HomeMy WebLinkAbout1979-08-08
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August 8, 1979
Bozeman, Mt. 59715
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, August 8, 1979, at l:15 O'clock p.m. Present were Mayor Sedivy, Com-
missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer,
City Manager Gesko, Ass't City Manager Smith, City Attorney P1analp and the Clerk.
Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes
of the regular meeting held on Wednesday, August 1, 1979, were approved as submitted.
Open Bids - Three (3) four-door Sedans for Police Department
This was the time and place set for opening bids for the purchase of three four-door
sedan cars to be used by the Police Department. The affidavit of publication of the "Call
for Bids" was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, 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 Vande-
venter and Mayor Sedivy, those voting No, none.
The following bid was then opened and read:
Rolfe & Wood, Inc., Bozeman
3-1980 Dodge Aspen 4 door sedans
$21,459.00
Rolfe & Wood, Inc., did not figure the trade-ins of present vehicles.
Following discussion, the Commission concurred with the recommendation of the City
Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the
bid of Rolfe and Wood, Inc., it being the only bid submitted, be referred to the Chief of Police
and City Staff for evaluation and a recommendation to be made to the Commission on Wednesday,
August 15, 1979. 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.
Bozeman Lion Club - Permission for Greater American Entertainment Corporation to sell
tickets for a show to present to children on September 4, 1979 at Willson Auditorium
7:30 p.m.
Ken Beltz of the Bozeman Lions Club was present in regard to selling tickets for a
chi1drens show to be presented by the greater American Entertainment Corporation on Sept-
ember 4, 1979 at 7:30 p.m. at the Willson Auditorium.
Mr. Beltz asked that the license fee for the permit be waived. He was informed that
this could not be done. A license fee of $100.00 must be paid before receiving the permit
to sell the tickets.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the
Commission approve the request of the Bozeman Lion's Club to sell tickets for the Cinderella
show contingent upon receiving a permit and upon all rules and regulatins being met. 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.
Bond Sale SID 598 - Paving improvements - Northwood Drive - Wheat's Subdivision $l50,OOO.00
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. 598.
The Mayor and City Manager outlined the procedure for conducting the bond sale and
stated the amount of bonds to be sold would be the same as the advertised amount.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the
City proceed with the bidding. 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.
There was no one present to bid orally.
The Clerk of the Commission advised the Commission tpat there was one sealed bid.
The bid of Grande & Company of Seattle, Washington was opened and their good faith
check as prescribed by the Notice of the Bond Sale was presented.
Grande & Company of Seattle bid 8.45% plus $15.00
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The City Manager recommended that the City of Bozeman accept the bid of Grande & Company
of Seattle in the amount of 8.45% plus $15.00.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the sale of
bonds for SID No. 598 in the amount of $150,000, be awarded to Grande & Company of Seattle in
the amount of 8.45% plus $15.00, it being the only and best bid submitted. The motion was
carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commis-
sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting
No, none.
Consideration of Construction Bids - SID 598 - Paving Improvements - Northwood Drive, Wheat's
Subdivision - Long Construction - $122,443.00
Morrison-Maier1e, Inc., consulting engineers determined that the natural sub-grade material
on the east half of Nickles Drive is significantly better material than initially anticipated
in establishing the street design section. Therefore, they recommended that the 12 inch thick-
ness of 4 inch minus select borrow be omitted from the typical roadway section between sta.
5+60 and sta. 14+01. This proposed revision in the roadway section will reduce the bid of
Long Construction from $135,703.00 to $122,443.00. Therefore based on the proposed reduction
in the roadway section, Morrison-Maier1e recommended that a contract in the amount of $122,443.00
be awarded to Long Construction Company.
The Commission concurred in the recommendation of the engineers, also concurred in by the
City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that
Long Construction of Billings, be awarded the bid on the basis of their reduced bid and upon
them being the only bidder. The motion was carried by the following Aye and No vote, those
voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis-
sioner MacNab and Mayor Sedivy, those voting No, none.
Public Hearing - Conditional Yse Permit - Melvin G. Anderson - establish Mobile Home space for
caretaker on an M-1 site located west of u.S. 10/1-90 interchange at Bear Canyon
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This was the time and place set for a public hearing to consider the Conditional Use Per-
mit for Melvin G. Anderson.
The applicant seeks approval to establish a mobile home space for a caretaker/owner resi-
dence on an M-1 site which is allowed through the Conditional Use Permit process. The site is
located on Lot 6, Bear Creek Subdivision, just west of the U.S. #10/1-90 interchange at Bear
Canyon.
The Planning Director presented the staff report which recommended approval subject to
the condition that the applicant screen all outside storage areas as required under the Zoning
Code with a solid fence at least six feet in height, not to protrude into the 20-foot required
front yard. This requirement shall be satisfied prior to the use or occupancy of the mobile
home. The applicant shall submit a design for the fencing plan, to include proposed materials,
to the Planning Staff for review and approval from the County Sanitarian as the exact location
of the septic system needed for the mobile home prior to the occupancy of the mobile home.
The City Manager asked what conditions were attached by the Planning Staff.
