HomeMy WebLinkAbout1977-12-28
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Bozeman, Montana
28 December 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, December 28, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Acting
City Attorney Coil and the Clerk.
I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular
meeting held on December 14, 1977, were approved as submitted.
Open Bids - 30,000# Standard G.V.W. Rating Truck - Rear Loading Refuse Compaction Unit 20 Yards
This was the time and place set for opening bids for a 30,000 lb. G.V.W. Ratin Truck and a
Rear-loading Refuse Compaction Unit for the Sanitation Department. The affidavit of publication
of "Notice to Bidders" was presented. It was moved by Commissioner MacNab, seconded by Commiss-
ioner Vollmer, that the bids be opened and read, 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.
The following bids were then opened and read - 30,000 lb. Standard G.V.W. Rating Truck
Bozeman Ford, Bozeman 1978 Ford C-800 $23,593.00 FOB Factory
Kamp Implement Co., Belgrade 1978 Int. CO-1850 20,349.00 " "
Owenhouse Hardware, Bozeman 1978 Int. CO-1850 22,868.00 " "
Alternate1978 Int. CO-1850 22,918.00 " "
The following bids were then opened and read - Rear Loading Refuse Compaction Unit 20 Yds.
H.C.L. Equipment, Inc. , Billings Heil 20 Cubic Yard $11,741.00 FOB Bozeman
Roberts Rocky Mt. Equip. , Butte Leach 20 Cubic Yard 9,780.00 FOB Factory
" " " " " Leach 2-R Cubic Yard 11,835.00 " "
Rimrock Equipment, Inc. , Billings Leach 2-R Cubic Yard 14,760.00 " "
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be re-
ferred to the Street Superintendent and the engineering staff for review and a recommendation to
be brought in on Wednesday, January 4, 1978. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer,
I Commissioner MacNab and Mayor Sedivy; those voting No, none.
Open Bids - Two 1978 4-door sedans for Police department
This was the time and place set for opening bids for the purchase of two (2) 1978 4-door
sedans to be used by the Police department. It was moved by Commissioner Swanson, seconded by
Commissioner Vandeventer, that the bids be opened and read, 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.
The following bids were then opened and read:
Bozeman Ford, Bozeman a) Trading Car #26 and #27 - $6,991.48
b) Trading Car #26 - 3,570.74
c) Trading Car #27 - 3,420.74
Don Norem Chevrolet, Bozeman a) Trading Car #26 - 4,981. 64
b) Trading Car #27 - 4,217.37
Rolfe & Wood, Inc. , Bozeman 2 1978 Plymouth Volarie or Dodge
Aspen - per car - 5,969.00
2 1978 Plymouth Fury or Dodge
Monaco - per car - 5,997.00
Trading Car 1126 - 1,600.00
Trading Car #27 - 1,850.00
The Commission concurred with the recommendation of the City Manager, and it was moved by
Commissioner Vandeventer, seconded by Commissioner MacNab, that the bids be referred to the Chief
of Police and City staff for tabulation, evaluation and a recommendation to be made to the Comm-
ission on Wednesday, January 4, 1978. The motion was carried by the following lye and No vote:
those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, Comm-
I issioner Vollmer and Mayor Sedivy; those voting No, none.
Open Construction Bids - Kagy Blvd. - Sanitary Sewer & Water Main Improvements
This was the time and place set for the opening of bids for the construction and installation
of sanitary sewer and watermain improvements on Kagy Boulevard. The affidavit of publication for
the 'tall 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 Commiss-
ioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer'&f.Mayor Sedivy;
those voting No, none.
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The following Bids were then opened and read:
Intermountain Construction - $46,624.75
Bernard Construction - $54,114.05
Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by
Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, I
Inc. and the City engineer for tabulation and recommendation to be made on Wednesday, January 4, 1978.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Swanson, Commissioner Vandeventer, Commissioner McNab and Mayor Sedivy ~hose voting No,
none.
Open Construction Bids - SID NO. 580, 581, 582, and 583
This was the time and place set for the opening of bids for construction of SID No. 580 San-
itary Sewer on West Koch Street from 15th to 19th Avenue, SID No. 581 Storm drain on West Koch
from 15th to 19th Avenue, SID No. 582 Water Mains on West Koch from 15th to 19th Avenue, and SID
No. 583 Sewer - Kellerton Subdivision on 15th Avenue. The affidavit of publication for the "Call
for Bids" was presented.
It was moved by Commission Swanson, seconded by Commissioner Vandeventer, that the bids be
opened and read. 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.
