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HomeMy WebLinkAbout1977-11-16 339 t . Bozeman, Montana 16 November 1977 The Commission of the aty of Bozeman met in regular session in the Commission Room, Municipal Building, November 16, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Swanson, City Manager Gesko, City Attorney Berg and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on November 9, 1977, were approved as submitted. Open Bids - Sewer Rehabilitation This was the time and place set for opening bids for the construction of Sewer Rehabilitation. The affidavit for 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 Vandeventer and Mayor Sedivy; those voting No, none. The following bids were then opened and read: Mike Boylan Excavating, Bozeman Schedule II $142,942.10 Clause Excavating, Warden, MT. Schedule II 161,262.00 Intermountain Construction, Bozeman Schedule II 148,788.50 Lloyd C. Lockrum, Billings, MT. Schedule II 221,143.90 Gelco Grouting, Salem, Oregon Schedule I 204,695.25 Rodding Cleaning Machines, Inc. , Schedule I 257,673.20 Los Angeles, CA White-McNeil Excavating, Bozeman Schedule II 138,425.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the engineering staff for review and a recommendation to be brought in on Wednesday, November 23, 1977 . The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, I and Mayor Sedivy; those voting No, none. Decision Re - Zone Change Perry Metcalf - AS to RS-l 10-Acre Tract The decision on the request of Perry Metcalf to reclassify a 10 acre tract of land from AS to RS-l having been deferred for another week, was again presented to the Commission. The City Attorney said that if the right-of-way met with the approval of the City Commission they could endorse the request for a zone change from AS to RS-l if they so wished. Mr. Metcalf would have to dedicate and record the right-of-way, and close it to the public. The Zoning Commission, having held a public hearing approved Mr. Metcalf's zone change from AS to RS-I on a 10 acre tract of land located approximately 1,320 feet north of Baxter Lane adjacent to, north and west of the Baxter Lane Subdivision, by a 3 to 2 vote and recommended approval thereof to the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Comm- ission approve the zone change from AS to RS-l. During discussion of this motion, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission amend the motion to approve the zone change with the condition that a sixty-foot east/west right-of-way through the property be dedicated. Those voting Aye on the amendment to the motion were Comm- issioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sedivy; those voting No, none. Those voting Aye on the amended motion were Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sedivy; those voting No, none. I Consideration of Stop Signs - South Willson Avenue The City Engineer and his staff, also supported by the Pedestrian/Traffic Safety Committee, having evaluated the possibility of placing stop signs - either manual or electric -- on South Willson Avenue summed up the situation as follows: 1. First, stop signs do not slow down traffic. They have been found to do the opposite, that is to speed it up between signs. 2. There is at this time insufficient traffic on the cross streets to warrant a four-way stop or signal light. For the City to install either a four-way stop or a traffic signal where it cannot be warranted by the manual on Uniform Traffic Control Devices, the City would be liable for accidents attributed to the placing of such devices. - -~~ 340 3. Traffic counts on South Willson are sufficiently heavy that if a four-way stop were installed, the spacing between cars would cause a pile up of traffic on Willson with some cars trying to speed through adjoining narrow streets. We would then experience the high accident rates on Grand and Tracy that we have on Olive now. I think that if we put signal lights on Willson, we will, at the same time, make Willson a four-lane, no parking arterial. 4. Studies by the engineering staff showed that at no time did ped- estrian traffic have to wait the 60 seconds that the manual uses I as a warrant for signals for pedestrian safety. There is some question if a crossing guard is warranted on Willson in the neighborhood of longfellow school. 5. The last point to give serious consideration to is the noise and air pollution resulting from traffic signals. The noise of cars and trucks gearing down and then backing up could very seriously deteriorate the quality of the neighborhood. The added exhaust fumes will have an adverse effect on lawns and shrubs. Several persons from the South Willson area were present to discuss the traffic signals on South Willson Avenue. Mr. Zimmer of the Pedestrian/Traffic Safety Commission was also present to explain that the streets in Bozeman are technically highways and therefore come under the jurisdictional state law adopting the Manual of Uniform Traffic Control Devices. Mr. Berg questioned the determination and the legal aspects of the city should they install traffic control devices in deference to the manual. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission delay consideration of the stop signs on South Willson Avenue for a period of one or two weeks in order that the City Attorney may research the legal interpretation of the manual of Uniform Traffic Control Devices. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Sign Code Variance - Peppermill Family Inn - 1332 East Main Street A request from Jim Humphries on behalf of the Peppermill Family Inn, 1332 East Main Street for a sign code variance to use a 32 square foot sign instead of a twenty square foot sign in front of their place of business, was presented. I Following discussion, the Commission concurred with the recommendation of the Building mspector, also concurred in by the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission grant the request for a sign code variance at 1332 East Main Street. 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. Public Hearing estimated assessments (a) Commission Resolution No. 1924 - SID 561 - Paving 20th Avenue This was the time and place set for public hearing on levying the estimated assessment for the paving construction of 20th Avenue, Koch, Olive and Dickerson Streets, SID No. 561 in the amount of $250,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1924 provisionally passed and adopted on November 9, 1977, be finally passed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab and Mayor Sedivy; those voting No, none. (b) Commission Resolution No. 1925 - SID 562 - Paving 23rd Avenue - This was the time and place set for public hearing on levying the estimated assessment for the paving and storm drainage on 23rd Avenue from College Street north to Babcock Street amd Babcock Street east from 23rd to South 20th Avenue, SID No. 562 in the amount of $320,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no I written protests on file, it was moved by Commissioner Swanson, seconded by Commissioner Vande- venter, that Commission Resolution No. 1925 provisionally passed and adopted on November 9, 1977, be finally passed. 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. (c) Commission Resolution No. 1926 - SID 574 - Watermains on Hayes St. & Bozeman Crk. Annex. This was the time and place set for public hearing on levying the estimated assessment for the construction of watermains on Hayes Street and Bozeman Creek Annexation to Garfield Street, SID No. 574 in the amount of $17,500.00. Affidavit of publication of Notice was presented. No 341 one appeared to protest verball~ and there being no written protests on file, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 1926 provisionally passed and adopted on November 9, 1977, be finally passed. 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. (d) Commission Resolution No. 1927 - SID No. 576 - Watermains on No. 22nd between Beall & Durston I This was the time and place set for public hearing on levying the estimated assessment for the construction of watermains on North 22nd Avenue between Beall and Durston Road, SID No. 576 in the amount of $88,000.00, was presented. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner MacNab, that Commission Resolution No. 1927 provisionally passed and adopted on Nov- ember 9, 1977, be finally passed. 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. (e) Commission Resolution No. 1928 - SID No. 578 - Watermains & San. Sew. No. 19th Ave Between Beall & Durston This was the time and place set for public hearing on levying the estimated assessment for the construction of watermains and sanitary sewer on North 19th Avenue between Beall and Durston Road, SID No. 578 in the amount of $60,000.00, was presented. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protests on file, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Comm- ission Resolution No. 1928 provisionally passed and adopted on November 9, 1977, be finally passed. 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. Award Bids - Garfield Culvert between South Black & South Tracy Avenue The Commission was referred to the opening of bids for the installation of a culvert under East Garfield Street, including construction of ditches and other appurtenances thereto. I The City staff having thoroughly analyzed the bids, recommended that the City of Bozeman accept the bid of White-McNeil for items 1 thru 8 based upon their low bid in the amount of $7,445.00, it meeting or exceeding the specifications as contained in the "Call for Bids." They also recommended that the City of Bozeman accept the bid of Lockie Excavating for items 9 and 10 in the amount of $4,519.15, it being the only bid submitted and equaling or exceeding the speci- fications as contained in the "Call for Bids." The City Manager concurred in the recommendation of the City Staff, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that White-McNeil be awarded the bid for Items 1 thru 8 in the amount of $7,445.00 and Lockie Excavating be awarded the bid for fur- nishing the material - items 9 and 10 in the amount of $4,519.15. 