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HomeMy WebLinkAbout1981-04-29 320 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 29, 1981 ********************* The Commission of the City of Bozeman met in regular session in the Commission I Room, Municipal Building, April 29, 1981, at 1:15 p.m. Present were Mayor MacNab, Com- missioner Stiff, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick, City Attorney Planalp and the Interim Clerk. Excused from the meeting in compliance with Section 7-3-4349, M. C. A., were Commissioner Vollmer and Commissioner Swanson. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the meeting of April 22, 1981, were approved as submitted. Absence of Commissioner Vollmer It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Com- missioner Vollmer be excused from this meeting 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 Com- missioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. I Consider Bids - Brush Chipper - Park Department Interim City Manager Evans read the recommendation from Dwain Wortman, Park Superintendent, that the bid for the brush chipper be awarded to Modern Machinery Company of Billings, it being the low net bid in the amount of $9,769.00. The Interim City Manager concurred with the recommendation of the Park Superintendent. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- mission award the bid for a brush chipper for the Park Department to Modern Machinery Company of Billings in the amount of $9,769.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Discussion - City Court days of operation Interim City Manager Evans stated that the City Court Judge has requested that the City Court be in session four days each week, Monday through Thursday. The Interim City Manager stated that he had received a memo from the Police Chief opposing this re- I quest. The City Attorney stated that the Montana Codes Annotated state that the Court shall be open on all judicial days. However, the Codes do not state the the Judge must be present on all judicial days. The decision in the matter lies with the City Commission. The Mayor continued the discussion until the May 13, 1981, meeting and instructed the Interim City Manager to contact the City Judge and request his presence at the meeting. 321 Request - First Annual Olympia Gold - Greek Run - May 9, 1981 The Interim City Manager presented to the Commission a request for the First Annual Olympia Gold - Greek Run, to be held on Saturday, May 9, 1981, beginning at 10:00 a.m. The run would begin and end on Greek Way; and all proceeds would go to the United Way. I The sponsors of the run would be responsible for providing their own crossing guards at the various intersections, since most of the run is within the city limits. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the request for the First Annual Olympia Gold - Greek Run, to be held on Saturday, May 9, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Place Banner across Main Street - Salvation Army - May 11-15, 1981 Request - Place Banner across Main Street - "MSU Energy Fair-May 20" - May 15-25, 1981 The Interim City Manager presented two requests for placing banners across Main Street, the first on behalf of the Salvation Army and the second on behalf of MSU Energy Fair. The Interim City Manager recommended approval of both of the requests, subject to the deposit of $25.00 and the stability of the banners, and that the placement of the signs be coordinated since they are to be overlapping to the same date. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- I mission approve the requests from the Salvation Army and Montana State University Energy Fair to place banners across Main Street, subject to the $25.00 deposit, stability of the banners, and coordination of their placement. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Discussion - Peach Street Paving The City Engineer stated that he would recommend drawing of a resolution of intention to create an SID to pave the one block of Peach Street from Rouse to Church with an alternate which would include also paving the other block from Church to Wallace. He stated that if there were then enough protests to stop paving of the block from Church to Wallace, the block from Rouse to Church could then still be paved. He further stated that the Commission could create the SID to pave the one block between Church and Wallace if it is protested now, because it would be one unpaved block between paved portions of the street. I The City Attorney stated that he could see no problem, because the resolution of intention to create the SID would be basically the same as the resolution creating the SID. The Mayor instructed the City Attorney to prepare the resolution of intention to create the SID for paving of Peach Street. If the protests do not allow the paving of the block between Church and Wallace, then the block between Rouse and Church will be the only one paved at present. 