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HomeMy WebLinkAbout1980-02-06 L.L, 0 ' { 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: , '" '.;- ,:+ J. 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 '-',4') , "- 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. --- , 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 !:4L~ 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. ,I r, L"I" ''1'' ...J 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: f ~ 44"Z.rl/ // -. a , ..' ' ERNA V. HARDING Clerk of the City Commission I I