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. Application for Raffle License - (A) Marketing Club - December 9, 1977 (B) Sigma Chi Fraternity - December 3, 1977 The City Manager presented an application from the Marketing Club along with the required fee, for the purpose of holding a raffle on December 9, 1977 . It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the application for the Raffle license. 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. The City Manager presented an application from the Sigma Chi Fraternity along with the required I fee, for the purpose of holding a raffle on December 3, 1977 . It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the Raffle license. 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. Proclamation - Montana Jaycees - "Family Week" November 20-26, 1977 Mayor Sedivy proclaimed Thanksgiving week as "Family Week" in the City of Bozeman and urged all citizens, businesses, religious groups, service clubs, etc, to encourage activities during this week that will emphasize the importance of the American Family as a cohesive unit to our city and nation. ,342 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission endorse the Mayors proclamation. Those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those voting No, none. Call for Bids - Senior Social Center - Opening November 30, 1977 The City Manager requested authorization to call for sealed bids for the construction of a Senior Citizens Social Center to be opened and read aloud on Wednesday, November 30, 1977 , at 1:15 o'clock p.m. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the "Call for Bids" for the construction of a Senior Citizens Social Center be authorized, and the Clerk of the Commission be directed to publish a "Call for Bids" for the construction with an opening date of November 30, 1977 . 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. Commission Resolution No. 1929 - Vacation of Orange Street and a portion of Alley in Block 53, of the N. P. Addit ion COMMISSION RESOLUTION NO. 1929 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A PORTION OF THE ALLEYS IN BLOCK 53 OF THE NORTHERN PACIFIC ADDITION OF BOZEMAN, MONTANA, AND A PORTH}! OR ORANGE STREET OF BOZEMAN, MONTANA. as prepared by the City Attorney was directed to the City Commission to vacate a portion of the alleys in Block 53 of the Northern Pacific Addition of Bozeman, and a portion of Orange Street to the City of Bozeman was presented. It was moved by Commissioner Swanson, seconded b y Commissioner Vandeventer, that Commission Resolution No. 1929 be passed and adopted, and December 21, 1977, be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Public Hearing - Unobligated Community Development Block Grant Funds I This was the date set for the public hearing for the disposition of the cities unobligated Community Development Block Grant funds in the amount of $100,000.00. Several suggested projects were presented: 1. Rouse sewer replacement, 3,100 lineal feet of 20 inch sewer 2. Villard Street - Willson to Grand 3. Paving Lamme between Wallace & Broadway 4. Mystic Lake Dam repair 5. Match a BOR grant which would revitalize the North Grand Park and move the softball lights to the softball complex 6. The Senior Center being located within the northeast area 7. Updating the lighting system on South Church Avenue 8. a) Site Improvements for 50 low income family units b) Demolition of Old Legion Housing located on city-owned property c) Relocation assistance for residents of Old Legion Housing to assist them to move to the new Section 8 9. Install a street light at the corner of 12th Avenue & Koch Street 10. Nickie Glen - Painting of mural on side of building to upgrade area There were several other suggested projects presented. Following the hearing, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission take the suggestions under advisement for the disposition of the cities un- obligated Community Development Block Grant funds in the amount of $100,000.00. 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. Absence of Commissioner Vollmer - November 30, 1977 Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by I Commissioner Vandeventer, that the absence of Commissioner Vollmer, from the meeting of November 30, be authorized in compliance with Section 11-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vande- venter, Commissioner Vollmer, Commissioner MacNab and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Commission, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried. /// l ~.S// ~/~ ,,,/,f .,.", l!"'./-~.':'":-"'\ "-~;~",,, /' "',' ,..." ..~-'.. Attest: ~ ('{..,.#://#/~ 'j/,/"'D_~ ~ 9 i/C-'~. ,/ EDMUND' P. SEDIVY; SR .!Mayor ;~r?~~ :f~~ /' ~ ---:7 Clerk of C~ty Commission