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HomeMy WebLinkAbout1980-11-19 189 Bozeman, Montana November 19, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room Municipal Building, November 19, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Com- I missioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, November I9, !980 were approved as submitted. Commend Police Commissioner Don Cobb on a job well done The City Manager told the Commission that Police Commissioner Doh Cobb had served on the Police Commission for thirty-three years as a charter member. The Commission commended Mr. Cobb for the accompliShments obtained and a job well done during his thirty-three year tenure. Mayor MacNab presented to Mr. Cobb a plaque in appreci- ation of his accomplishments. Open Bids - Drilling domestic water well - Bogert Park This was the time and place set for opening the bids for the drilling, casing, and screening of a 100 foot well at Bogert Park located on South Church Avenue, Bozeman, Montana. The affidavit of publication 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: Potts Drilling & Developing - Bozeman $6,219.00 I VanDyken Drilling Company - Bozeman 5,001.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the staff for tabulation and a recommendation to be made on Wednesday, November 26, 1980, and 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. Decision - Conditional Use Permit - Henry Wieferich - establish day care center to serve 20 Children - 1418 West Koch Street Mr. & Mrs. Henry Wieferich's request for a Conditional Use Permit to serve twenty (20) children was presented for a decision. The applicant seeks a conditional use permit which would establish a day care center to serve twenty children, and provide two instructors, one instructor being a resident at the site. The City Manager recommended denial of the Conditional Use Permit because of the opposition from the neighborhood. The City Manager said that if the number had been succeSSfully reduced to perhaps half of what was requested in the petition, the neighborhood may have considered that more palatable. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission deny the Conditional Use Permit. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Mayor MacNab, those voting No, being Commissioner Vollmer. Commissioner Swanson said his reason for denying the Conditional Use Permit was based upon I the testimony given by the neighbors. It would cause a neighborhood disruption that would not be acceptable in a residential area of this type. Mayor MacNab, Commissioner Mathre, and Commis- sioner Stiff agreed with Commissioner Swanson. Public hearing - Commission Resolution 2262 - SID 626 - Sanitary Sewer Lateral boundary of Stratford West Main Street & Town Pump Annexation This was the time and place set in Commission Resolution No. 2262, to hear protests to the creation of Special Improvement District No. 626, Sanitary Sewer Lateral construction on the north boundary of the Stratford, West Main and the Town Pump Annexations. Affidavit of publica- tion of Notice and the Clerk's mailing certificate, stating all property owners had been '-19U notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision on the public hearing will be forth- coming on Wednesday, November 26, 1980. Public hearing - Commission Resolution No. 2263 - SID 627 - Sanitary Sewer Lateral - Lot 1, I Triangle Area Annexation This was the time and place set in Commission Resolution No. 2263, to hear protests to the creation of Special Improvement District No. 627, Sanitary Sewer Lateral Construction in Lot 1, Triangle Area Annexation. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 26, 1980. *** Public Hearing on Resolution 2264, 2265, 2266, - See Page 199 Public hearing - Commission Resolution 2255 - Estimated assessment SID 616 - $90,000.00 Paving & Storm Drain - Koch Street between 20th &'23rd - for final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2255, SID 616, paving and storm drain improvements on Koch Street between 20th and 23rd Avenue in the amount of $90,000.00 There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission waive the one-week waiting period, and that CommissJon Resolution No. 2255 provisionally passed and adopted on Wednesday, November 12, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission 2256 - Final Assessment SID 617 - Paving Original Townsite - I $33,533.42 for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2256, SID 617, paving in Original Townsite in the amount of $33,533.42. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2256 provisionally passed and adopted on Wednesday, November 12, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearinq - Commission Resolution 2257 - Estimated Assessment SID 619 - Water Improvements Lea Avenue -$24,300.00 for final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2257, SID 619, Water Improvements on Lea Avenue in the amount of $24,300.00. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2257 provisionally passed and adopted on Wednesday, November 12, 1980 by finally passed and adopted, and levied and assessed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner I Mathre, Oommissioner Vollmer, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution 2258 - Estimated Assessment SID 620 - Paving - Blackmore $14,000.00 for final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2258, SID 620, Paving - Blackmore - in the amount of $14,000.00. There was no one present to protest and no written protests on file. 191 The Mayor declared the hearing closed, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2258, SID 620, paving improvements on Blackmore, provisionally passed and adopted on Wednesday, November 12, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the following Aye and No vote: those voting Aye being I Commissioner Swanson, Commissioner Matnre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Greenwood Plaza - status report - Commission Resolution No. 2272 Brad Calbert appeared before the Commission to give the status report on the Greenwood Plaza. The City Attorney prepared an Indemnification Agreement which would indemnify the City in the Industrial Development Revenue Bond process, as well as the non-profit corporation forms to sponsor or issue the bonds. No City employees will be directors of the non-profit corporation. Following discussion, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2272 of the City of Bozeman, Montana confirming and approving the transfer to Greenwood Plaza and Associates, for the purpose of the construction of a housing development in Bozeman for eligible low-income persons and families be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City of Bozeman. 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. Discussion - Hoven-Clause - Sub-contract to Steve McNeil After meeting with the City Attorney, the City Engineer recommended that the Commission allow Hoven-Clause to subcontract the pipe installation on SID No. 622, Valley Unit Subdivision I Water Main construction, to Steve McNeil. Hoven-Clause of Laurel will be responsible for the balance of the construction on SID No. 622. Mike Kirwin was present to clarify the general contractor's position. He stated Hoven- Clause is the General Contractor and is responsible for the project. The City Attorney said he had no problem with subcontracting the pipe-installation on SID No. 622 to Steve McNeil if a letter is received from Hoven-Clause stating that they will be responsible for the entire project. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the subcontract allowing Steve McNeil to excavate and install the pipe on SID No. 622, Valley Unit Subdivision. 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. Easement for Sewer Trunk across Deaconess Foundation property In the process of installing a trunk sanitary sewer which would eliminate the lagoons located east of the Hyalite Subdivisions, an easement is necessary through portions of the Deaconess Foundation property. When the authorization was initially granted to construct the lagoons on Deaconess property, a clause was inserted which requires that removal of the lagoons be accomplished when they were rendered unnecessary. Design of the sanitary sewer trunk, up until this time, has not included the cost of removal of said lagoons. The City Manager said at this point, it is estimated that $50,000.00 to $60,000.00 would I be required to remove the lagoons, and restore the area to something of its original condition. There is no assurance (at this time) that the EPA will participate in the cost. The City Manager said the City could assess all users of the sewer trunk for the removal costs, but suggested that would not be fair to trunk users not serviced by the lagoons. The City could propose that Hyalite View residents, the sole users of the ponds, pay the removal cost but that might pose some problems. -192 It was suggested that some meetings be scheduled to discuss the easement, which would eliminate the lagoons located east of the Hyalite Subdivision, with the Hyalite View residents. Discussion - Sidewalk plowing A discussion was held on the ice and snow on sidewalks and the inconvenience to Bozeman residents who walk. I Jerry Prescott of 1105 West Curtiss advised the Commission that there are several solu- tions that might resolve the ice and snow problem caused by residents not shoveling their walks. Commissioner Mathre said she realizes that there is a problem but the City cannot enforce the snow removal because of a manpower shortage. She will be happy to meet with the City Manager to try to come up with a solution~ Oaks Bar - re new gambling machine The Oak's Bar recently installed a machine for playing keno. It's very obviously a gambling machine, but it is somewhat unique in Montana as yet. An advisory committee of the County Attorney's Association recommended against approving it in the State of Montana. May Ashley of Helena, attorney for Jack Elmore - owner of the Oaks Bar, told the Commission the State Attorney General has called the machine "not unlawful II and that it is permitted in Silver Bow and Cascade counties. Attorney AShley said he also secured a ruling from a Silver Bow County District Judge legalizing the machine in that county. He said that ruling has now been appealed to the Supreme Court. Attorney Ashley added Attorney General Mike Greely considers the game to be a form of Keno, but has classified it under the state's raffle laws to give county attorneys more control over its use. Police Chief George Tate told the Commission he does not know how the machine operates but is under the impression that it is illegal. Following considerable discussion, the Commission delayed their decision on the legality of the new gambling machine pending further study. I Mayor MacNab told the owner of the Oaks Bar he could operate the machine at his own risk. The Commission also delayed discussion on an electronic poker machine proposed for use in the City by William C. Greybill. Proposed resolution - Adopt Energy Conservation Policy for City of Bozeman Commissioner Mathre explained the proposed resolution which she had drafted. It is a resolution adopting an energy conservation policy for the City of Bozeman, establishing an Energy Advisory Committee, and explaining the duties and responsibilities of that Committee. Commissioner Mathre stated that probably the Building Inspector would analyze the City's energy use and project energy costs up to 1990. Following discussion, the City Manager advised the Commission that he would discuss the proposed resolution with the City Staff at their