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HomeMy WebLinkAbout1981-07-08 431 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 8, 1981 ******************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 8, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, I nterim City Manager Evans, I nterim Assistant City Manager Barrick, City Attorney Planalp and the I nterim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of July 1, 1981, were approved as submitted. Public hearing - Industrial Development Revenue Bonds - Montana Farm Bureau Federation This was the time and place set for the public hearing on the request for Industrial Development Revenue Bonds on behalf of the Montana Farm Bureau Federation. Mayor MacNab opened the public hearing. Mr. Bill Brown, Executive Vice President of the Montana Farm Bureau Federation, stated that the Bureau had purchased the land on South Ninteenth Avenue in 1973 for the purpose of building a new structure to house their offices at some time in the future. The Bureau feels that now is the time to build. However, the interest rates are at a very high rate. I The Bureau feels the I ndustrial Revenue Bonds would provide the money necessary to construct this building at a reasonable interest rate. The Montana Farm Bureau Federation wishes to maintain its state headquarters office in Bozeman because of their close relationship with Montana State University. Mr. Brown stated that he feels that he can prove that it will be a benefit to the citizenry of Bozeman. He stated that five local contractors have picked up specifications for the project, which is now estimated at $1.4 million. He stated that meetings now being held in Lewistown would be held in Bozeman once a facility for such meetings is built. Mr. Ozzie Berg, BGS Architects, presented drawings and sketches of the proposed struc- ture. He also showed a floor plan of the area proposed to be used by the Montana Farm Bureau Federation and had a model of the structure for the City Commission to study. He stated that the building is basically masonry, with some frame. He stated that the sun is used as much as possible. Also, the atrium will provide a portion of the heat during the winter, and will be exhausted during the summer. Mr. Ron Berger had studied the feasibility of rental space in this building. He stated I that during a study done approximately one year ago, it was determined that attorneys and other professional people would be interested in rental within such a structure. Commissioner Stiff asked if the businesses renting offices would be simply relocating within Bozeman or if it would draw some businesses from outside the city. Mr. Berger stated that one entire floor is being considered by a firm outside the city which is considering placing a branch office in Bozeman. He stated that the size of the -432 offices is such that anyone moving into them is contemplating the construction of a new build- ing or moving to another location anyway so that they can expand. Mr. Dennis Jones, George K. Baum Company, would be handling the sale of the bonds if the I ndustrial Development Revenue Bonds are approved. He stated that the bonds can be marketed, and he feels strongly that they can be. He stated that investors are interested. Dr. Carl Hoffman, Director of Cooperative Extension at Montana State University, I stated that they work very closely with the farm associations in Montana. He stated that the Montana Farm Bureau Federation needs a place for various farm agencies to get together and meet. Commissioner Mathre asked Mr. Brown how many people would attend and how many meetings would be held each year. He stated that attendance at meetings ranges from about six to as many as seventy-five. He estimates twenty-five meetings per year. Commissioner Vollmer stated that he appreciates the concept of letting local persons use the fad Iity. No one was present to protest the request. Mayor MacNab closed the public hearing. It was moved by Commissioner Vollmer to waive the one week interval for the decision since no protests were received. The motion died for lack of a second. The Mayor stated that the decision would be forthcoming in one week. district I This was the time and place set for a public hearing on Commission Resolution No. 2332, entitled: COMMISSION RESOLUTION NO. 2332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 637 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING DISTRICT TO LIGHT A PORTION OF VALLEY UNIT NO.1 SUBDIVISION TO THE CITY OF BOZEMAN FROM YELLOWSTONE TO FLATHEAD AND BABCOCK NORTH TO DURSTON, ALSO FERGUSON FROM U. S. 191 TO BABCOCK, FALLON FROM FERGUSON. TO YELLOWSTONE, AND YELLOWSTONE FROM FALLON TO BABCOCK, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 7-12-4301 TO 7-12-4326 INCLUSIVE OF THE REVISED CODES OF MONTANA. I nterim City Manager Evans stated that this is a single-owner district sought by Mr. and Mrs. Virgil Jahnke. Since it is a single-owner district, no protests are on file at this time. Mr. Joe Sabol, attorney for Jahnkes, stated that during the final stages of planning of Valley Unit No.1, it was decided that in order to create a good situation from a public I health and safety viewpoint, it was necessary to have a lighting district. The City staff agreed that lighting would be a good idea because it is actually a city subdivision. It is therefore felt that this is a necessary and integral part in the completion of this phase of the development. No one was present to protest the proposed lighting district. 