The following Bids were then opened and read:
Intermountain Construction - $335,220.75
Johnson Excavating - $250,960.50
Upon the City Manager's recommendation, it was moved by Commissioner Vandeventer, seconded by
Commissioner MacNab, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins,
Inc. , and the City engineer for tabulation and recommendation to be made on Wednesday, January 4, I
1978. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vendeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy;
those voting No, none.
Public Hearing - Zone Change
(a) Robert Foster - AS to RS1, 40 Acre tract northwest of the City adjacent to the Joe Nelson
road and bordered by U.S. Highway 10 - to be tabled.
This was the time and place set for a public hearing to consider the request of Mr. Robert S.
Foster for a zone change from Agricultural to Rural-Suburban on an approximately 40-acre tract of
land northwest of the City. The land is easterly of and adjacent tothe Joe Nelson road and is
bordered on the south by U.S. Highway #10.
This item was previously tabled at the November Zoning Commission meeting and referred to the
City-County Planning Board as the requested zoning was found to be in conflict with the agricultural
land use classification in the Bozeman Area Master Plan.
On December 8, 1977 , this item was heard before the Planning Board and a recommendation was
passed that the present agricultural land use designation and supportive zoning be maintained un-
til the Master Plan is revised.
Having reveiwed the Planning Staff's report, the Zoning Commission recommended that the re-
zoning of the property in question be tabled until the revision of the plan is completed.
The Mayor declared the hearing opened. There was no one present for the public hearing. The
Mayor declared the hearing closed and it was moved by Commissioner MacNab, seconded by Commissioner I
Vollmer, that commission action on the request of Robert S. Foster for a zone change from Agricul-
tural to Rural-Suburban be deferred pending consideration by the City-County Planning Board. 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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(b) Planning Staff - RS-l to M-l Griffin Dr. on the north, Bozeman Creek on the West, 1-90
on the south, and the railroad on the east.
This was the time and place set for a public hearing to consider the request of the City-
County Planning Staff for a zone change from RS-l-T-l to M-l, all that land bordered by Griffin
Drive on the north, Bozeman Creed on the west, 1-90 on the south, and the railroad on the east.
I The zone change is being requested as a follow-up to the Bozeman Northeast Annexation which left
the land zoned RS-l-T-l when it was annexed to the City.
On December 8, the Planning Board recommended that the present rural-suburban land use des-
ignation and supportive zoning be maintained until the Master Plan is revised.
Having reviewed the Planning Staff's report, the Zoning Commission unanimously recommended
approval of the Len Haniuk & Planning Staff Zone Change from RS-l-T-l to M-l-T by the City Com-
mission.
The Mayor declared the hearing opened. A petition signed by approximately eleven property
owners protesting the zone change from RS-l-T-l to M-l was presented. Several property owners
were also present to protest the zone change.
Mr. Len Haniuk, Mr. Rick Mayfield and Mr. William Sebena were present in support of the
zone change.
Following an extensive discussion, the 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 deferred for a week to further review the request. 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 Sediby; those voting no, none.
(c) Ingvard Jensen - A-S to RS-l, 34 acres tract of land east of Bozeman lying between
Clover Meadow Subdv. & Mt. Ellis Academy Rd.
This was the time and place set for a public hearing to consider the request of Ingvard B.
I Jensen to rezone a tract of land containing 34 acres from AS to RS-l. The land is located in
the east one-half of the southwest one-quarter of Section 16, T2S,R6E, MPM. the rezoning was
requested in order that Mr. Jensen could build a home on the southwest corner of the land.
Having reviewed the Planning Staff's report, the Zoning Commission unanimously approved
the request with the following conditions:
set forth in full:
The Mayor declared the hearing opened for the purpose of receiving information from inter-
ested property owners present at the meeting.
Mr. Jensen was present to explain any questions that might arise. Rod Hanson and Eldon Moore
were present to protest the zone change.
Following an extensive discussion, the Mayor declaried the hearing closed. The Commission
concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson,
seconded by Commissioner Vandeventer, that action be deferred for a period of one week. 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.
Decision on Revenue Bond Issue - Life of Montana
A letter was received from Attorney Joseph W. Sabol on behalf of the Life of Montana Insur-
ance Company on November 23, requesting the City of Bozeman to hold a public hearing insofar as
the applicability and desirability of a limited obligation bond sale for the construction of Life
I of Montana's new facilities east of Bozeman.
Several persons from Life of Montana along with Mr. Huffert of D.A. Davidson were present at
the public meeting on December 21 for the purpose of explaining the proposed project. The revenue
bond sale for the construction of the new Life of Montana facility would not exceed $2,000,000.00.