meeting on Monday, November 24, 1980. Acknowledge pedestrian bridge built by Bozeman Exchange Club - Bogert Park The Commission acknowledged the pedestrian bridge built at Bogert Park by the Bozeman Exchange Club. Mayor MacNab expressed his appreciation on behalf of the Commission for the Bozeman Exchange Club's efforts and the responsibility put forth in building the bridge. Decision- American Federal Savings - permission to use temporary structure corner of North Seventeenth Avenue and Durston Road The Commission delayed action on the request of American Federal Savings and Loan Associ- ation for a week for further study. Following discussion, it was moved by Cmmmissioner Stiff, seconded by Commissioner Swanson, I that the Commission allow American Federal Savings and Loan Association to place a temporary structure on the site located at the corner of North Seventh Avenue and Durston Road for a per- iod not to exceed eighteen (18) months. 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. Ganser, Inc., requested a variance to pour footings for the construction of a warehouse office Gold Avenue (Bomont Center) Ganser, Inc., requested a variance to pour footings for the construction of a warehouse office on Gold Avenue (Bomont Center). 193 The Commission requested Mr. Ganser to file his application for a Conditional Use Permit immediately. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the variance to pour the footings for the structure and if the Conditional Use Permit is denied, Ganser, Inc., will not be able to build the structure. The motion was carried by I 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. Appointment and Reappointment - Board of Adjustment - Police Commission Mayor MacNab announced his reappointment of George Goble to the Board of Adjustment effective January 1, 1981 for a period of three years ending December 31, 1984. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in the Mayor's reappointment to the Board of Adjustment. 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. The City Manager announced his appointment of Ray Houghton, 823 South Third Avenue, effect- ive November 19, 1980 for a period of three (3) years ending April 30, 1983. Mr. Houghton replaces Donald Cobb who retired as of this date. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission concur in the appointment of Ray Houghton. 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. Commission Resolution No. 2259 - Levying and assessing Lighting District Maintenance $22,068.81 pUblic hearing November 26, 1980 Commission Resolution No. 2259 levying and assessing lighting district maintenance and electrical current cost for special improvement lighting districts in the amount of $22,068.81 I was presented, entitled: COMMISSION RESOLUTION NO. 2259 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A., 1978. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2259 be provisionally passed and adopted and Wednesday, Nov~mber 26, 1980 be the date set for public hearing. 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. Commission Resolution 2260 - Levying & assessing Street Sweeping Districts - $30,114.12 public hearing November 26, 1980 Commission Resolution No. 2260 levying and assessing taxes upon all property in street sweep- ing districts to defray seventy-five (75) percent of the cost of street sweeping in the amount of $30,114.12 was presented, entitled: COMMISSION RESOLUTION NO. 2260 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROP- ERTY IN STREET SWEEPING DISTRICTS OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY SEVENTY-FIVE PERCENT OF THE COST OF SWEEPING STREETS WITHIN SAID STREET I SWEEPING DISTRICTS OF THE CITY OF BOZEMAN FOR THE YEAR 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2260 be provisionally passed and adopted and Wednesday, November 26, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, and Mayor MacNab; those voting No, none. 194 Commission Resolution 2261 - Lev{ing and assessing Garbage - $212,937.09. Residential Landfill $8,233.79, and Commercial Landfi 1 - $61,651.94 = $282,822.82 Commission Resolution No. 2261 levying and assessing the solid waste collection in the amount of $212,937.09, Res i dent i a 1 Land fi 11 in the amount of $8,233.79, and Commerc i a 1 Landfi 11 in the amount of $61,651.94 for a total of $282.822.82 was presented, entitled: COMMISSION RESOLUTION NO. 2261 I A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR 1980, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GATBAGE UNDER THE PROVIS- IONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2261 be provisionally passed and adopted and Wednesday, November 26, 1980 be the date set for public hearing. 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. Contract Documents for Signature - SID No. 621 - Sanitary Sewer, Valley Unit Subdivision - Jim Gilman Excavating .- Butte - $441,867.00 The Contract Documents for the construction of SID No. 621, Sanitary Sewer installation in the Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $441,867.00 as submitted by Jim Gilman of Butte, be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Gilman Excavating be authorized and directed to proceed with the construction of SID No.621. The motion was carried by the follow- I ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Contract Documents for sign~ture - SID No. 622 - Trunk Water, Valley Unit Subdivision - Hoven- Clause, Laurel - $287,327.20 The Contract Documents for the construction of SID No. 622, Trunk Water Improvements in the Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $287,327.20 as submitted by Hoven-Clause of Laurel, be approved. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Contract Documents be approved and the r1ayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Hoven-Clause be authorized and directed to proceed with the construction of SID No. 622. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Contract Documents for siqnature - SID No. 623 - Water Main, Valley Unit Subdivision - Johnston Excavating, Bozeman- $443,628.33 The Contract Documents for the construction of SID No. 623, Sanitary Sewer installation in the Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $433,628.33 as submitted by Johnston Excavating of Bozeman, be approved. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Johnston Excavating be authorized and directed to proceed with the construction of SID No. 623. 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. 195 Contract Documents for si nature - SID No. 624 - Water Main, Valle Unit Subdivision - Jo nston Excavatlnq, Bozeman - 4 9,020.92 The Contract Documents for the construction of SID No. 624, Water Main, Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $459,020.92 as submitted by Johnston I Excavating of Bozeman, be approved. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Johnston Excavating be authorized and directed to proceed with the construction of SID No. 624. 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. Contract Documents for si nature - SID No. 625 - Schedule I Unit Subdivision Long Construction, Billlngs - 412,566.20 The Contract Documents for the construction of SID No. 625, Paving in the Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $412,566.20 as submitted by Long Construction Company of Billings, be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Long Construction be authorized and directed to proceed with the construction of SID No. 625. 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. Contract Documents for si nature - SID No. 625 - Schedule II - Pavin - Unit Subdivision I Long Constructlon, Bllllngs - 1, ,9 4. 0 The Contract Documents for the construction of SID No. 625, Paving in the Valley Unit Subdivision, as prepared by Thomas, Dean and Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $1,099,944.00 as submitted by Long Construction Company of Billings, be approved. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Long Construction be authorized and directed to proceed with the construction of SID No. 625, Schedule II. 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. Commission Resolution 2226 - Fix date, maturity date and amount - SID No. 621 Commission Resolution No. 2226, fixing the date, maturity date and principal amount of the Bonds for SID No. 621, Sanitary Sewer Trunk installation in the Valley Unit Subdivision, was presented, entitled: COMMISSION RESOLUTION NO. 2226 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 621 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH I PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2226 be passed and adopted. 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. - 196 Commission Resolution 2227 - Fix date, maturity date and amount - SID No. 622 Commission Resolution No. 2227, fixing the date, maturity date and principal amount of the Bonds for SID No. 622, Trunk Water Main Installations in the Valley Unit Subdivision, was presented, entitled: COMMISSION RESOLUTION NO. 2227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN I MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 622 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12 INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT OF WAY OF U.S. 191 TO FOWLER LANE A 10 INCH WATER MAIN EXTEN- SION ALONG WEST MAIN TO FOWLER AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS, HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2227 be passed and adopted. 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. Commission Resolution 2228 - Fix date, maturity date and amount - SID No. 623 Commission Resolution No. 2228, fixing the date, maturity date and principal amount of the Bonds for SID No. 623, Sanitary Sewer Installation in the Valley Unit Subdivision was presented, entitled: COMMISSION RESOLUTION NO. 2228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN I AS SPECIAL IMPROVEMENT DISTRICT NO. 623 FOR THE PURPOSE OF . CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURT- ENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2228 be passed and adopted. 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. Commission Resolution No. 2229 - Fix date, maturity date and amount - SID No. 624 Commission Resolution No. 2229, fixing the date, maturity date and principal amount of the Bonds for SID No. 624, Water Main Improvements in the Valley Unit Subdivision, was presented, entitled: COMMISSION RESOLUTION NO. 2229 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 624 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER MAINS, AND NECESSARY APPURTENANCES THERETO ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND DURSTON ROAD AND FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. 197 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2229 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. I Commission Resolution No. 2230 - Fix date, maturity date and amount - SID No. 625 Commission Resolution No. 2230, fixing the date, maturity date and principal amount of the Bonds for SID No. 625, Paving in the Valley Unit Subdivision, was presented, entitled: COMMISSION RESOLUTION NO. 2230 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 625 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIVERSION, AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE, AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2230 be passed and adopted. 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. Application for Raffle License - Bridger Bowl Jr. Ski Patrol - 1-4-81 The City Manager presented an application for a raffle license along with the appropriate fee from the Bridger Bowl Jr. Ski Patrol, for a raffle to be held on January 4, 1981. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for a raffle license as presented. The motion was carried by the follow- I ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathrei aAdMayor ~ac~ab; those voting No, none. Application for Raffle License - Bozeman Nordic Patrol December 2, 1980 The City Manager presented an application for a raffle license along with the appropriate fee from Bozeman Nordic Patrol, for a raffle to be held on December 2, 1980. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for a raffle license as presented. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for Raffle License - Gallatin County Chapter of American Medical Assistants - December 15, 1980 The City Manager presented an application for a raffle license along with the appropriate fee from Gallatin County Chapter of American Medical Assistants, for a raffle to be held on December 15, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for a raffle license as presented. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and ~1ayor MacNab; those voting No, none. Application for Wine License - The Wine Merchant - 118 East Main Street The City Manager presented an application for a wine license along with the appropriate I fee from the Wine Merchant, 118 East Main Street. The Commission concurred in the recommendation of the Chief of Police, also concurred in by the City Manager, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Wine License application 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. --198 - School for Survive Air Mask Regulators - Billings, November 20, 1980 - Captain Shearman and Firefighter Scholes A school for Survive Air Mask Regulators has been scheduled to be held in Billings on November 20, 1980 and the Fire Department has requested permission to send Captain Shearman and Firefighter Scholes to the school. It was moved by Commissioner r'1athre, seconded by Commissioner Vollmer, that Captain I Shearman and Firefighter Scholes be granted permission to attend the school. 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. Claims The claims for the month of October and November 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 Vollmer, seconded by Commissioner Stiff, that the claims be approved as presented. 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. 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 Stiff, seconded by Commissioner Swanson, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Excuse Commissioner Swanson and Mayor MacNab Wednesday, December 3, 1980 I The National League of Cities Convention is scheduled to be held in Atlanta, Georgia on November 28 thru December 4, 1980, and Mayor MacNab, and Commissioner Swanson asked to be excused on Wednesday, December 3, 1980 in compliance with Section 7-3-4349 M.C.A. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Mayor MacNab, and Commissioner Swanson be authorized to attend the conference and, it being in the public interest, their expenses be paid out of the appropriate fund. 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. Leave of Absence - Commissioner Vollmer - 26 November and 3 December, 1980 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the absence of Commissioner Vollmer, from the meeting of November 26, and December 3, 1980 be authorized in compliance with Section 7-3-4349 M.C.A. 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. Cancel meeting of December 3, 1980 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the meeting scheduled for December 3, 1980 be cancelled because of a lack of a quorum, and that the Clerk of the Commission be instructed and directed to publish a "Notice of No Meeting" in the Bozeman Daily Chronicle. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner I Swanson, and Mayor MacNab; those voting No, none. 199 Adjournment - 4:30 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner S Commis ioner Mathre, I and Mayor MacNab; those voting No, none. ATTEST: ff ~ d U);/J~ ~PL/ ERNA V. HARDING Clerk of the City Commission *** Public Hearing - Commission Resolution No. 2264 - SID 628 - Watermain, Sanitary Sewer, Storm Drain and Paving - Block 9, Fryslie Street - Figgins Addition First Phase This was the time and place set in Commission Resolution No. 2264, to hear protests to the creation of Special Improvement District No. 628, for the purpose of construction and installation of a watermain, sanitary sewer, storm drain and paving on Fryslie Street, Block 9, Figgins Addition, I First Phase. Affidavit of publication of Notice and the Clerk1s mailing certificate, stating all property owners had been notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 26, 1980. Public Hearing - Commission Resolution No. 2265 - SID 629 - Sanitary Sewer and Watermain in the University Square Subdivision This was the time and place set in Commission Resolution No. 2265, to hear protests to the cre- ation of Special Improvement District No. 629, for the purpose of construction and installation of a sanitary sewer and watermain in the University Square Subdivision. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 26, 1980. Public Hearing - Commission Resolution 2266 - SID 630 - Paving and Storm Drainage - South 22nd Between South 20th and Koch Street - University Square Subdivision This was the time and place set in Commission Resolution No. 2266, to hear protests to the creation of Special Improvement District No. 630, for the purpose of construction and installation of paving and storm drain on South 22nd Avenue between South 20th and Koch Street in the University Square Subdivision. Affidavit of publication of Notice and the Clerk1s mailing certificate, I stating all property owners had been notified as required by law was presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 26, 1980.