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HomeMy WebLinkAbout1980-10-22 14'1 Bozeman, Montana October 22, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 22, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, 1 Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, October 15, 1980 were approved as submitted. Open construction bids - SID No. 621 - San. Sewer Trunk - Valley Unit Subdivision SID No. 622 - Trunk Water - Valley Unit Subdivision SID No. 623 - Sanitary Sewer - Valley Unit Subdivision SID No. 624 - Water Main - Valley Unit Subdivision SID No. 625 - Paving - Valley Unit Subdivision The City Manager read a memorandum to the City Commission prior to opening construction bids for SID No. 621, 622, 623, 624, and 625. The City Manager said the $4.5 million special improvement district in the Valley Unit Subdivision could actually reduce the city taxes. The City Manager said the SID would contribute $190,000.00 in excess revenue to the 1980-1981 city budget. The City Manager further stated that the 1980-1981 budget lists $80,000.00 as a revenue to the General Fund, from special assessment charges. This is based on the antici- pated total of 6% charges levied against all SID's created during this fiscal year. The Valley Unit SID would produce $190,000.00 in excess of the $80,000.00 estimated in the new budget as revenue from all City SID's. If, as one alternative, that is split between building up the Revolving Fund and reducing the General Fund mill levy, then the development of that subdivision might be considered a boon to the General Fund, rather than a burden. Rather than having to levy an additional mill to increase the Revolving Fund to support SID's, the revenue from this single SID could contribute to an increase in the ReVOlving Fund, while actually 1 reducing taxes in the General Fund. The City Manager further stated that Bond buyers often suggested that the City has too r/ .' many small SID's. An SID of this magnitude could, however, be the extreme example of why larger SID's are more beneficial to the City of Bozeman. In this respect, the development of Valley Unit Subdivision SID's alone must be considered an asset, rather than a liability. The City Manager inquired if there were any bond buyers present to bid on the five SID's. The Clerk of the Commission advised the Commission that D. A. Davidson had presented good faith checks for the purchase of bonds for SID's 621, 622, 623, 624, and 625. The City Manager advised the Commission that this was the time and place set for opening bids for SID No. 621 - Sanitary Sewer Trunk construction, SID No. 622 - Trunk Water construction, SID No. 623 - Sanitary Sewer construction, SID No. 624 - Water Main construction, and SID No. 625 - Paving and Storm Drain construction, all in the Valley Unit Subdivision. The affidavit of publication for the "Call for Bids" as advertised was presented. The Commission concurred in the recommendation of the consulting engineer, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The bids for SID No. 621, 622, 623, 624, and 625 were then opened and read: SID 621 SID 622 SID 623 SID 624 SID 625 Barnard Constr. Co. Inc. Bozeman, MT $633,301.95 --- --- --- --- Beyer's Gen. Contractors $945,091.40 1,417,724.28 642,919.25 Sch I Butte, MT --- --- 1,584,772.50 Sch II 1 Big Sky Paving $1,490.544.55 Sch II Bozeman, Mt --- --- --- --- COP Construction Co. Bi 11 ings, MT $814,211. 00 488,063.00 910,120.00 908,964.00 776,534.00 Sch I D & J Pipeline Constr. Stevensvi 11 e, MT --- --- --- 648,990.45 --- ~-- - ------ Itt8 SID 621 SID 622 SID 623 SID 624 SID 625 Dugdale Constr. Co., Inc. Butte, MT --- --- --- --- $ 496,875.67 Sch I Empire Sand & Gravel Billings, MT --- --- --- --- $1,368,852.00 Sch II Jim Gilman Excavating I Butte, MT $441,867.00 306,532.50 459,809.00 604,788.00 421, 568.50 Sch I $1,350,962.50 Sch II Hilde Construction --- --- --- --- $1,198,098.50 Sch II Great Falls, MT Holm-Sutherland Co., Inc Bill i ngs, MT $713,505.25 429,090.85 --- --- 523,927.70 Sch I Hoven & Clause Partners Laurel, MT $658,364.50 287,330.70 689,933.40 534,074.50 526,894.70 Sch I Johnson Bros. Constr. Litchfield, MN $693,571.00 353,114.00 802,396.00 723,806.00 554,621.00 Sch I Johnston Excavating,Inc. Bozeman, MT $479,192.30 --- 445,772.75 471,876.50 --- Peter Kiewit & Sons Co. Billings, MT $667,379.00 412,200.22 992,313.00 716,101.41 588,217.00 Sch I 1,673,713.00 Sch II Lloyd C. Lockrem, Inc. Billings, MT $706,171. 89 436,996.24 723,814.23 716,952.96 529,583.35 Sch I Long Construction Bill i ngs, MT --- --- --- --- $ 412,566.20 Sch I $1,099,944.00 Sch II Meyer Construction Co. Billings, MT --- --- --- --- $1,512,969.00 Sch II C. Reinhart & Son, Inc. 1 Idaho Falls, ID --- --- --- --- $1,845,128.85 Sch II Williams Bros. Constr. Lewistown, MT $464,093.50 --- 478,269.00 --- --- It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., and the City staff for tabulation and a recommendation to be made on Wednesday, October 29, 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. Sale of Bonds a SID No. 621 - $ 540,000.00 - Sanitary Sewer Trunk - Valley Unit b SID No. 622 - 315,000.00 - Trunk Water - Valley Unit c SID No. 623 - 600,000.00 - Samtary Sewer - Valley Unit d SID No. 624 - 610,000.00 - Water Mains - Valley Umt e SID No. 625 - 2,460,000.00 - Paving - Valley Unit The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No. 621 in the amount of $540,000.00, Special Improvement District No. 622 in the amount of $315,000.00, Special Im- provement District No. 623 in the amount of $600,000.00, Special Improvement No. 624 in the amount of $610,000.00, and Special Improvement District No. 625 in the amount of $2,460,000. The Mayor and City Manager outlined the procedure for conducting this bond sale and 1 stated the amount of bonds to be sold for each district would be the same as the advertised amount. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the City proceed with the bidding of SID No. 621 in the amount of $540,000.00. 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. 149 The Clerk of the Commission advised the Commission that there were no sealed bids and that D. A. Davidson & Company of Great Falls has presented their good faith check as prescribed by the Notice of the Sale for SID No. 621 in the amount of $27,000.00. D. A. Davidson, being the only bidder, bid 10.25%. The Commission acknowledged receipt of the D. A. Davidson bid in the amount of 10.25% I for SID 621 and a decision will be forthcoming following discussion between the legal department and Davidson & Company. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City proceed with the bidding of SID No. 622 in the amount of $315,000.00. The motion was carried ~ following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. The Clerk of the Commission advised the Commission that there were no sealed bids and that D. A. Davidson & Company of Great Falls has presented their good faith check as prescribed by the Notice of the Sale for SID No. 622 in the amount of $15,750.00. D. A. Davidson, being the only bidder, bid 10.25%. The Commission acknowledged receipt of the D. A. Davidson bid in the amount of 10.25% for SID 622 and a decision will be forthcoming following discussion between the legal department and Davidson & Company. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City proceed with the bidding of SID No. 623 in the amount of $600,000.00. 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 Clerk of the Commission advised the Commission that there were no sealed bids and that D. A. Davidson & Company of Great Falls has presented their good faith check as I prescribed by the Notice of the Sale for SID No. 623 in the amount of $30,000.00. D. A. Davidson, being the only bidder, bid 10.25%. The Commission acknowledged receipt of the D. A. Davidson bid in the amount of 10.25% for SID 623 and a decision will be forthcoming following discussion between the legal department and Davidson & Company. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the City proceed with the bidding of SID No. 624 in the amount of $610,000.00. 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. The Clerk of the Commission advised the Commission that there were no sealed bids and that D. A. Davidson & Company of Great Falls has presented their good faith check as prescribed by the Notice of the Sale for SID No. 624 in the amount of $30,500.00. D. A. Davidson, being the only bidder, bid 10.25%. The Commission acknowledged receipt of the D. A. Davidson bid in the amount of 10.25% for SID 624 and a decision will be forthcoming following discussion between the legal department and Davidson & Company. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the City proceed with the bidding of SID No. 625 in the amount of $2,460,000.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, 1 Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. The Clerk of the Commission advised the Commission that there were no sealed bids and that D. A. Davidson & Company of Great Falls has presented their good faith check as prescribed by the Notice of the Sale for SID No. 625 in the amount of $123,000.00. D. A. Davidson, being the only bidder, bid 10.25%. The Commission acknowledged receipt of the D. A. Davidson bid in the amount of 10.25% for SID 625 and a decision will be forthcoming following discussion between the legal department and Davidson & Company. 150 Proposed Resolution - establishing policy for acquisition of water Establishing policy for acquisition of water rights upon conversion of land use was again presented for discussion. There was no one present from the Agricultural Preservation Association in regard to the proposed resolution. Charles Bowman of the University was present to make some comments in regard to I establishing the policy for acquisition of water. The proposed resolution will be deferred for another week for further discussion. United Parcel Service - request for sewer service on North 19th Avenue A letter received from David C. Lake, Regional Plant Engineer, of United Parcel Service, reques~ing Sewer Service on North 19th Avenue for the purpose of washing package cars in the building using bio-degradeable soap was presented. The sewer system will have a catch basin in each bay of the building and will be piped through a sand and oil inter- ceptor before discharge to the public sewer. UPS will enter into a contract with a licensed waste disposal firm to clean out and dispose of the waste collected in the catch basin and interceptor. UPS will maintain records relating to the cleaning and disposal of the waste material. The records will be made available to the City engineer in accordance with Chapter 