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HomeMy WebLinkAbout1977-12-07 '349 Bozeman, Montana December 7, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 7, 1977 , at 1:15 o'clock p.m. Present were Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on November 30, 1977, were approved as submitted. I Open Bids - Construction of a Senior Citizens Social Center This was the time and place set for opening bids for the construction of the Senior Citizens Social Center as prepared by Doug Rand, Architect. Affidavit of publication of "Notice to Bidders" was presented, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be opened and read, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Cammissioner MacNab;; those voting No; none. The following bids were then opened and read: Bruce-Anderson Co., Inc. Base Bid $519,192.00 Bozeman, Montana Plus Alternates A thru E 33,600.00 Alternate Bid $552,792.00 Base Bid $519,192.00 Less Alternates F thru L 25,100.00 Alternate Bid $494,092.00 Base Bid $519,192.00 Less Alternates F thru M 42,600.00 Alternate Bid $476,592.00 Edsall Construction Co., Base Bid $511,777.00 Bozeman, Montana Plus Alternates A thru E 35,300.00 Alternate Bid $547,077.00 Base Bid $511,777.00 Less Alternates F thru L 26,700.00 Alternate Bid $485,077.00 Base Bid $511,777.00 Less Alternates F thru M 49,550.00 I Alternate Bid $462,227.00 Martell Construction, Inc. , Base Bid $553,500.00 Bozeman, Montana Plus Alternates A thru E 37,350.00 Alternate Bid $590,850.00 Base Bid $553,500.00 Less Alternates F thru L 19,600.00 Alternate Bid $533,900.00 Base Bid $553,500.00 Less Alternates F thru M 44,600.00 Alternate Bid $508,900.00 Robert A. Taylor Construction Base Bid $522,100.00 Bozeman, Montana Plus Alternates A thru E 34,180.00 Alternate Bid $556,280.00 Base Bid $522,100.00 Less Alternates F thru L 21,350.00 $500,750.00 Base Bid $522,100.00 Less Alternates F thru M 48,350.00 Alternate Bid $473,750.00 The Commission concurred with the recommendation of the Architect, also concurred in by the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bids be referred to Doug Rand for evaluation, consideration and a recommendation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commiss- ioner Vandeventer, Commissioner Vollmer and Commissioner MacNab; those voting No, none. Public Hearing - Conditional Use Permits I (a) Christian Center Church - Allow the Church located at 921 West Mendenhall Street to continue its operation as a school (has been in operation 3 years.) This was the time and place set for a public hearing to consider the request of the Christian Center Church to allow the church at 921 West Mendenhall to continue its operation as a private school. This school has been in operation for three years and grown from approximately 80 students to 104. Paul Bolton, Planning Director, gave a brief presentation of the staff report. He explained that the church school has been in violation for three years, therefore the reason for the conditional use permit being sought at this time. '3~(1 Mr. Sheneman addressed the Commission stating that he has taken over as Director of the Chris- tian School as of October 1977. He advised the Commission that the school has no affiliation with the house. It is owned by the Christian Church. He felt the neighbor's complairts should be taken to the Church board. The City Manager read letters of protest and also letters in favor of the conditional use. A number of property owners were also present to protest. They explained there was inadequate play- ground. There is inadequate off-street parking causing parking problems. There is a safety and I traffic hazard created by cars stopping for loading and unloading along a busy one way street, as- well-as, the problem of jaywalking. The constant coming and going of cars and students at all hours of the day creates a problem. The excessive noise and additional trash along with the distruction created by these children cause a problem. Following a thorough discussion, and there being no further questions to be brought before the Commission, the Acting Mayor declared the hearing closed. Upon the recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the decision be delayed for a period of one week for an on the site visitation and further study of the request. The motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Commissioner MacNab; those voting No, none. (b) Christian