18, 1980, at 1:15 o'clock p.m. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner
Mathre, and Mayor MacNab; those voting No, none.
1 Commission Resolution No. 2189 - Fixing maturity date & amount of Bonds - SID 605
Commission Resolution No. 2189 fixing the date, maturity date and the principal amount of
bonds to be issued in Special Improvement District No. 605, was presented.
COMMISSION RESOLUTION NO. 2189
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
IMPROVEMENT DISTRICT NO. 605.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution
No. 2189 be passed and adopted. The motion was carried by the following Aye and No vote: those
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voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner
Vollmer, and Mayor MacNab; those voting No, none.
Proclamation - "Put God in Prison" May 17 - May 24
Mayor MacNab proclaimed May 17 through May 24, 1980 as "Put God in Prison" week in the
City of Bozeman and urged a 11 citi zens of the City of Bozeman and Ga 11 ati n County to support
this worthy program by participating in the drive for the construction of a non-denomin. ational 1
chapel.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission
endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis-
sioner Vollmer, and Mayor MacNab; those voting No, none.
Proclamation - "Poppy Days" May 23-24, 1980 - American Legion Auxiliary
Mayor MacNab proclaimed May 23-24, 1980 as "Poppy Days" in the City of Bozeman, and urged
every citizen to give generous recognition to this program and to obtain and wear a ~1emorial Red
Poppy on these days.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission
concur in the Mayor's procl amati on. The moti on was carri ed by the foll owi ng Aye and No vote:
those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis-
sioner Stiff, and Mayor MacNab; those voting No, none.
Claims
The general claims for the month of April, 1980 were presented. The City Manager had checked
the claims and found them to be true and lawful against the City of Bozeman and recommended they
be approved and the Director of Finance be instructed to issue the warrants in payment.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve
the claims as presented. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and 1
Mayor MacNab; those voting No, none.
Accept & file report of Building Inspector
The City Manager commented on the report of the Building Inspector and recommended it be
accepted and ordered filed.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report of the
Building Inspector be accepted and ordered filed. The motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson,
Commissioner Mathre, and Mayor MacNab; those voting No, none.
Report - Broad Valleys Federation of Libraries for April 1980
The report of the Broad Valleys Federation of Libraries for April 1980 was presented for
acknowledgement and filing on Wednesday, May 21, 1980.
Meeting recessed: 2:15 p.m.
All persons, other than the Mayor, the Commissioners, the City Manager, the City Attorney, and
the Clerk of the Commission were excused at 2:15 p.m., and the above went into an executive session.
Meeting reconvened: 2:35 p.m.
There being no further business to come before the executive session, the regular meeting
was reconvened.
Adjournment
There being no further business to come before the Commission at this time, it was moved
by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The 1
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Swanson, Commissioner Mathre, Commissioner Vol r, and May MacNab; those voting
No, none.
ATTEST:
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ERNA V. HARDIN , .
Clerk of the City Commission