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HomeMy WebLinkAbout1979-06-06 June 6, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 6, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney P1ana1p and the Clerk. Commissioner MacNab opened the meeting with a prayer and the Commission observed a moment I of silence in memory of Ivan Grant, Assistant Park Superintendent, who passed away Tuesday, June 5, 1979. The Commission directed the City Manager to address a letter to the family of Ivan Grant extending the sympathy and condolences of the City. The minutes of the regular meeting held on Wednesday, May 30, 1979 were approved as sub- mitted. Open bids - Drilling Domestic Water Well at Landfill Site on Story Mill Rd. This was the time and place set for the opening of bids for the drilling, casing, and screening of a 200 foot well. The location of the water well will be the Landfill site on Story Mill Road, north of Bozeman. It was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the bids be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. The following bids were then opened and read: Potts Drilling and Developing - Bozeman VanDyken Drilling Company - Bozeman $6,688.00 7,261.00 I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bids be referred to the Street Superintendent for evaluation and a recommendation to be made to the Commission on Wednesday, June 13, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 2063 - Intent to Create SID 605 - Paving Graf's First This was the time and place set in Commission Resolution No. 2063, to hear the protests to the creation of Special Improvement District No. 605, installation of paving and storm drains in Graf's First Addition. Affidavit of publication of Notice and the Clerk's mailing certifi- cate,stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon recommendation by the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that since there were no protests received, ~he Commission waive the one-week waiting period and direct the City Attorney to draw up a resolution creating the district. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permit - Antram-Herbert Construction allow construction of 9,600 sq. ft. b1dg to be used as Roller Rink I This was the time and place set for a public hearing to consider the Conditional Use Permit for Antram-Herbert Construction. The applicant seeks a conditional use permit which, if approved, would allow the construction of a 9,600 square foot building to be used as a roller rink. The building would be constructed on Lot 1 of the Wheat Commercial Subdivision located South of and adjacent to Mandeville Lane, North of Interstate 90 and West of and adjacent to Wheat Drive. The Planning Director presented the staff report which recommended approval subject to conditions. There being no further expressions, the hearing was closed and a decision will be made Wednesday, June 13, 1979. Sale of Bonds (a) SID 594 - Paving & Storm Drain - Figgins Addition - B1k 5 (b) SID 608 - Paving - Figgins Addition Phase IV The City Manager advised the Commission that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No. 594 and 608. I l [ LL 228 The City Manager advised the Commission that SID No. 608 far exceeded the Engineer's es- timate, and would not be sold or the construction bid awarded. The Mayor and City Manager outlined the procedure for conducting the bond sale for SID No. 594 and stated the amount of bonds to be sold would be the same as the advertised amount. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City proceed with the bidding of SID No. 594. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. The Clerk of the Commission advised the Commission that there was a sealed bid received I for SID No. 594. The Security Bank presented their good faith check as prescribed by the Notice of the Sale. Oral bidding began, and the Security Bank of Bozeman bid 8.29%. The Clerk of the Commission advised the Commission that she had received the good faith check for the sealed bid in the amount of $3,800.00 as prescribed by the Notice of the Sale. The Bid of Grande & Company was then opened and read: Grande & Company, Seattle - 8.20% plus $14.00 premium The City Manager recommended that the City of Bozeman accept the sealed bid of Grande & Company, Seattle, in the amount of 8.20% plus a $14.00 premium, it being the best bid submitted. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the sale of the bonds for SID No. 594 in the amount of $76,000.00 be awarded to Grande & Company, Seattle in the amount of 8.20% plus $14.00 premium, and that the good faith check from Security Bank and Trust Company, Bozeman be returned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Consideration of construction bids - SID 594 & 608 - Figgins Phase IV & B1k 5 A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc., the City's Engineering consultants, was presented. Mr. Cummings reviewed SID No. 594 and stated it was within the project limitations avail- able. The Contractor agreed to accept the award on SID No. 594 individually and Mr. Cummings recommended that Long Construction Co., Billings be awarded the bid in the amount of $53,719.50. Mr. Cummings reviewed SID No. 608 and the bid of $293,402.50 exceeded the SID budget limitations by approximately $30,000. Mr. Cummings suggested the Commission reject the bid and make an earnest effort to recreate the district with enough funds. The City Manager concurred in the above recommendation, and it was moved by Commissioner MacNab, seconded by Commissioner Swanson, that Long Construction of Billings be awarded the bid of $53,719.50 for the construction of SID No. 594 based on their low bid and that the Commission reject the bid of $293,402.50 for the construction of SID No. 608. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, CommissionerSwanson, Commissioner Vandeventer and Mayor Sedivy, those voting I No, none. Decision - Gregory Morgan Zone Map Change - AS to RS-3, East and adjacent to Arrowleaf Hills Subdivision, and \ mile South of Kagy Boulevard Action was delayed on the request of Gregory Morgan for a Zone Map Change for a period of one week. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately twenty acres located approximately 1 \ miles east of the City Limits. The property is east of and adjacent to Arrowleaf Hills subdivision and one-quarter mile south of Kagy Boulevard extended. The City Manager re.g:rettal:ily recommended approval of the zone map change from AS to RS-3 as requested by Gregory Morgan. It was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the Commission approve the request for a Zone Map Change from AS to RS-3. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Com- missioner Swanson, CommissionerVandeventer and Mayor Sedivy, those voting No, none. I Christian Center Church - request for one year extension on school variance The Christian Center Church on West Mendenhall requested a one-year extension on their school variance which was allowed December 14, 1977. The Christian Center has dropped grades 9 - 12 and will have only the elementary grades at the above location. The other students will be sent to Bozeman Junior and Senior High Schools. The Center is still looking for different facilities and still hold their option on the Graf land. I The Christian Center personnel complied with every requirement that the City imposed and the neighborhood appeared happy with the arrangement. The Planning Department had no objections to the extension of the variance. The City Engineer and the Building Inspector recommended that a Notice of Public Hearing to consider the extension of a Conditional Use Permit requested by the Christian Center be published in the Chronicle. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab that the Notice of the public hearing be published in order that the neighbors would have a change to speak if they so wished on Wednesday, June 13, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor:Sedivy, those voting No, none. Four "C's" - Request for Day Care Center at Beall Park I A group called the Four "C's" requested permission to hold the Day Care Center at the Beall Park building for two months this summer. Jean Quinn and Nancy Waters appeared before the Commission to explain the program. The representatives said the center would be limited to about 28 children who will be accepted on a first come, first serve basis. There is a great need for a Day Care Center for children ranging from 6 - 12 years of age. The Four "C's" is a non-profit organization. The Day Care Center will be operated eleven hours a day. The Four "C's" received conditional approval to hold the Day Care Center at the Beall Park Building contingent upon final approval from the City Attorney. Kiwanis - re erection of two park shelters - Kirk Park A.B. Linford, President of the Kiwanis, appeared before the Commission in regard to erecting two park shelters at Kirk Park. Recreation Director Glen White advised the Commission that the Kiwanis wish to install several picnic shelters ,and have agreed that they would install the first two at Kirk Park. The City Manager commended the Kiwanis Club for their fine gesture and recommended that permission be granted the Kiwanis Club to install two park shelters at Kirk Park. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission accept with gratitude the generous offer from the Kiwanis Club and approve the erection of two shelters at Kirk Park. The motion was carriem by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Decision - whether or not the City will accept the County money and dispense with City Library Fees I The County has suggested they will levy just under one mill to non-City residents, and remit 52% of the amount collected (25,000) for support of the Bozeman Municipal Library. This would net approximately $13,000. This levy would be subject to affirmation by the voters at the next election, so can be counted on for one year only. In exchange for this levy and re- mittance, charges of $10.00 per family would be dropped for County resident use of the City Library. Dr. John Parker of the Library Board told the Commission the City is out of compliance with the state statute