HomeMy WebLinkAbout1977-09-14
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Bozeman, Montana
September 14, 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, September 14, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Acting City Manager Murie,
City Attorney Berg and the Clerk.
Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular
meeting were approved as submitted. I
$400,000 Bond Sale for Senior Center
The Acting City Manager stated that according to the affidavit of publication, this was the
time and place set for the bond sale of the Senior Citizens Center.
The Mayor and Acting City Manager outlined the procedure for conducting this bond sale and
stated the amount of bonds to be sold would be the same as the advertised amount. The Commission
was advised that the oral bidding would begin followed by reading the sealed bids. The City
Attorney pointed out that the object of the City was to secure the lowest possible bid so that
oral bidding would be allowed after the opening of the sealed bids.
It was moved by moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the
bidding begin, and 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.
It was then announced that oral bids for the purchase of the bonds in accordance with the
Notice of Sale would be received. The following bidders, having presented good faith checks as
prescribed by the "Notice of Sale", then submitted oral bids and the final best oral bids sub-
mitted by each of said bidders were as follows:
D. A. Davidson & Company, Great Falls - 4.49% plus $165 premium
E. F. Hutton, Denver - 4.60%
E. J. Prescott, Minneapolis - 4.28%
Piper Jaffrays & Hopwood, Inc., Minneapolis - 4.27%
The following sealed bids, along with good faith checks as prescribed by the "Notice of
Sale", were then read, and the final best sealed bids submitted by each of said bidders were as I
follows:
Allison Williams Co., Minneapolis - 4.7443%
First National Bank, St. Paul - 4.495%
Following the recommendation of the Acting City Manager, it was moved by Commissioner Vollmer,
seconded by Commissioner Swanson, that the bid of Piper, Jaffrays & Hopwood, Inc. , in the amount of
4.27%, it being the lowest and best bid submitted, the sale of the bonds be awarded to Piper,
Jaffrays & Hopwood, and the bid security of the unsuccessful bidders be returned. 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.
SID Nos. 577 and 579 Bond Sale
The Acting City Manager stated that according to the affidavit of publication, this was the
time and place set for the bond sale of Special Improvement District Nos. 577 and 579.
The Mayor and Acting 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 Swanson, seconded by Commissioner Vandeventer, that the bidding
begin, 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.
It was then announced that oral bids for the purchase of the bonds for SID No. 577 in accordance
with the Notice of Sale would be received. The following bidders, having presented good faith
checks as prescribed by the "NOtice of Sale", then submitted oral bids and the final best oral I
bids submitted by each of said bidders were as follows:
D. A. Davidson & Company, Great Falls - 6.90% plus $150 premium
First National Bank, Bozeman - 6.90% plus $200 premium
The sealed bid from Grande & Co. of Seattle in the amount of 6.60% was submitted. Oral
bidding continued and the final best oral bid was First National Bank of Bozeman in the amount
of 6.59%.
Following the recommendation of the Acting City Manager, it was moved by Commissioner
Vandeventer, seconded by Commissioner MacNab, that the bid of First National Bank of Bozeman
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in the amount of 6.59%, it being the lowest and best bid submitted, the sale of the bonds be
awarded to First National Bank of Bozeman, and the bid security of the unsuccessful bidders be
returned. The motion was carried . . . .
The Mayor announced that the City was now ready to conduct bidding for the purchase of the
bonds for SID No. 579. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer,
that the City proceed with the bidding of SID No. 579. The motion was carried by the following
I 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 bidders, having presented good faith checks as prescribed by the "Notice of
Sale", then submitted oral bids and the final best oral bids submitted by each of said bidders
were as follows:
First National Bank, Bozeman - 5.5%
First Security Bank, Bozeman - 5.6%
First Security Bank, West Yellowstone - 6.0%
There were no sealed bids.
Following the recommendation of the Acting City Manager, it was moved by Commissioner
Vollmer, seconded by Commissioner Swanson, that the bid of First National Bank of Bozeman in the
amount of 5.5%, it being the lowest and best bid submitted, the sale of the bonds be awarded
to First National Bank, and the bid security of the unsuccessful bidders be returned. 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.
Review of the World Family School - 120 East Story Street
A letter by Mr. William Nikola-Lisa of the World Family School requesting that the condi-
tional use permit which the World Family School now has be extended to include a day care center
was presented.
The Acting City Manager said that there haven't been any complaints received from the sur-
I rounding neighborhood and recommended that a day care center be allowed. The Mayor request the
Street Department to check into the puddle that develops during Spring and rain on the street in
front of the center.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that a day care
center be allowed not to exceed twelve children, and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner
MacNac, Commissioner Vollmer, and Mayor Sedivy; those voting No, none.
Consideration of Construction Bids - SID Nos. 577 and 579
A letter from Mr. James Cummings of Thomas, Dean & Hoskins, Inc. , the City's engineering
consultants, was presented recommending that the award be made to Long Construction Company based
on their bid of $84,738.25 for SID No. 577 and $9,689.50 for SIn No. 579.
The Acting City Manager concurred with the above recommendation, and it was moved by Commis-
sioner Vandeventer, seconded by Commissioner MacNab, that the award be made to Long Construction
Company based on their bid of $84,738.25 for SID No. 577 and $9,689.50 for SID No. 579. 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.