10.16 Section 110 of the Bozeman Sewage Disposal System Ordinance. Ben Berg, representing UPS, urged the Commission to make a decision at an early date. He advised the Commission that UPS serves halfway to Helena, Butte, and Billings. He further advised the Commission that UPS will grow considerably by 1985 and will employ approximately 56 people by 1985. Mr. Berg said they had submitted a request to the City Engineer on two separate occasions. The City Engineer said he told Ben Berg and two UPS officials that he was not approving any connection of a sediment-grease trap to the City's sanitary sewer but would have no problem with their sanitary waste. I The City Engineer further stated he had not approved any connection of sediment- grease traps to the sanitary sewer since coming to Bozeman in 1973. He does not think a proper safeguard can be placed on such units to prevent them from being flushed out at will. He said contracts with any other than the City would not be fool proof and the City of Bozeman is not set up to pump all of the sumps in the City. The City Engineer said the subdivision bureau is denying the UPS permission to discharge non-sanitary waste to ground discharge or borrow pits because of a high ground water table. The City Engineer said sediment grease traps have been used for many years and where properly operated and pumped provide a fair degree of pre-treatment. However, sooner or 1 ater they 1 et them fi 11 up and then sediment grease traps provi de no treatment at all. Someone down the line flushes them down the sewer with a surge of water and the plant gets the whole load of mud and grease at one time. Following considerable discussion, the Attorney representing UPS, said he and his client were willing to work with the City of Bozeman but wanted a decision. The representatives of UPS will obtain some additional information which will be presented at the Commission meeting on October 29, or November 5, 1980 at which time the City will make a decision. Thomas, Dean & Hoskins, Inc. - Amendment No.9 to Engineering Contract for certain work on EP~ - Sewer Treatment Project Amendment to No.9, to the Engineering Contract between the City of Bozeman and Thomas, Dean & Hoskins, Inc., was presented. 1 Amendment No. 9 is necessary to comply with Environmental Protection Agency pretreat- ment regulations of June 26, 1978,(40 CFR part 403) and the construction grant regulations of September 27, 1978 (40 CFR part 35). The total fee for the final design, plans and specifications, and related services is hereby increased from $331,000.00 to $340,500.00 as follows: Item 5 - increased from $150,900.00 to $159,000.00, and Item 6 - increased from $27,900.00 to $29,300.00 or a total increase of $9,500.00. 151. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve Amendment No. 9 to the engineering contract between the City of Bozeman and Thomas, Dean & Hoskins, Inc., and direct the Mayor and Clerk of the Commission to sign the contract on behalf of the City of Bozeman. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Discussion - regarding Repurchase Agreement Commissioner Stiff gave a short report on the Repurchase Agreement. Commissioner Stiff and John Evans met with the committee from the County and found there are more benefits than they originally anticipated. County Auditor Ken Mosby was present and advised the Commission that the Repurchase Agreement will be to the advantage of the County. The Mayor thanked Mr. Mosby for attending the meeting and his input and also thanked Commissioner Stiff for his extensive report. Christian Center - regarding temporary location of Christian Center School The City Manager advised the Commission that a letter from John R. Weaver, Senior Pastor of Christian Center indicated that the Deacon Board's met on Sunday night, October 10, 1980, and decided to move the school to a temporary location until a permanent location can be obtained. Expansion of Housing Rehabilitation program The matter of expanding the Housing Rehabilitation Loan/Grant Program was again presented for discussion and a decision. The City Manager said the Planning Staff prepared the appropriate papers for an expansion of the program. 1 Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the revised guidelines as prepared by planning staff with two changes as set forth in full: BASIC CRITERIA 1. Owner-occupied, multi-family dwelling 2. Up to four units within a single structure 3. Within the City Limits 4. Target Area identified but applications not restricted to that area only. 5. Throughout the City LOAN CRITERIA 1. $10,000.00 per living unit 2. The landlord may borrow the money at 3% but must sign a rent regulatory agreement and rent 50% of the total units to low and moderate income persons 3. Essentially the same interest subsidy agreement that the City has with the banks under the single family dwelling program 4. With the following exception - in the case of the landlord who does not meet low and moderate income guidelines - a lien shall be taken on the property with a repayment on a decreasing percentage for a five year period for the interest subsidy paid by the City. (This is similar to the lien taken for grants for a 5 year period to quell speculation) GRANT CRITERIA 1. In the event that the applicant has an income that meets grant guidelines with income from rentals computed-this homeowner would be eligible for a grant. Rehabilitation could be done to the rental and/or the applicant's personal living area. 2. Grant limits shall initially be figured at $6,500.00 with $1,000.00 1 allowed for each additional unit. This is predicated on the grant limit for the single family dwelling program and on the $1,000.00 moderate rehabilitation program allowance per unit. NOTE: If this is inadequate, it may be necessary to revise it. This would make a maximum grant in the rental program - $9,500 for a 4-plex. 