Center Church - Allow the Church at 425 N. Ida to operate private School -(Grades This was the time and place set for a public hearing to consider the request of the ChristiA~-l) Center Church for a conditional use permit to allow the church at 425 North Ida Avenue to operate a private school. The school would consist of the kindergarten through the first grade and would cut down on the number of students attending the school located at 921 West Mendenhall thereby easing the traffic problems in that area. The Acting Mayor declared the hearing open. Paul Bolton gave a brief presentation of the staff report. He stated two or three parking spaces would be adequate for this site if it were used as a school for kindergarten through first grade. Mr. Dave Sheneman stated he would like to pursue the use of the church at 425 North Ida Avenue as a school for kindergarten through first grade students. I Following a thorough discussion and there being no further questions to be brought before the Commission, the Acting Mayor declared the hearing closed. Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the decision be delayed for a period of one week for an on the site visi- tation and further study of the request. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Commissioner MacNab; those voting No, none. Designate Use of Unobligated DCBG Funds Having held a public hearing on November 16, 1977 , for suggested dispositions of the City's unobligated Community Development Block Grant Funds, the City Manager presented the following proposed items. 1. $50,000 - Sewer repair on North Rouse. 3100 linear feet of 70-year-old transmission line, definitely in the northeast sector, and affecting the residents of that area. 2. $22,000 - street paving. One block of paving on Villard Street between Willson and Grand Avenue. 3. $20,000 - senior rehabilitation projects. This would be ten grants of $2,000. each, for elderly people on fixed incomes of less than $5,000 per year. 4. $25,000 - removal of field lights and replacement of them at the eastside athletic complex. 5. $ 8,000 - administration of the Section 312 program--assuming the Commission would approve the program itself. The City Manager advised the Commission that murals are not an acceptable use under these funds. They are to be used in the northeast sector. I Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vande- venter, that the City schedule a special public meeting to be held on Wednesday, December 4, 1977 , at 7:30 o'clock p.m. to receive ideas from citizens of the northeast sector of the city for the expenditures of community development block grant unobligated funds. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Commissioner MacNab; those voting No, none. Open Container Ordinance - Discusion A proposed ordinance submitted by the City Manager which would prohibit having an open bottle of alcoholic beverage in a vehicle, namely for consumption, was presented. ._~ -- ~.-"'---_._-~.- - --------- --~ 351 Following discussion, the Commission recommended that the City Attorney be instructed to re- draft the proposed ordinance. );;1. . Plans and Specifications - Kagy Blvd. Sanitary Sewer & Water Main Improvements SID 580 - Sanitary Sewer, West Koch St., 15th to 19th Ave. SID 581 - Storm Drain, West Koch St., 15th to 19th Ave. SID 582 - Watermains, West Koch St., 15th to 19th Ave. SID 583 - Sewer, Kellerton Subdivision on 15th Ave. The City Manager recommended that the plans and specifications for the construction and in- I stallation of Kagy Boulevard Sanitary Sewer and Watermain improvements, SID 580 Sanitary Sewer on West Koch Street from 15th to 19th Avenue, SID No. 581 Storm Drain on West Koch Street from 15th to 19th Avenue, S In No. 582 Watermains on West Koch Street from 15th to 19th Avenue, and SID 583 Sewer Kellerton Subdivision on 15th Avenue as prepared by Thomas, Dean & Hoskins, Inc., be approved; Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the plans and specifications be approved as presented. Also that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the constru- ction of Kagy Boulevard Sanitary Sewer and Watermain improvements, SID No. 580, SID No. 581, SID No. 582, and SID No. 583 improvements with an opening date of December 28, 1977 . The Clerk of the Commission was also authorized and directed to advertise for bids for the sale of bonds for SID No. 580 in the amount of $155,000.00, SID No. 582 in the amount of $125,000.00, and SID No. 583 in the amount of $26,000.00 to be received on January 4, 1978. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commiss- ioner Swanson and Commissioner MacNab; those voting No, none. "Call for Bids" - Municipal Emergency Warning Sirens (Revenue Sharing Funds) New Dual Tone, 3-signal 128 Decibel.3-Phaw Sirens. Opening December 21, 1977 . The City Manager requested authorization to Call for Bids for two (2) New Dual Tone, 3- signal 128 decibel; 3-phase sirens at a cost of approximately $9,538.00 to be paid out of Revenue Sharing Funds. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the purchase as requested be authorized I and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase of two (2) New Dual Tone, 3-signal 128-decibel; 3-phase sirens, to be opened on December 21, 1977. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Comm- issioner Swanson, Commissioner Vandeventer and Commissioner MacNab; those voting No, none. "Call for Bids" - 30,000 Standard GVW Rating Truck & Rear Loading Refuse Compaction Unit - Opening December 28, 1977 . The Sanitation Department has need for a 30,000# Standard GVW Rating Truck and a Rear-loading refuse compaction unit. It was moved by Commissioner Swanson, seconded by Commssioner Vandeventer, that the purchase 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, December 28, 1977 . The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Commissioner MacNab; those voting No, none. Commission Resolution No. 1938 - Certification of Delinquent Assessment Taxes Commission Resolution No. 1938 certifying delinquent taxes in the amount of $222,348.09 to the Gallatin County Treasurer was presented, entitled: COMMISSION RESOLUTION No. 1938 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1977, AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1977, AND UNPAID, DELINQUENT~ AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 11-2233, POLITICAL CODE, I R.C.M., 1947 Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the resolution be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Commissioner MacNab; those voting No, none. Abatement of Special Assessment Taxes The following applications for tax abatements in the amount of $778.94 was presented: - -- - --~-~~_.~~ ,352 NOTICE NAME LOT BLOCK ADDITION AMOUNT TYPE 37 G. C. Waite So. 5' of 6, Port. 7 & 8 G Alderson's $ 8.64 Garbage 57 James Lodge North 60 ft. of 7 Apollo 25.28 Garbage 196 Doris Hartgrave North 30 ft. of Tr. 5 11 Beall's 1st 23.48 Garbage 252 Leonard Sorensen North 20 ft. 9, all 10 E Beall's 2nd 8.79 Garbage 337 Sadie I. Welton 29 and 30 7 Beall's 3rd 17.29 Garbage 360 Ethel Main Tr. 16 in lA, 78.5 X 142.3 Lot 1 C Black's 14.40 Garbage 426 Carroll V. Henderson Tract 12 Bozeman Crk. Annex 6.46 Garbage I 458 McLees Sheet Metal 1 Bridger Center 54.40 Landfill 574 H. W. Menzel 21 & 22 11 Butte 17.35 Garbage 1270 Marlyn L. Jones West 75 ft of 7 Guy's 2nd 5.12 Garbage 1316 Clifford L. Cullen 2 E Hoffman's 13.12 Garbage 1417 Michael Kvasnick 22 and South ~ of 23 42 Imes 28.80 Garbage 1467 Alan F. Schmidt 25 and 26 47 Imes 14.07 Interest on Paving 11424 1485 Julian DeGidio, Jr. Tract 6A Industrial Park 30.40 Landfill 1623 Ardyth D. Vetelson 9 A Lindley & Guy 6.40 Garbage 2045 Dave Osterman Tract 1 N.E. Annex Mays Tr. 67.20 Landfill 2089 John W. Rooksberry 6 - 9 41 Northern Pacific 24.00 Landfill 2133 Craig Zakovi 4 - 9 51 Northern Pacific 24.00 Landfill 2156 Bruce-Anderson, Inc. 1 - 5 106 Northern Pacific 35.20 Garbage 2159 Story Motor Supply 17-21 106 Northern Pacific 51. 20 Landfill 2169 Peavy Co. 9 -12, & Portions of 21-24 109 Northern Pacific 12.80 Landfill 2518 Harold E. Murdock 25-28 43 Park 6.40 Garbage 2843 Robert A. Taylor 1 - 3, 5 ft. ES of 4 B Story's 72.00 Landfill 2857 John P. Braaksma West 10 ft. 2, all of 3, East 10 ft. 4 E Story's 11.00 Garbage 2878 Frank E. Pratt No. 47 ft. 14, Portion 15 F & G Story's 18.00 Garbage 3093 Moore, Rice & O'Connell No. 112' of 22 & 23, West 14' of 24 D Tracy's 19.20 Landfill 3219 Donald J. & June Heath South ~ of 6, all of 7 4 University 9.60 Garbage 3591 David L. & Esther Barr 26 2 West Park Manor 2nd 6.40 Garbage 3831 Land B Distributors 1 - 8, 11-28 100 Northern Pacific 104.68 Landfill 4656 George Hubbard 8, 9, & East ~ of 10 E Tracy's 43.26 Garbage Total $778.94 Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by I Commissioner Swanson, that the applications be approved and the Director of Finance be authorized and directed to enter the abatement on the tax record. The motion was carried by the following Aye and No Vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Commissioner MacNab; those voting No, none. Application - Bingo License, Bozeman Rotary Club ~ December 6, 1977 The City Manager presented an application from the Bozeman Rotary Club, along with the required fee for a bingo game which had been held on December 6, 1977 . The City Manager stated he had gotten permission from all of the Commissioners retroactive to the Bozeman Rotary Club conducting the bingo game. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the application for the Bingo License for the records. The motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Commissioner MacNab; those voting No, none. Claims for November The payroll claims and the general claims for the month of November, were presented. The 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 Vollmer, that the claims be approved. The motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Commissioner MacNab; those voting No, none. I Report - Library for November The City Manager presented the Library report for the month of November and recommended it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Library report be accepted and ordered filed. The motion was carried by the following ije and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Commissioner MacNab; those voting No, none. .3- ~)~C) I t .J MSU Army ROTC - March of Dimes - Annual Walk-a-thon, May 6, 1978 The MSU Army ROTC requested permission to conduct a March of Dimes - Annual Walk-a-thon on May 6, 1978. The Commission concurred in the recommendation of the City Manager, and it was moved by Comm- issioner Swanson, seconded by Commissioner Vandeventer, that permission be granted the MSU Army ROTC to conduct the fund drive on May 6, 1978. The motion was carried by the following Aye and I No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Commissioner MacNab; those voting No, none. Commission Resolution No. 1940 - Declaring eligible employees for authorized purchase of federal surplus property. Commission Resolution No. 1940 authorizing eligible employees of the City of Bozeman to acquire federal surplus property from the State of Montana was presented COMMISSION RESOLUTION NO. 1940 BE IT RESOLVED BY THE BOZEMAN CITY COMMISSION, AND HEREBY ORDERED THAT THE OFFICIALS AND/OR EMPLOYEE(S) WHOSE NAME(S), TITLE(S), AND SIGNATURE(S) ARE LISTED BELOW SHALL BE AND IS (ARE) HEREBY AUTHORIZED AS OUR REPRE- SENTATIVE(S) TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE MONTANA STATE AGENCY FOR SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS FORM." It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. 1940 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Commissioner MacNab; those voting No, none. Attorney Bolinger & Harry Daum - Re building permit - Main Mall Mr. Hal Bolinger, Attorney for Harry Daum appeared to request that the City Commission direct the issuance of a building permit for the Main Mall. Mr. Bolinger reported that the injunction to delay issuance of the permit would soon be disolved by the court. He further related that the counter claim by Mr. Daum, had been settled out of court, with a stipulation agreed upon by the parties. His comments suggested that the matter now again rests entirely with the City Commission. I The City Commission was advised that the City Attorney recommended against issuing the permit, until the environmental impact statements being prepared by the State Highway and Health Depart- ments have been received. The City Manager agreed with the City Attorney, and recommended that, in view of the fact that the environmental impact statements were due at any time, the permit should not be issued until they are received. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission wait until the reports are received from the state, and that they be allowed time to review the reports before making the decision. The motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Commissioner MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and C07m/i ioner MacNab; those voting No, none. ~ _~ ;( 'n_~ - _A)">>~-W DUNCAN S. MACNAB, ACTING MAYOR ATTEST: I -/~~ ,;:' . {/ ~. t'~'1-td/ -I. 'ct: / ERNA V. 'BARD NG Clerk of the City Commission