Clark Bronson - Interpretation of accessory uses used to include workshop area for sculptoring
Attorney James McLean made a presentation before the Commission giving his interpretation
of accessory uses in which Mr. Clark Bronson is requesting the use of an artists's studio as a
separate structure from his home dwelling.
I The Building Inspector felt that the studio should be in the home and not a separate structure.
The City Attorney agreed with Attorney McLean that the primary use of the building is as a home and
the secondary or incidental use, such as a studio, would be allowed in Accordance to Section 18.06.020.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the studio be
allowed as a separate structure, and 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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Discussion regarding restriction of parking on Garfield from Willson East to Railroad
Commissioner MacNab, recommended that because of the hazardous traffic developing that no
parking be allowed from Willson to the railroad on the north side of Garfield.
Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner
Swanson, to deny parking from Willson to Black on the north side of Garfield, and 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 I
voting No, none.
Reconsider decision on zone change from Frank J. Trunk - Reclassify an 8.3 acre parcel from R-3 to
B-2 North of and adjacent to King Arthur Mobile Home Park and fronts on US Highway 191
A letter requesting that the Commission reconsider their recent decision and refusal to reclas-
sify an 8.3 acre parcel from R-3 (Residential-Medium Density) to B-2 (Community Highway Business) by
Frank J. Trunk was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that a decision be
rescheduled to September 28 until the City Manager is present, and 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.
Commission Resolution No. 1906 - Intent to annex American Legion Tract
Commission Resolution No. 1906, declaring the City Commission's intention to extend the
boundaries of the said City of Bozeman to be known as the Legion Housing Annexation Tract, entitled:
COMMISSION RESOLUTION NO. 1906
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND
OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN,
AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID
CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE
CORPORATE LIMITS THEREOF.
as prepared by the City Attorney was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission
Resolution No. 1906 be passed and adopted and that the Notice in Re be published two consecutive I
weeks, and that October 5 be the date set for public hearing. 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.
Authorize purchase of 6,000 3/4" copper tubing at 0.6355 delivered FOB Bozeman - Water Department
The Water Department has a need for 6,000 3/4" copper tubing and the Acting City Manager
requested authority to purchase this material.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the purchase of
6,000 3/4" copper tubing be authorized, and 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.
Authorize to call for bids - new 4-wheel drive pick-up truck - Water Department
The Water Department has a need for a 4-wheel drive pick-up truck, and the Acting City Manager
requested authority to call for bids for the purchase of this truck.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the purchase
of a new 4-wheel drive pick-up truck be authorized and the Clerk of the Commission be directed to
issue a "Call for Bids" for the purchase to be received and opened on Wednesday, October 5, 1977.
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.
Claims
The payroll claims and the general claims for the month of August were presented. The I
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 Vandeventer, seconded by Commissioner MacNab, that the claims
be approved as presented. 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.
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Reports: Monthly Building
The following report was presented: Monthly Building
The Acting City Manager commented on the report and recommended it be accepted and ordered filed.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the report be
approved and ordered filed. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner
I Vandeventer, and Mayor Sedivy; those voting No, none.
Authorize Commissioners, City Manager, Fire Chief, Superintendent of Recreation, City Attorney,
Director of Finance, and the Clerk of the Commission to attend the Montana League of Cities and
Towns 46th annual convention in He1ena- September 21-24
The Acting City Manager reminded the Commission of the upcoming annual convention of the
Montana League of Cities and Towns to be held on September 21-24 in Helena, Montana. The Acting
City Manager recommended that the City Commission, City Manager, Fire Chief, Superintendent of
Recreation, City Attorney, Director of Finance, and the Clerk of the Commission be authorized to
attend this convention.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that they concur
in the Acting City Manager's recommendation, and 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.
Gambling License for Thomas L. Weg1ey - Scoop Bar
The Actin g City Manager presented an application from Thomas L. Weg1ey, Scoop Bar, 714
West Main, along with the appropriate fee of $500 for a gambling license for the purpose of
operating two tables.
Upon the Police Chief's recommendation, also concurred in by the Acting City Manager, it
was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the application for
the issuance of a gambling license be denied based upon the false information supplied. 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
I voting No, none.
Absence of Commissioner MacNab - September 20, 1977
Upon recommendation of the Acting City Manager, it was moved by Commissioner Vollmer,
seconded by Commissioner Swanson, that the absence of Commissioner MacNab, from the meeting of
September be authorized in compliance with Section 11-3245, R.C.M., 1947, and the motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis-
sioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none.
Consideration of drafting an ordinance to outlaw any religious, or pseudo-religious group, not
headquartered in Bozeman, to conduct any type of fund-raising activity
A proposal whereby the City investigate religious groups not headquartered in Bozeman be
required to have a city license, a statement showing the use of the contributions plus expenses,
and a collection envelope to potential donors was presented by Commissioner Vandeventer.
After the City Attorney expressed reservations about such a religious ordinance, it was
moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Attorney be
instructed to consider the feasibility of drafting an ordinance dealing with out-of-town religious
groups. The motion was carried by the following Aye and No vote: those voting Aye being Commis-
sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor
Sedivy; those voting No, none.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned, and
I the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, anq, Mayor Sedivy;
those voting No, none. ./
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ATTEST:
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ERNA V. HARDING------.-/
Clerk of the City Commission
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