HomeMy WebLinkAbout1980-02-06
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Bozeman, Montana
February 6, 1980
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, February 6, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab,
Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City
Manager Gesko, Acting City Attorney Johnstone, and the Clerk. I
Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regu-
lar meeting held on Wednesday, January 30, 1980 were approved as submitted.
Decision - Zone Map Change - AS to M-1, John Mandeville - 13 acres west of and adjacent to
Burlington Northern Railway & S.W. of U.S. No. 10
Mr. Mandeville's request for a Zone Map Change from AS to M-1, having been continued
for a period of one week, was again presented.
Lloyd Mandeville appeared on behalf of his father, John Mandeville, to discuss their
primary concern regarding the Zone Map Change: the Waiver of Protest required by the City.
They apparently do not object to the waiver per se, as long as it does not occur prematurely,
or does not impose financial Obligations before annexation would, to serve abutting properties.
They voiced objection to being included in an SID for trunk utilities to serve abutting
property. . . . .
The City Manager suggested he would meet with the petitioner to attempt an understand-
ing regarding the Waiver of Protest, with the hope that a document could be drafted which
would protect the petitioner during a satisfactory interval, and yet not thwart efforts of
the City to annex the proposed industrial area at the appropriate time.
It was moved by Co~issioner Vollmer, seconded by Commissioner Stiff, that the City
Manager be directed to meet with the petitioner in regard to the above matter. The motion was
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. I
Acknowledgement of extended deadline date for University Square Shopping Center
The Planning Director advised the Commission that the final plans in connection with
the University Square Shopping Center had been received but that there are some minor
details on one of the plans that have not been completed and, therefore, recommended denial
of the building permit.
The City Manager recommended that the Commission approve the building permit with the
condition that the doors be installed on the trash enclosures.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commis-
sion approve the building permit with the above condition. The motion was 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.
Open Construction Bids - SID No. 599 - Paving & Storm Drain Bomont Center
SID No. 605 - Paving & Storm Drain Graf's First
SID No. 611 - Paving & Storm Drain Woodridge Addition
SID No. 613 - Paving & Storm Drain No. Broadway
Paving & Storm Drain - Dickerson from 18th to 19th
This was the time and place set for opening bids for paving and storm drain construction
on Bond Street, Gold AVenue and Bryant Street in Bomont Center and Industrial properties Sub-
division - SID No. 599, Kenyon, Baxter, Chambers and O'Connell Drives, all in Graf's First
Addition - SID No. 605, Heritage Drive and Silverwood Drive in the Woodridge Addition - SID
No. 611, Broadway Avenue from Mendenhall to Avocado Streets - SID No. 613, and paving & storm I
drain construction on Dickerson Street from 18th to 19th Avenue.
The affidavit of publication for the IICall for Bidsll as advertised was presented.
The City Manager inquired if there were any bond buyers present to bid on the above
bonds. The Clerk of the Commission advised the Commission that D. A. Davidson and Grande &
Company had presented their good faith checks.
The Commission concurred in the recommendation of the consulting engineer, and it was
moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be opened and
read:
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The bids for SID No. 599, 605, 611, and 613 were then opened and read:
Dugdale Construction - Butte - $737,477.00
Long Construction - Billings - 762,604.75
Rehbein Contractors - Plains - 812,364.50
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids
I be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., and the City staff
for tabulation and a recommendation to be made on Wednesday, February 13, 1980. The motion
was 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.
The bids for paving and storm drain construction on Dickerson Street from 18th to 19th
Avenue were opened and read:
Big Sky Paving, Inc., - Bozeman - $39,603.15
Long Construction Co., - Billings - 28,504.00
Rehbein Contractors - Plains - 36,034.00
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the bids be
referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., and the City staff for
tabulation and a recommendation to be made on Wednesday, February 13, 1980. The motion was
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.
Sale of Bonds -
a) SID No. 599 & storm drain - Bomont Center - $300,000
b) SID No. 605 & storm drain - Graf's First - 300,000
c SID No. 611 & storm drain - Woodrid e Add.- 115,000
d SID No. 613 & storm drain - No. Broadwa - 190,000
The City Manager stated that according to the affidavit of publication, this was the
I time and place set for the bond sale of Special Improvement District No. 599, 605, 611, 613.
The Mayor and City Manager outlined the procedure for conducting this bond sale and
stated the amount of bonds to be sold for each district would be the same as the advertised
amount.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City
proceed with the bidding of SID No. 599, 605, 611, 613. The motion was carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis-
sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none.
The Clerk of the Commission advised the Commission that there were no sealed bids.
