HomeMy WebLinkAbout1981-07-08
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
July 8, 1981
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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Attest:
Clerk of the Commission
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