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. 152 I Commission Resolution No. 2225 - establishing the expenditure budget for Federal Revenue Sharing Funds for fiscal year 1980-1981 Commission Resolution No. 2225 establishing the expenditure budget for Federal Revenue Sharing Funds for the Fiscal Year 1980-1981 as prepared by the Clerk of the Commission, was presented, entitled: COMMISSION RESOLUTION NO. 2225 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE EXPENDITURE BUD- GET FOR FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1980-1981. The Commission allocated $95,349.00 of General Revenue Sharing Funds for the purpose of paying Police Division Salaries, and allocated $84,000.00 of General Revenue Sharing Funds for the purpose of paying Fire Division Salaries. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2225 be passed and adopted. 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. Refiling application for Kennel License - Charles Pinkavia The City Manager presented an application for a kennel license, along with the approp- riate fee for Charles Pinkava, 1212~ South Willson Avenue. The Animal Control Warden recommended that the application refiled by Charles Pinkavia be approved since he cooperated with their department to inspect the premises. The Animal Control Warden could find no reason to deny the kennel license. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the , ~ Commission approve the Kennel License application with the provision that the Pinkava's cooperate with the City Staff during the year. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner I Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for raffle license - Montana Nurses Association - District 3, December 20, 1980 The City Manager presented an application for a raffle license along with the approp- riate fee from the Montana Nurses' Association District 3 for a raffle to be held on December 20, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for a raffle license 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 Mayor MacNab; those voting No, none. File report - Quarterly report for Fire Department The City Manager commented on the quarterly report for the Fire Department and recom- mended it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report 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. Reports: Broad Valleys Federation of Libraries - Police Department The report of Broad Valley Federation of Libraries and the Police Department were presented for comment on Wednesday, October 29, 1980. 1 Easement and Right-of-Way Agreement - Joseph B. & Margaret R. Gary and George R. and Mary S. Roemhild An Easement and Right-of-Way Agreement by and between Joseph B. & Margaret R. Gary and George R. & Mary S. Roemhild and the City of Bozeman for the purpose of constructing and installing a storm drainage and necessary appurtenances to serve various properties located within the northwest portion of the City and known as the North 1/2, Block 8, Stevens Subdivision was presented. 153 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Easement and Right-of-Way Agreement, and the Mayor and Clerk of the Commission be instructed and directed to sign the Agreement for the City. 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 1 voting No, none. Agreement - Waiver of Protest to Annexation - Joseph B. & Margaret Gary and George R. & Mary S. Roemhild An Agreement by and between the City of Bozeman and Joseph B. & Margaret Gary, and George R. & Mary S. Roemhild for the purpose of connecting the property described herein with the existing lines of the City of Bozeman at the point to which said lines have been presently extended, pursuant to the provisions and authority given by Section 11-1001., 1947, and as amended by the 1974 Legislative Assembly, was presented. In consideration of the right to extend said sewer lines and connect thereto, the Party of the Second Part agree, that upon request by the City of Bozeman, the Second Party will permit annexation of the real property herein described into the incorporated limits of the City of Bozeman. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Agreement by and between the City of Bozeman and Joseph B. & Margaret Gary and George R. & Mary S. Roemhild, and the Mayor and Clerk be instructed and directed to sign the Agreement for the City. 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. Recess - 4:25 p.m. The Executive Session was convened for the purpose of discussing labor negotiations. I Reconvened - 4:45 p.m. Adjournment - 5:00 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the meeting be adjourned. 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. ~ DUNCAN S. MACNAB, Mayor ATTEST: r?d~ ,;I ul-jJ~ ~~ ERNA V. HARDING, Clerk of the City Commission 1