D. A. Davidson and Company, Great Falls, presented their good faith check as prescribed
by the Notice of the Sale for SID No. 599 in the amount of $15,000.00.
D. A. Davidson and Company bid 10.25%.
The bidding was closed on SID No. 599.
D. A. Davidson and Company, Great Falls, presented their good faith check as prescribed
by the Notice of the Sale for SID No. 605 in the amount of $15,000.00.
D. A. Davidson and Company bid 10.50%.
The bidding was closed on SID No. 605.
Grande & Company of Seattle, presented their good faith check as prescribed by the Notice
of the Sale for SID No. 611.
Grande & Company bid 9.25%.
I D. A. Davidson and Company, Great Falls, and Grande & Company of Seattle, presented their
good faith checks as prescribed by the Notice of the Sale for SID No. 613.
D. A. Davidson bid 9.05% plus $200.00 premium
Grande & Company bid 8.95%.
The City Manager recommended that the City of Bozeman accept the bid of Grande & Company,
, Seattle, in the amount of 9.25% for SID No. 611, and 8.95% for SID No. 613.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the sale of the
bonds for SID No. 611 in the amount of $115,000.00 be awarded to Grande & Company, Seattle, at
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an interest rate of 9.25%, and that the bonds for SID No. 613 in the amount of $190,000.00
be awarded to Grande FA Company, Seattle, at an interest rate of 8.95% based upon their low
bid, and that the good faith check from D. A. Davidson & Company for SID No. 613 be returned
to them. The motion was 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.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commis- I
sion direct the City Manager to negotiate for the sale of the bonds for SID No. 599 and
605. The motion was 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.
Work Plan - Planning Staff
A proposed work plan outlining the projects in which the Planning Staff could be engaged
during the coming year was presented for discussion.
The items outlined have been suggested based on normal office practices and established
responsibilities. Although the topics have been listed in numerical sequence, it is not
possible to arrange items in a strict priority basis. Rather, it might be useful to con-
sider that any of the items that will finally comprise a work program be viewed as those
items to receive attention by the Planning Board during the coming year. Rea 1 is t i ca 11 y ,
several of these items will probably be reviewed simultaneously with the likelihood that one
item will be completed although strict adherence to a priority system may not be totally
realized.
The proposed work plan outlining the projects was continued for one week for further
study.
Fillbach - placement of mobile home on residential lot
The City Manager and several staff members visited the site on which Mr. Fillbach pro-
poses to place his mobile home. They also discussed the matter with Mr. Fillbach. I
Mr. Fillbach amended his request for the placement of the mobile home so that the
exception would be for a permit to place a mobile home on the ten acre lot for a period of
two years.
Mr. Fillbach was present to discuss the area in question. Following a thorough discussion,
it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission
direct the City Attorney to draft an Agreement for the placement of a mobile home on a 10
acre parcel of land, east of Story Mill Road a distance of approximately 1300 feet, for a
period not to exceed two years. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis-
sioner Swanson, and Mayor MacNab; those voting No, none.
Ordinance No. 1046 - Annexation of Buronepe property
Ordinance No. 1046 annexing a tract of land starting at the point of intersection between
the West line of Section 11, T2S, R5E, and the North side of the right of way of U.S. Highway
191; thence a distance of 742.0' and a bearing of North 89014' east along the north side of
said highway to the point of beginning which point is at the southeast corner of a plot of
land owned by the State Fish and Game Commission; thence in a northerly direction parallel to
the west side of Section 11 a distance of 300.0'; thence at a right angle to the West side of
Section 11) in an easterly direction of 150.0'; thence in a southerly direction and parallel
to the west side of Section 11 a distance of 300.01; thence in a westerly direction along the
north side of U.S. Highway 191 right of way a distance of 150.0' to the point of beginning, all I
lying in the Southwest quarter Southwest quarter of Section 11, T2S, R5E, M.P.M., and known
as the Buronepe property, as prepared by the City Attorney, was presented, entitled:
ORDINANCE NO. 1046
AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS CONTIGUOUS TO THE CITY
OF BOZEMAN, MONTANA.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Ordinance No.
1046 be passed and adopted. The motion was 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.
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It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission
amend the motion to read--to become effective April 1, 1980. The motion was 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.
Ordinance No. 1047 - Annexation of Stratford property
I Ordinance No. 1047 annexing a tract of land in the Southeast Quarter of the Southwest
Quarter of Section 11, T2S, R5E, M.P.M. Gallatin County, containing 3.163 acres, and known
as the Stratford property, as prepared by the City Attorney, was presented, entitled:
ORDINANCE NO. 1047
AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS CONTIGUOUS TO THE
CITY OF BOZEMAN, MONTANA.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Ordinance
No. 1047 be passed and adopted. The motion was 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.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the motion
be amended to read--to become effective April 1, 1980. The motion was carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner ~1athre, Commissioner Vollmer,
Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none.