322 Discussion - Industrial Revenue Bonds for Montana Farm Bureau Federation proposed office building - South 19th - $1,600,000.00 The Interim City Manager presented to the Commission the request from the Montana Farm Bureau Federation for possible use of Industrial Revenue Bonds for construction of a proposed new building to be located on South 19th. . I Mr. Bill Brown was present to represent the Montana Farm Bureau Federation. He stated that the location of the proposed building would be next to the Fire Substation, between Koch and Dickerson, on approximately 1.5 acres. Mr. Brown stated that this building would be to replace their present building, which houses the State Headquarters for this business, which is located here in Bozeman. He also stated that the Headquarters wishes to remain in Bozeman, close to the University. The Mayor continued the discussion for a period of two weeks and instructed the Interim City Manager to distribute to the Commission copies of the criteria for Industrial Revenue Bonds used for Montana Bank and the Life of Montana building. Discussion - Reimbursement to 1979 HUD Block ProQ;ram - $3,850.00 disallowed by HUD - re North Grand ballfield lights Interim City Manager Evans read a letter from HUD in Denver stating that they were disallowing $3,850.00 of the requested $5,000.00 to move the ballfield lights from the North Grand field. The Mayor acknowledged receipt of the letter from H UD and instructed that a warrant I be drawn to reimburse this $3, 850. 00 to the H U 0 B lock Pro gram. Discussion - Demolish or Sell House - Old Sewage Plant The Interim City Manager stated that the house located on the Old Sewage Plant property is presently where the proposed road would go to the storage buildings which will be moved to this site from their present site by the New Public Library. He stated that he had received a call from an individual interested in purchasing the house and moving it. The City Attorney stated that the house could be sold for less than $4,000.00 without calling for bids. The possibility of using this building for a fire drill for the Fire Department was discussed. Deputy Fire Chief Dewey Johnson stated that a fire drill of this nature would be of great benefit to the Department, but he could not place a dollar amount upon its worth. The Mayor instructed the Interim City Manager to contact the individual interested in purchasing the building to get his bid, and if he does not submit a substantial bid, turn it I over to the Fire Department for a fire exercise. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the City Attorney be instructed to prepare an eviction notice for the present tenants, to be effective in thirty days. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. 323 Request - American Legion Post No. 14 - Conduct two parades - July 8 and July 11, 1981 Interim City Manager Evans presented to the Commission a request from the American Legion Post No. 14 for permission to hold two parades in conjunction with their District Con- vention. The first parade is to be held on July 8 at 9:00 p.m.; and the second parade is I to be held on July 11 at 4:00 p.m. The parade route for both is to be from the Safeway parking lot to Lindley Park. The Police Department has been contacted and stated that there would be no problem. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the request of the American Legion Post No. 14 for permission to hold two parades, one on July 8 and one on July II. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Three Water Department emphyees to attend one-day seminar - Helena - May 11, 1981 Interim City Manager presented a request from the Water Superintendent for permission for three of the Water Department emphyees to attend a one-day seminar in Helena on May 11, 1981. The seminar is on valves, fire hydrants, trenching and backfilling; and would cost $10.00 per person, including lunch. The Interim City Manager recommended approval of the request. I It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the three Water Department employees be granted permission to attend the one-day seminar and, it being in the public interest, their expenses be paid out of the appropriate funds. The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Application for Beer License - Gallatin Valley Softball Association - May 1-3, 1981 Interim City Manager Evans presented to the Commission an application for a beer license, along with the required fee, for the Gallatin Valley Softball Association for May 1-3, 1981, at the Recreation Complex. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the application for beer license for the Gallatin Valley Softball Association for May 1-3, 1981. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. I Request - Owenhouse Hardware - to place awning between main building and salesl service building - awning to he placed over alley Interim Assistant City Manager Barrick presented to the Commission a request from Owenhouse Hardware for permission to place an awning over the alley between the main build- ing and the salesl service building. The requested awning would be 15 feet above the alley and would be of made of non-combustible material. '-,,::, 32'4 The City Attorney stated that the request is for occupation of public property. He recommended that the City reserve the right to request removal of the awning at any time it deemed necessary. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the request from Owenhouse Hardware to place an awning over the alley between the main build- I ing and the sales/ service building be approved, with the right to order the awning removed at any time. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Amendment No. 12 to Engineering Contract - Thomas, Dean and Hoskins - re EP A project Interim City Manager Evans presented to the Commission Amendment No. 12 to the engineering contract with Thomas, Dean and Hoskins. He stated that there would be no change in the dollar amounts and recommended approval of the amendment. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission authorize the Mayor to sign Amendment No. 12 to the engineering contract with Thomas, Dean and Hoskins. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Commission Resolution date, maturit date and al amount - SID 626 ommission Resolution date, maturit date and al amoun t - I Commission Resolution date, maturit date and rind al amount - ommission Resolution date, maturity date and principal amount - Interim City Manager Evans presented Commission Resolution No. 2314, entitled: COMMISSION RESOLUTION NO. 2314 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 626. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve Commission Resolution No. 2314, fixing the date, maturity date and principal amount of bonds for Special Improvement District No. 626. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Interim City Manager presented Commission Resolution No. 2315, entitled: COMMISSION RESOLUTION NO. 2315 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. 627. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- I mission approve Commission Resolution No. 2315, fixing the date, maturity date and principal amount of bonds for Special Improvement District No. 627. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. ~25 Interim City Manager Evans presented Commission Resolution No. 2316, entitled: COMMISSION RESOLUTION NO. 2316 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. 629. I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve Commission Resolution No. 2316, fixing the date, maturity date and principal amount of Special Improvement District No. 629. the motion was carried by the following A ye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Interim City Manager Evans presented Commission Resolution No. 2317, entitled: COMMISSION RESOLUTION NO. 2317 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. 630. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- mission approve Commission Resolution No. 2317, fixing the date, maturity date and principal amount of bonds for Special Improvement District No. 630. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. I Proclamation - "Be Kind to Animals Week" - May 3-9, 1981 Mayor MacNab proclaimed the week of May 3-9, 1981, as "Be Kind to Animals Week" in the City of Bozeman. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Proclamation - "Municipal Clerks Week" - May 10-16, 1981 Mayor MacNab proclaimed the week of May 10-16, 1981, as "Municipal Clerks Week" in the City of Bozeman in recognition of the services performed by Municipal Clerks. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following vote: those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. I Proclamation - "Energy Awareness Week" - MSU - May 18-23, 1981 Mayor MacNab proclaimed the week of May 18-23, 1981, as "Energy Awareness Week" in the City of Bozeman and urged all citizens to join in expressing their support and attend the Energy Fair at Montana State University. ~ 326 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor Mac Nab; those votin g No, none. SID No. 632 - Water main, sanitar sewer, storm I Interim City Manager Evans presented Commission Resolution No. 2325 as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2325 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT AN A, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 632 FOR THE PUR- POSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PA VING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECI- FICALL Y DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX (6) INCH WATERMAIN AND APPURTENANCES ON SHAWNEE WA Y IN THE SHAWNEE INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANI- TAR Y SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONT ANA. T HE CONSTRUCTION AND INST ALLA TION OF THE WATER SYSTEM, SANIT AR Y SEWER, AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. I It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Com- mission approve Commission Resolution No. 2325, creating Special Improvement District No. 632, for water main, sanitary sewer, storm drain and paving in the Burrup Annexation. The motion was carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Claims Claims for the past two weeks were presented. The Interim City Manager had checked the claims and found them to be true and correct and recommended that the Interim Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. File Reports I Interim City Manager Evans stated that the Broad Valleys Federation of Libraries Report for March, the Police Department Report for March, and the Fire Department Quarterly Report appeared to be in order and recommended that they be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Stiff that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: ;127 those voting Aye being Commissioner Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. Executive Session I Interim City Manager Evans requested an executive session be called and that all be excused except the Interim City Manager, Interim Assistant City Manager, the City Attorney and the Interim Clerk of the Commission. Mayor MacNab declared an executive session and requested all others to please leave the Commission Room. Following the Executive Session, at 3:15 p.m., Mayor MacNab reconvened the Commis- sion meeting. Absence of Mayor MacNab - meeting of May 6, 1981 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Mayor MacNab be excused from the meeting of May 6, 1981, in compliance with Section 7-3-4349, M. C. A., and that Commissioner Stiff be appointed Mayor Pro Tempore during his absence. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Adjournment I There being no further business to come before the City Commission at this time, it was moved by Commissioner Mathre, 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 Mathre, Commissioner Stiff and Mayor MacNab; those voting No, none. ~ ~ ., f D~ ~A~;:: / v--IcA-- Mayor ATTEST: ROBIN L. WILLIAMS Interim Clerk of the City Commission I