433 The Mayor closed the public hearing. A decision will be made at the next regular meeting of the City Commission. Discussion - possible new telephone system for City Hall Complex - Executone presentation Mr. Dennis Gabriel, representative from Executone, distributed copies of his proposal I to the Commission for review. He stated that the proposed system utilizes fully electronic equipment. This includes updated touch tone telephones. He stated that the proposal in- cludes a complete list of materials necessary for installation. Also, the costs of purchasing, utilizing a five-year lease and a 10-year lease are included in the proposal. The five-year lease would cost the City $1654.10 per month, with a guarantee that this price will not change during the five-year lease period. In addition, the City would have to pay Mountain Bell for the normal line charges ($284.75) and long distance charges. Under the lease option, after five years, if that method is chosen, the equipment belongs to the City. At that time, the option of an extended warranty is offered if the City desires maintenance to be provided under this system. The Interim City Manager stated that the proposal by Executone may have a few addi- tional features in it that are not in the Mountain Bell proposal. He also requested two weeks to allow the staff to review the proposals and submit a report to the Commission. Commissioner Stiff asked if there would be any complications with Mountain Bell by using this equipment. I Mr. Gabriel stated that there would be no complications. He stated that there are rules governing interconnection of telephone equipment which have been delineated by the cou rts . Mountain Bell is under court order to provide duplicate service to users who provide their own telephone equipment. The Mayor requested that the report be submitted to the Commission in one or two weeks, depending upon the deadline with Mountain Bell to obtain the new equipment before any possible rate increases. Discussion - Proposed sewer rates The City Engineer stated that as a result of the June 19, 1981, meeting with the con- sulting engineer, water rate attorney, bond consultant and City staff, a list of sewer rates is recommended to meet the added expenditures of construction of the plant. The proposal is similar to the rate structure provided for in the water rate proposal to the Public Service Commission. He stated that under the proposal, the average homeowner would see a slight increase in the sewer rate. The larger users, such as Montana State University, would pay according to the total usage. I Commission Resolution No. 2335 - reason for City Commission to establish sewer rates I nterim City Manager Evans presented Commission Resolution No. 2335, as prepared by by Mr. Bill O'Leary, the Rate Attorney from Helena: COMMISSION RESOLUTION NO. 2335 A RESOLUTION PROVIDING FOR INCREASED RATES AND CHARGES AP- PLICABLE TO THE CITY OF BOZEMAN, MONTANA, SANITARY SEWER ~~~--- -434 SYSTEM; PROVIDING FOR AMENDMENTS AND REVISIONS OF EXISTING SANITARY SEWER RULES AND REGULATIONS; PROVIDING FOR ENACTMENT OF NEW SANITARY SEWER SYSTEM RULES AND REGULATIONS; TO BECOME EFFECTIVE UPON THE APPROVAL OF SUCH RATES, CHARGES, RULES AND REGULATIONS BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND DIRECTING PUBLICATION OF NOTICE OF PUBLIC HEAR- ING, THAT A PUBLIC HEARING BE CONDUCTED, AND THAT AN ORDER ISSUE IN ACCORDANCE WITH APPLICABLE STATE STATUTES. The Interim City Manager stated that this resolution establishes the need and desire- I ability of the City Commission to proceed to establish the necessary sewer rates leading to construction of Phase II of the Waste Water Treatment Plant. He stated that it is extremely important that the City be able to meet the November 1, 1981, deadline for the award of a bid for construction of Phase II. He stated that the Public Service Commission would be unable to act on this matter in time to meet this November 1 deadline. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission adopt Commission Resolution No. 2335, providing for increased rates and charges for sanitary sewer services within the City's system. The motion 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 No. 2336 - set date for establishing sewer rates I nterim City Manager Evans presented Commission Resolution No. 2336, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2336 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, I PROVIDING FOR A DATE, TIME AND PLACE FOR THE HEARING ON THE REQUEST FOR AN INCREASE IN THE CITY OF BOZEMAN'S SEWER RATES AND REVISIONS OF EXISTING SANITARY SEWER SYSTEM RULES AND REGULATIONS. . Interim City Manager Evans stated that the proposed date, time and place for this public hearing was August 13, 1981, at 7: 00 p. m. in the Community Room of the Gallatin County Courthouse. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2336, setting the date, time and place for a public hearing on the proposed sewer rates and regulations. The motion 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. 