Accept and file - Director of Public Service report
The City Manager commented on the report of the Director of Public Service and recommended
acceptance thereof.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the report
of the Director of Public Service be accepted and ordered filed. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner
I Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none.
Continued hearing - Zone Map Change AS to RS-1 - Michael Nash - 16 acres bounded by 1-90 on
the North, Sunset Heights Subdivision on the West, and Clover Meadows Subdivision on the South
Mr. Nash's request for a Zone Map Change from AS to RS-1, having been continued for a
period of one week, was again presented.
The Planning Director summarized the staff report, and based on the findings and con-
clusions contained in the report, recommended approval of the Zone Map Change from AS to RS-1.
Mr. Nash was present to answer any questions that might arise.
The Mayor declared the pUblic hearing closed and a decision will be forthcoming on
Wednesday, February 13, 1980.
Decision - Zone Map Change RS-1 to R-2, Eugene Graf - 17.295 acres adjacent to and north of
Graf's First Addn. and west of and adjacent to New Hyalite View Subdivision
The decision on the request of Eugene Graf for a Zone Map Change from RS-l to R-2, hav-
ing been delayed for a period of one week, was brought before the Commission for a decision.
FOllowing discussion, the Commission concurred with the recommendation of the Bozeman
Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner
Mathre, seconded by Commissioner Vollmer, that the Commission approve the Zone Map Change
from RS-1 to R-2 contingent upon successful annexation of this property. The motion was
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.
I Informational meeting - proposed water rates
The subject of proposed water rates was again brough before the Commission. The City
Manager advised the Commission that the consultants are working on the final rates to be
considered for approval.
A letter received from William J. Tietz, President of Montana State University was
read.
In Mr. Tietz1s letter, he advised the Commission, that at the last recommended water
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rate increase, Montana State University thought it necessary to not only notify the Mayor
and City Commission, but the Public Service Commission as well, that although they recog-
nized the need for the water rate increase suggested by the consultant, they objected to
any decision to implement such large increases in one move. They suggested to both the
Mayor and to the Public Service Commission that rate increases of this magnitude should
be phased in over a several year period. Any other alternative creates a heavy burden
for the average household. I
He further stated the University receives their appropriation for a two year period
without any contingency funds being available. Increase of the magnitude proposed will
require programatic reductions if they are to be accommodated.
The City Manager said the City's needs for a rate increase are immediate. If the
rate increases were phased in the City would never catch up.
The City Manager said the City would carry Montana State University until the Legis-
lature could appropriate enough money to cover the University's bill.
Consideration of application for solidwasterecycling grant
Consideration of the application for a solid waste recycling grant was continued for
a period of one week.
Correction - re Committee members for Housing Rehabilitation Program
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission
amend the Rehabilitation Loan/Grant Review Committee to replace Mr. Emil Erhardt of the First
Security Bank with Mr. Joe Johnson. The motion was 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.
Application for Bingo License - Bozeman Sr. Social Center to June 30, 1980
An application received from the Bozeman Senior Social Center, along with the appropriate
fee for a Bingo license for one-half year ending June 30, 1980, was presented.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission I
approve the application for the Bingo license but that they do not waive the fee. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those vot-
ing No, none.
Proposed By-Laws of Rehabilitation Loan/Grant Review Program
A proposed set of By-laws for the Rehabilitation Loan/Grant Review Program was submitted
for discussion.
The Commission concurred in the recommendation of the City Manager, and it was moved by
Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the By-laws
as submitted. The motion was 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.
Approval of Civil Defense disaster procedure - Hank Wruck
Henry Wruck, County Civil Defense Director, appeared before the Commission to explain the
Civil Defense disaster procedure, and to impress upon all concerned the significance of follow-
ing appropriate procedures in the event of a civil defense disaster.
The significance is that, should reimbursement be sought for expenses under such a declared
disaster, appropriate steps must have been taken to assure such reimbursement.
The Commission thanked Mr. Wruck for his thorough report in connection with the Civil
Defense disaster procedure. I
Report of Building Inspector
The report of the Building Inspector was presented for acknowledgement and filing on
Wednesday, February 13, 1980.
Adjournment
There being no further business to come before the Commission, it was moved by
Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be adjourned.
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The motion was 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.
I DUNCAN S. MACNAB, Mayor
ATTEST:
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ERNA V. HARDING
Clerk of the City Commission
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