governing the powers, duties and terms of library boards of trustees. He said, under state law, board terms run five years and under the local ordinance, two. Under Montana Code, the library board has exclusive control of expenditures, the public library fund, construction or lease of library buildings, budget preparations, appointing and setting the pay of the main librarian and operation and care of the library. The library board also can own and hold and dispose of real property in the name of the city, according to state law. City Attorney P1ana1p said he believes Bozeman's laws "are in compliance with the intent" i 1"'" .LL~i 230 of the state library board regulations. He said he had a discussion session with Dr. Parker and researched the matter so a changeover could be effected, if the Commission desires. "He was not aware of any hearings necessary to redraft the ordinance,". "Its just the question of whether the Commission wants to give up their powers." Mayor Sedivy thanked Mr. Parker for his comments. Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission accept Gallatin County's offer of a mill levy which will raise about $13,000 for Bozeman library operations. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson and Mayor Sedivy,those voting No, none. I Decision - Dick Kountz - Zone Code Amendment - Allow solid waste disposal businesses in AS zone Action was delayed on the request of Dick Kountz for a Zone Code Amendment. The applicant seeks a Zone Code Amendment which, if approved, would allow, as a permitted use in the AS zoning district, "Solid Waste Disposal Businesses - except that there shall be no dumping of solid waste on the premises." The City Manager recommended against the establishment of solid waste disposal businesses in an AS zone as he felt sanitation businesses were more suited to industrial zones. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission deny the request to amend the zoning codes to allow solid waste disposal businesses in an agricultural zone. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Signature of Mayor & Clerk - (a) Quit Claim Deed between Trent & City (b) Utility Easement for Sewer It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Mayor and Clerk of the Commission be authorized and directed to sign the Quit Claim Deed between Mr. E. L. Trent and the City of Bozeman and a Utility Easement for the purpose of construction and installation of a sewer line by and between Mr. E.L. Trent and the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Change Order No.1 - SID 603 & 604 - Sanitary Sewer & Watermains - Graf's First Change Order No.1, SID No. 603 and 604 as prepared by Thomas, Dean and Hoskins, Inc., Consulting Engineers, to become a part of the original contract for construction of improvements in the project described was presented as follows: Description: Modification of the 20" transmission water line from Class 52 ductile to 51 ductile. Cost: Deduction - 216 L.F. at $2.32 per L.F. = $501.12 The City Manager concurred in the recommendation of the engineers and recommended that ,the Change Order be accepted and approved as presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Change Order No. 1 on SID No. 603 and 604 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 follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. The City Manager announced his appointment of Mark Bryan as prosecuting Attorney. I Appointment of City Prosecutor - Mark Bryan to replace Mike Kirwin It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission endorse the City Manager's appointment of Mark Bryan as prosecuting Attorney effect- ive May 31, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. ~ ,~'\ ,. Lv) Call for Bids - One 1980 Hydrostatic Driven Rotary Lawn Mower - Sewage Plant I The Sewage Department has need for a new Hydrostatic Driven Rotary Lawn Mower and the City Manager requested authorization to call for bids for the lawn mower. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the purchase as requested be authorized and the Clerk of the Commission be directed to issue a "Call for Bids" with an opening date of June 20, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Request - Police Protective Association - Merle Haggard Wildwood Production - July 26, 1979 The Police Protective Association requested permission to present the Merle Haggard Show on Thursday, July 26, 1979. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request from the Police Protective Association to present the Wildwood Productions, Inc. - Merle Haggard Show. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, those voting No being Mayor Sedivy. Claims The claims for the month of May were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Report of Building Inspector for May The report of the Building Inspector will be listed on the agenda next week for acknow- ledgement and filing. Adjournment There being no further business to come before the City Commission, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ......~:j,l'~ -: ".~~ / ATTEST: I /:7 ~~. :i:~~~RD;N ,CL c . - ':~MMISSION