2337 - Create SID No. 636(2) - paving - Peach Street, Rouse to Wallace Interim City Manager Evans presented Commission Resolution No. 2337, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2337 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. 636(2) FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON PEACH STREET BETWEEN ROUSE AVENUE AND WALLACE AVENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2337, creating Special Improvement District No. 435 636(2). The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Ordinance No. 1067 - Annexation of Story Hills I Interim City Manager Evans presented Ordinance No. 1067, as prepared by the City Attorney, entitled: ORDINANCE NO. 1067 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ANNEXING CERTAIN CONTIGUOUS REAL PROPERTY KNOWN AS "STORY HILLS WEST.II It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission adopt Ordinance No. 1067, annexing Story Hills West, with conditions as expressed in the ordinance, and setting August 10, 1981, as the effective date of annexation in Section I X of this ordinance. Following a discussion, the motion was amended by Commissioner Stiff, seconded by Commissioner Swanson, as follows: that the Commission adopt Ordinance No. 1067 with the following revision in Section VII: that the words IIStory Mill Roadll be added to the list of off-site streets. The amended motion 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 The vote on the original motion was then taken. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Possible decision - HUD Grant reprogramming proposals Interim City Manager Evans stated that last week several HUD representatives from Denver were in Bozeman to review the grant records. He stated that these representatives feel that the City should go ahead with a program and expressed that they would approve the extension for the length of time needed to carry out the responsibilities of the program. He stated that the 1976 grant was closed out following a review of the books. The Interim City Manager recommended that the Commission award the grant monies as follows: $125,000.00 to Reach, Inc., and $75,000.00 to the Battered Spouses Network. I f there are any additional funds after the administration costs and other miscellaneous costs involved, these funds could then be used for any renovation necessary to the facilities purchased. He further recommended that the City not consider the Legion Housing application as the funds are insufficient for this project. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the HUD Grant monies be distributed as follows: Reach, Incorporated $125,000.00 Battered Spouses Network $ 75,000.00 If any funds are available after administration costs and other miscellaneous costs of the Grant are paid, such funds could be used for the renovation of any facilities purchased by -- ~---- -~- - -'436 either of these groups. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none; Commissioner Mathre abstained. and Main - Church of I nterim City Manager Evans presented to the Commission a request on behalf of the I Church of Jesus Christ of Latter Day Saints (Mormons) missionaries to place a sandwich board sign at the corner of Tracy and Main, next to Mr. Mac's Beauty School during the lunch hour and dinner hour of certain days. The proposed sign would be three feet high and two feet wide and would be only used occasionally. Elders Beswick and Greer were present to answer any questions which the Commissioners had regarding the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- mission approve the request of the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries be approved for a thirty-day trial period, after which they may return to re- quest an extension. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Stiff and Commissioner Swanson. Request for permission - Fire Department - two firemen to attend State Firemen's Convention- Helena - July 8-11, 1981 I Interim City Manager Evans presented to the Commission a request for permission for Captain Dan Figgins and Firefighter First Class Dennis Kincaid to attend the State Firemen's Convention in Helena on July 8, 9, 10 and 11, 1981. Total cost of the attendance at the convention is $439.00. The I nterim City Manager stated that this was a budgeted item and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the two Firemen be granted permission to attend the State Firemen's Convention in Helena on July 8, 9,10 and 11,1981 and, it being in the public interest, their expenses be paid out of the appropriate funds. The motion 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. Authorize Mayor to sign - Contract Documents - Seal Coat and Pavement Overlay Street Improvements I nterim City Manager Evans presented the contract documents for Long Construction, Inc., of Bozeman, for seal coat and pavement overlay street improvements, and recommended I that the Mayor be authorized to sign these documents. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Mayor be authorized to sign the contract documents for Long Construction, Inc., of Bozeman, for seal coat and pavement overlay street improvements. The motion 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. ---~ 4'37 Authorize Mayor to sign - Contract Documents - Waste Water Treatment Plant Improvements, Pha se I Interim City Manager Evans presented the contract documents for Edsall Construction Company of Bozeman for construction of Phase I of the Waste Water Treatment Plant I mprove- ments, and recommended that the Mayor be authorized to sign these documents. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Mayor be authorized to sign the contract documents for Edsall Construction Company of Bozeman for the construction of Phase I of the Waste Water Treatment Plant Improvements. The motion 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. Proclamation - llKIWANIS DAYll - July 11,1981 Mayor MacNab proclaimed July 11, 1981 as llKiwanis Dayll in the City of Bozeman in recognition of the Club's service and devotion to the community. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in the Mayor's proclamation. The motion 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. Request - wooden sign in Fire Zone I - 24 South Willson I I nterim Assistant City Manager Barrick presented to the Commission a request on be- half of f.11, located at 24 South Willson Avenue, for permission to place a wooden sign in Fire Zone I. The Interim Assistant City Manager stated that the sign meets all of the re- quirements, except that it is a wooden sign proposed to be placed in a Fire Zone I. He recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the request of f. 11 for a wooden sign in Fi re Zone I, to be located at 24 South Willson Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Commissioner Mathre; those voting No, none; Mayor MacNab abstained. Request - permission to block a portion of Mendenhall at Bozeman - for move from Old Library to New Library Interim Assistant City Manager Barrick presented to the Commission a request to block a portion of Mendenhall Street at Bozeman Avenue for four hours on Saturday, July 11, 1981, for the purpose of moving books from the Old Library to the New Library. He stated that I the request was for a complete blocking of Mendenhall Street. However, he proposed two diagonal lines of barricades be placed at the intersection so that traffic moving west on Mendenhall Street would turn south on Bozeman Avenue and traffic moving south on Bozeman Avenue would turn west on Mendenhall Street. This would provide the necessary traffic control and yet allow for the best traffic flow. -.--.- ~ -'438 It was also recommended that the individuals involved be instructed to move the barricades and open the street to any emergency vehicles that may be moving on Mendenhall Street or Bozeman Avenue during this period of time. I t was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the request to block a portion of Mendenhall Street at Bozeman Avenue for I four hours on July 11, 1981, for the purpose of moving books from the Old Library to the New Library. The motion 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. Reports: Broad Valleys Federation of Libraries for June Building Inspection Department for June Interim City Manager Evans stated that the Broad Valleys Federation of Libraries report for June and the Building I nspection Department report for June appeared to be in order and recommended that they be accepted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the reports of the Broad Valleys Federation of Libraries for June 1981 and the Building Inspection Department for June 1981, and that they be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Claims I Claims for the end of the Fiscal Year 1981 were presented. The I nterim 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 Swanson, seconded by Commissioner Mathre, that the claims be approved as presented. The motion 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. Consideration of possible plans for City Centennial in 1983 Mayor MacNab stated that even though it was not listed as an agenda item, he felt the Commission should begin considering the possibility of establishing a budget for the City cen- tennial in 1983 and placing a small amount of money in the budget for each of the next two years so that the City government may become involved in the centennial. He suggested the possibility of a celebration during the Fourth of July festivities or during the Sweet Pea fes- I tivities. I nterim City Manager Evans stated that a separate budget unit could be established for this purpose. This would allow the project to cover the two fiscal years involved without becoming a problem. 439 The Mayor stated that two people are presently working on the historical aspect of the city. He also stated that the possibility is very great that some of the service clubs will raise funds for the City centennial. These funds could also be deposited in the budget es- tabl ished at the City for use during 1983. He stated that he is working on a committee to work on this project and plan the events for the centennial. I This matter will appear on a City Commission agenda within the next couple weeks for discussion and possible action by the Commission. Executive Session Mayor MacNab called for an executive session and requested that all be excused except the City Attorney and the I nterim Clerk. Mayor MacNab requested that all others please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting at 3:44 p.m. Adjou rnment There being 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 adjou rned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; I those voting No, none. Mayor ~ Attest: Clerk of the Commission I