The Planning Director stated the Planning Staff recommended the following conditions:
1. The applicant screen all outside storage areas as required under the Zoning
Code with a solid fence at least six feet in height, not to protrude into the
20-foot required front yard.
2. The applicant receive approval from the County Sanitarian as to the exact
location of the septic system needed for the mobile prior to the occupancy
of the mobile home.
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3. The applicant shall submit a final site plan indicating the exact location
of the screened outside storage area for dismantled mobile home vehicles
or other materials used in conjunction with the business. Final site plan
shall reflect all other conditions as stated by the Planning Staff and City
Commission before the use of the mobile home is instituted.
The Commission expressed concern over the mobile home being used directly for this partic-
ular use by the applicant.
Commissioner Vandeventer inquired as to whether the mobile home would be removed if the
present business were sold or if a different use were instituted.
The Planning Director stated a condition could be attached whereby the mobile home
would have to be removed if the business were sold or ownership changed. Commissioner Vande-
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venter strongly suggested that it be a condition to remove the mobile home if the business
were sold or ownership was changed.
The Mayor declared the public hearing closed and a decision will be made on Wednesday,
August 15.
Public Hearing - Conditional Use Permit - Montana Industrial Development Corporation - construct
building on Block 2 - Bridger Center Subdivision - Roller Rink
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This was the time and place set for a public hearing to consider the Conditional Use
Permit for Montana Industrial Development Corporation. The applicant seeks to add a roller
skating rink within a building that received a conditional use permit approval on January
5, 1977, that allowed construction of a building on Block 2 of Bridger Center Subdivision.
The Planning Director presented the Staff report which recommended approval subject to
six conditions.
The City Manager explained that the conditional use was for the establishment of a
Roller Rink.
There being no one present to speak in favor of or in opposition to the conditional use
permit, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday,
August 15, 1979.
Commission Resolution No. 2089 - Intent to Create SID 615 - Sewer Instal1tion - Burrup
Annexation - Public hearing August 29, 1979
Commission Resolution No. 2089, declaring the intention to create SID No. 615, for the
Sanitary Sewer Trunk installation on Highway 10 along the Burrup Annexation, as prepared by
the City Attorney was presented.
COMMISSION RESOLUTION NO. 2089
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A
SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS-
TRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A
SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROP-
ERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND
(12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY
10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA.
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THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, IN-
STALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MAN-
HOLES, AND OTHER NECESSARY APPURTENANCE THERETO.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Com-
mission Resolution No. 2089 be passed and adopted, and August 29, 1979, be the date set for
public hearing. The motion was carried by the following Aye and No vote, those voting Aye
being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer,
and Mayor Sedivy, those voting No, none.
Consideration of System 34 - IBM Computer System
The City Manager informed the Commission that sometime ago the City had placed an order
for the System/34 IBM computer. He further advised the Commission that the time has come to
make a decision before the computer is built.
The City leases the machine now being used by the City for $1,775.00 per month and on
October 1, 1979, the lease price will increase to $1,833.00 per month. For just $53.00
more per month, the City can obtain a System/34. The System/34 would be the equivalent of
having two System/32's, plus.... The System/34 is at least twice the computer the System/32
The Mayor felt this discussion might take three or four hours and suggested that a
special meeting be held for this purpose. The other Commissioners felt as the Mayor did.
It was moved by Commissioner MacNab ,seconded by Commissioner Vollmer, that a Special
Meeting be held on Tuesday, August 14, 1979 at 7:00 p.m. 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.
is.
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Evaluation of Thomas, Dean & Hoskins, Inc., engineering contract - Amendment #6
Mr. T.H. Thomas of Thomas, Dean & Hoskins, Inc., appeared before to present a breakdown
of the engineering costs incurred on the Environmental Protection Agency project to date along
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with an amendment to their original Agreement. Amendment No. 6 increases the contract amount
to $70,000.00. Thomas, Dean & Hoskins, Inc. submitted an itemized statement to the staff, of
all the time and costs incurred to date which is $61,793.00. The reason for suggesting $70,000.00
is that the EPA may want additional data. If additional data is not necessary, the only amount
the City will pay is the time involved in the project to be determined at the time it is finally
approved.
Jim Cummings of Thomas, Dean & Hoskins, Inc., showed the Commission what has been involved
in this project in the last eighteen months.
Mr. Thomas stated that out of the $61,793.00, $10,518.00 is out of the pocket expenses.
The majority of this amount is for outside consultants. Thomas, Dean & Hoskins, Inc., had
four different individuals all with PHD's who provided input which went into the plans, all
of which were requested by EPA.
Mr. Thomas advised the Commission that they submitted a month by month break down for the
summary which was done month by month. The time sheets for all of the costs have been substant-
iated. The additional amendment to the Agreement will be sent to EPA for review and they will
pay 75% of the cost when they approve the final sewer facilities plan.
The Commission concurred in the recommendation of the City Manager, and it was moved by
Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve Amendment
No. 6 not to exceed seventy-thousand dollars, with the exception that the final payment may
be adjusted with Owner's approval to reflect the work actually accomplished. The motion was
carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com-
missioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No,
none.
