HomeMy WebLinkAbout1980-01-23
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Bozeman, Montana
January 23, 1980
The Commission of the City of Bozeman met in regular session in the Commission Room
Municipal Building, January 23, 1980 at 1:15 o'clock p.m. Present were Commissioner Vollmer,
I Commissioner Stiff, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and
the Clerk.
Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular
meeting held on Wednesday, January 16, 1980 were approved as corrected.
Absence of Commissioner Swanson - January 23, 1980
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the absence of
Commissioner Swanson, from this meeting, be authorized in compliance with Section 7-3-4319 (1)
(2) Montana Codes Annotated, 1979. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Mathre, and Commissioner Vollmer; those
voting No, none.
Consideration of Sodium Silicofluoride bids
The Water Superintendent having tabulated and evaluated the bids submitted for the pur-
chase of 42,000 lbs. of Sodium Silicofluoride for the Water Department, recommended that the
City accept the bid of Dyce Sales and Engineering Service Co., Inc., Billings, Montana, on the
basis of their low bid in the amount of $19.80 per cwt., for a total of $8,316.00 F.O.B.,
Bozeman, it being the best bid submitted, and equalling or exceeding all specifications as
I advertised in the "Call for Bids".
A bid had been received from VanWaters and Rogers which was postmarked January 17,1980.
They bid $20.19 per cwt. F.O. B. Bozeman.
It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission
concur in the recommendation of the Water Superintendent, also concurred in by the City Manager,
that the award be made to Dyce Sales & Engineering Service Co., Inc., on the basis of their
low bid in the amount of $19.80 per cwt. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, and Commissioner
Vollmer; those voting No, none.
Commission Resolution No. 2160 - Create SID 619 - watermain construction Lea Avenue - Tom Burgener
Commission Resolution No. 2160 creating Special Improvement District No. 619, for the pur-
pose of construction and installation of water lateral mains on Lea Avenue, as prepared by the
City Attorney, was presented, entitled:
COMMISSION RESOLUTION NO. 2160
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.
619 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS
I AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOL-
LOWS: A LATERAL MAIN AND APPURTENANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN.
*
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Commission
Resolution No. 2160, creating SID No. 619, be passed and adopted. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Mathre; and Commissioner Vollmer; those voting No, none.
* THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL,
BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY
APPURTENANCES.
028
Acknowledgement of extended deadline date for University Square Shopping Center
The Planning Director advised the Commission that the final plans to have been filed
with the Planning Office in connection with the University Square Shopping Center had not
been received as of this date.
The Commission concurred in the recommendation of the City Manager, and it was moved I
by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission extend the dead-
line date for a period of another week, until a full Commission is present. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Mathre,
Commissioner Stiff, and Commissioner Vollmer; those voting No, none.
Fillbach - request to place mobile home on residential lot
Mr. Dale Fillbach requested an exception to the zoning regulations to place a fleet-
wood 1978 model trailer house, 14' x 68' with an 8' x 12' slide out living room on the
property located on the east side of Story Mill Road, on the way to the landfill. The
property straddles Rocky Creek on the east side of Story Mill Road.
The purpose of this request is to enable one of Mr. Fillbach's sons to live on the
property, which is near the family home.
In Mr. Fillbach's request, mention was made of an access to the City's reservoir serv-
ing Lyman Creek, presumably granted by Mr. Fillbach over his property.
The City staff pursued the validity of this contention but could find nothing in this
regard.
The Commission concurred in the City Manager's recommendation, and it was moved by I
Commissioner Stiff, seconded by Commissioner Mathre, that the request be delayed for a
period of one week. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Stiff, Commissioner Mathre, and Commissioner Vollmer; those voting
No, none.
Proposed rates for Landfill
A nominal increase in refuse collection rates was imposed effective July 1, 1979. This
reflected the annual costs experienced in the previous year. The City Manager advised the
Commission that such increased costs should now be passed on to users of the landfill, as
suggested in the table below:
Passenger cars, pickups, etc. from $3.00 to $3.50 per load
3/4 to 1~ ton trucks 'I 5.00 to 6.00 II II
1~ ton trucks to 2~ ton trucks II 8.00 to 10.00 II II
Over 2~ ton trucks " 15.00 to 17.00 each
Large tree stumps or trunks II 10.00 to 12.00 II
The staff also proposed the following classification for tires which is not in effect
at the present time:
1/2 to 3/4 ton pickups $ 5.00 per load
1 to 2~ ton trucks 15.00 II II I
2~ ton and over trucks 20.00 " II
The City Manager advised the Commission that most users of the landfill who would be
affected by these increased rates are commercial carriers, stores, and county residents.
City residents who need additional use of the landfill can always appear at City Hall and
receive a free sticker to admit them for an occasional trip to the landfill. He further
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advised the Commission that the City is not trying to penalize commercial interest or non-
residents, but are trying to keep overhead at a minimum.
The Staff would like to initiate a second category of collection involving only tires.
At the present time, tires are mixed with any and all refuse, and disposed of together.
I This presents a problem as tires sometimes work their way to the surface. Tires are vir-
tually non-compressible in a landfill.
FOllowing discussion, it was moved by Commissioner Mathre, seconded by Commissioner
Stiff, that the proposed landfill collection rates be approved as presented. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre,
Commissioner Stif~ and Commissioner Vollmer; those voting No, none.