Having held the public meeting on December 21, the Commission advised Life of Montana that
a decision would be made at todays meeting.
The City Manager advised the Commission that the endorsement would not carry a financial
responsibility nor an impact on the City's bonded debt limit. He also stated he could not see
how this endorsement could quality the sellers for tax-exempt bond status. He felt it would
not set a precedent as each request should be considered individually.
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The Manager further stated that the building is of a unique design and he hopes it would
be the nucleus of further development on the eastside, to balance intense commercial activity
in West Bozeman.
Following a thorough discussion, the Commission concurred in the recommendation of the City
Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that
the Commission unanimously endorse the issuance of tax-exempt Industrial Revenue Bonds for Life I
of Montana Insurance Company in an amount not to exceed $2,000,000.00. 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.
Application for Beer, Liquor and Wine Licenses:
The City Manager presented the following application and appropriate fees for Beer, Liquor
and Wine Licenses for the calendar year 1978.
Applicant Beer Wine Liquor
Albertsons, Inc $100.00 $ $
American Legion 400.00
The Bowl, Inc. 400.00
Buttrey Food 100.00
Cats Paw 100.00 100.00
Conoco Travel Shoppe 100.00
Crystal Bar 400.00
Eagles Club 400.00
B.P.O. Elks Club 11463 100.00
Empire Inc. (Black Angus) 400.00
Family Tree 100.00 100.00
Filling Station 100.00 100.00
Haufbrau 400.00
Heeb's Food Center 100.00
Hinky Dinky Superette 100.00
JW's Hide-A-Way Lounge 400.00
Joe's Parkway 100.00 I
Karl Marx Pizza 100.00 100.00
King Gallatin Corp. (Baccus) 400.00
Knotty Keg 100.00
Kwik Way 1131 100.00
Kwik Way 1132 100.00
Little John's Inc. 100.00 100.00
Lundy's Landing 100.00 100.00
Molly Brown 400.00
New Arcade Steak House 400.00 .
Oak's 400.00
Port of Entry 100.00 100.00
Ramada Inn 400.00
R & N Corp (Bozeman Hotel) 400.00
Rick's One Way 100.00
Rocky "R" 400.00
Safeway's 100.00
Scoop Bar 400.00
Skaggs 100.00
St George & Dragon 100.00 100.00
Sundance Saloon 400.00
Super America 100.00
Super Save Drug 100.00
TeePee Gas 100.00
Topper 400.00
Town & Country Warehouse 100.00
Valley View Gold Club 400.00
Van's IGA 100.00
Village Inn Pizza Parlor 100.00 100.00
Following a discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer,
that the above licenses be approved and the City Manager be instructed to draft a letter to be I
included with the applicants license. In the event the litter problem is not taken care of the
City will initiate proceedings to revoke the license of the establishments creating the problem.
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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Commission Resolution No. 1937 - Authorizing Payment of Social Security for Mayor and City
Commission - (Amending Article 8 dated March 1956
Commission Resolution No. 1937 authorizing payment of Social Security for the Mayor and
City Commission - amending Article 8 dated March 1956 - was presented.
Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson,
I that Commission Resolution No. 1937 be passed and adopted and the Mayor and Commissioners be
authorized and directed to sign the resolution amending Article 7 dated March 1956. 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 vot-
ing No, none.
Proclamation - Alien Address Report Month - January
Mayor Sedivy, in response to a request from the United States Department of Justice, pro-
claimed the month of January 1978 to be Alien Address month in the City of Bozeman and requested
that all aliens residing within the City report their addresses to the U.S. Post Office or Im-
migration and Naturalization Service during the month of January.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com-
mission endorse the Mayor's proclamation 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.
Acceptance and Payment of Fire truck chassis to W.S. Darley & Company
The City Commission approved the purchase of the pumper fire truck and equipment on December
29, 1976, and agreed that the fire truck chassis would be paid for at the time of delivery, be-
cause of a price concession.
The Fire Department has been advised that the fire truck chassis has been delivered to W.S.
I Darley and Company, Melrose Park, Illinois.
Therefore, the City Manager recommended that the claim in the amount of $35,000.00 be ap-
proved by the Commission, and the Director of Finance be directed to issue a warrant in payment
of same.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claim
to W. S. Darley and Company in payment of the fire truck chassis be approved as presented. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner
'lmdeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson 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 MacNab, seconded by Commissioner Swanson, that the meeting be adjourned, and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner
MacNab, Commissioner Vollmer, Commissioner Swanson and Commissioner Vandeventer and Mayor Sedivy;
voting No, none.
I ATTEST:
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ERNA V. HARD lNG, ,/
Clerk of the City Commission