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It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission
approve payment of $61,793.11 less 10% to Thomas, Dean & Hoskins, Inc. 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.
Mr. Thomas also brought up the work that was done in connection with the suit against
the City by EPA for non-compliance of a discharge permit in the amount of $8,046.00. The Com-
mission instructed Mr. Thomas to submit his bill through former City Attorney Ben Berg, who
is handling the case for the City.
Proposed amendment to Dog Ordinance
The Commission acknowledged receipt of the proposed amendment to the dog ordinance and
recommended that it be brought up for further discussion on Wednesday, August 15.
Approve plans and specifications - SID 608 - paving Figgins 4th - $374,000 paving E. Garfield
Street between Tracy & C.M. Railroad - $30,000 - Bid opening August 29, 1979 - Bond Sale
September 5
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The City Manager recommended that the plans and specifications for SID No. 608 paving
Figgins 4th, and SID No. 614 paving E. Garfield Street between Tracy Avenue and Chicago, Mil-
waukee Railway as prepared by Thomas, Dean and Hoskins, Inc., be approved.
Upon recommendation by the City Manager, it was moved by Commissioner Vollmer, seconded
by Commissioner Swanson, that the plans and specifications be approved as presented. Also
that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for
the construction of SID No. 608 and 614 with an opening date of August 29, 1979. The Clerk
of the Commission was also authorized and directed to advertise for bids for the sale of bonds
in the amount of $374,000 for SID No. 608 and $30,000 for SID No. 614 to be received September
5, 1979. 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.
Consideration of firms to conduct annual City Audit
The Commission advertised for eligible firms to conduct the annual City Audit. Interviews
were conducted with the firms interested and a joint venture proposal was received from two
auditors.
The City Staff having reviewed the various audit proposals recommended a joint venture
audit proposal submitted by Ve1tkamp, Dore & Company and Holmes & Turner.
The City Manager said the City has an option to select a private firm to do the audits
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subject to Department of Communi.ty Affairs approvaL
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com-
mission approve the joint venture audit submitted by Ve1tkamp, Dore & Company and Holmes &
Turner. The motion was carried by the following Aye and No vote, those voting Aye being Com-
missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and
Mayor Sedivy, those voting No, none.
Request to Authorize Domestic Well at Landfill
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Potts Drilling Company agreed to extend his period sixty days, until the City knew
whether or not it would be operating within its budget.
The Bid was for $6,688.00. The City Engineer and the low bidder estimate we can save
as much as $1,600 from this bid, given certain favorable circumstances.
The City Manager recommended that the Commission approve the bid of Potts Drilling for
this landfill well.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com-
mission accept the bid of Potts Drilling in the amount of $6,688.00 it being the lowest bid
and meeting or exceeding specification in the "Call for Bids". 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.
Request from Downtown Merchant's Assn. - Conduct Downtown Fun Fest 8/18/79
A letter received from Jim Zimbric of the Downtown Merchants Association, requesting per-
mission to hold a Downtown Fun Fest, was presented. The Downtown Merchants hope to have some
local non-profit organizations to man booths along the sidewalks between Rouse and Willson
Avenues.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission
approve the request for the Downtown Fun Fest, and that a deposit of $100.00 be charged to in-
sure cleaning up the area. The $100.00 deposit will be returned upon recommendation of the
Commission. 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.
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Official designation by Commission of Sourdough Trail
A short discussion was held in regard to the official designation of Sourdough Trail.
Commissioner MacNab suggest that a decision not be made until there is some clarification of
the creek.
Establish Revenue Sharing Hearing Date - Public hearing August 29
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Wednesday,
August 29, 1979, at l:l5 o'clock p.m. be the date set for a public hearing for the purpose of
establishing the use of Federal Revenue Sharing Funds for the current fiscal year. 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.
Application for Beer License - U.P.S. Picnic August ll,1979 at Bogart Park
The City Manager presented an application from United Parcel Service along with the
required fee for the purpose of obtaining a beer license for a picnic to be held on August 1l,
1979, at Bogart Park.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the
license be granted and 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.
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Change Commission meeting from Wednesday, September 12, to Tuesday, September 1l, 1979
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that since the
Montana League of Cities and Towns Convention is to be held in Bozeman from September 12 thru
the l5th, the Commission Meeting be changed from Wednesday, September 12, to Tuesday, September
11. The motion was carried by the following Aye and No votes, those voting Aye being Commis-
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sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor
Sedivy, those voting No, none.
Acknowledge & file reports - Director of Public Service - Police Court
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The City Manager commented on the report of the Director of Public Service and the Police
Court report and recommended they be acknowledged and ordered filed.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the reports
be acknowledged and ordered filed. The motion was carried by the following Aye and No vote,
those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com-
missioner Vandeventer and Mayor Sedivy, those voting No, none.
Adjournment
There being no further business to come before the City Commission, it was moved by
Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned.
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.
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ATTEST:
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ERNA V. HARDING, CtERK OF C SSION
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