Report - Linear Park Recreation Path - Railroad Right-of-Way
Recreation Director A. Glen White appeared before the Commission to report on the
recreation path involving the railroad right-of-way. Mr. White submitted a report which
outlined the plans involving the development of the Linear Park Recreation Path.
Mr. White's proposal is that the City of Bozeman, Gallatin County, School District #7
and Montana State University in coordination with other governmental agencies, and private
parties acquire, develop, operate and maintain Linear Trail System with the overall object
of providing a comprehensive system of trails both through and connecting school and park-
lands, and that the railroad right-of-way acquisition priorities be approved by the above
mentioned agencies.
I The City Manager said there would be no motorized vehicles allowed; no snowmobiles or
motorcycles; and only those activities which would not generate noise or problems to the
property. He further stated that since the protestors filed a suit in September in District
Court opposing the sale of the right-of-way, the City has not pursued the plans which called
for initial development of a park from Bridger Drive to South 19th Avenue.
Attorney John Scully representing landowners who claim they have title to the property,
said the right-of-way is not the main issue. He felt that probably many of the landowners
were in favor of the park. The landowners oppose the purchase of the property from the
Milwaukee Railroad. Mr. Scully said he thinks it is wrong to give the railroad $267,000.
without even asking the landowners if they will give the City the right-of-way. The City
would not get a clear title to the land and it would allow the landowners the right to
bring suit.
The City Attorney concurred with Attorney Scully. The City Attorney had reviewed the
possible purchase and determined that the City would not get a warranty deed, which would
give a title free and simple, but a quit claim deed. He advised the Commission that he
had told the City to take no action in purchasing the right-of-way unless a warranty deed
I could be acquired.
Commissioner Stiff felt there was a breakdown in communication with the City and the
public. Commissioner Stiff recommended that every effort be made to improve all phases of
communication.
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It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission
acknowledge receipt of the report on Railroad Right-of-Way submitted by the Recreation Direc-
tor, and that the staff meet with Attorney Scully to clear up the items in question. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. I
Submission of report dealing with building fees
The Building Inspector submitted his report dealing with building permit fees. Mr.
Barrick gave a brief history of the Building Department, both the personnel as well as the
building permit fees.
The Building Inspector said the building permit is issued on the basis of the estimated
value of construction. Knowing this the contractor will usually not give a true value of
his project. In order that the city might issue permits closer to a true value and thus
treat everyone the same, the staff sets a minimum base for all construction. The $23.00
per square foot was not a figure that was pulled out of the air. It was the result of a
good deal of study.
Mr. Barrick said that even with the increase, all inspection fees will be no more than
one percent of the total cost of construction on residences. Commercial construction inspec-
tion is a little higher.
The Building Inspector felt the prices should be raised in order that the department is
self sustained.
One builder was present and told the Commission that the builders did not object to I
an increase in the fees. He said the two concerns contractors have, are that fees stay
proportionate to construction, and that the building inspector remains responsive to build-
ers needs.
Mr. Barrick said the fees would remain proportionate to costs, and that his office and
reports were available to the public.
The City Manager felt that the Mayor and Commissioners should have an opportunity to see
the Building Inspector's report. He further stated the new building rates had gone into
effect on January 1, 1980.
Commission consideration - committee members for Housing Rehabilitation Program
It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that consideration
for membership on the Housing Rehabilitation Review Committee be delayed for a period of one
week until all five members of the Commission are present. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre,
and Commissioner Vollmer; those voting No, none.
Application for Raffle License - Montana Hereford Auxiliary - January 31, 1980 I
The City Manager presented an application from the Montana Hereford Auxiliary, along
with the appropriate fee for a raffle license. The raffle is to be held on January 31, 1980.
It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the application for
the raffle license be approved. The motion was carried by the follOwing Aye and No vote:
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those voting Aye being Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer;
those voting No, none.
Application for Raffle License - Gallatin Association for Retarded Citizens - March 17
The City Manager presented an application from the Gallatin Association for Retarded
Citizens, along with the appropriate fee for a license for a raffle to be held on March
I 17, 1980.
It was moved the Commissioner Stiff, seconded by Commissioner Mathre, that the Com-
mission approve the application for the raffle license. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre,
and Commissioner Vollmer; those voting No, none.
Proposed resolution - County support - Library operation
It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the City
Manager be instructed and directed to draw up a resolution requesting that the County
Commission levy a tax for support for the pUblic libraries in the County without putting
the issue on the ballot. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those
voting No, none.
Approve and file Director of Public Service Report for November
The City Manager commented on the report of the Director of Public Service for the
month of November and recommended it be accepted and ordered filed.
I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission
accept the report of the Director of Public Service and order it filed. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis-
sioner Mathre, and Commissioner Vollmer; those voting No, none.
Adjournment
There being no further business to come before the Commission, it was moved by Commissioner
Mathre, seconded by Commissioner Stiff, that the meeting be adjourned. The motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner
Stiff, and Commissioner Vollmer; those voting No, none.
JAMES VOLLMER, Commissioner
ATTEST:
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, /?::?-'7 --d ./ . - 4!'-
ERNA V. HARDING, , "
Clerk of the City Commission
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