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HomeMy WebLinkAbout1978-01-04 36G Bozeman, Montana January 4, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, January 4, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner McNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on December 28, 1977, were approved as submitted. I Sale of Bonds - (a) SID 580 - San. Sewer W. Koch 15th to 19th - $155,000.00 (b) SID 582 - Lateral Watermains W. Koch 15th to 19th - $125,000.00 (c) SID 583 - San. Sewer Kelletton Subdv. - $26,000.00 The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement Dis trict No's. 580, 582, and 583. 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. The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 580 in the amount of $155,000.00. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City proceed with the bidding of SID No. 580. 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 bidders presented their good faith checks as prescribed by the Notice of Sale: D.A. Davidson & Company, Great Falls, Mont. Grande & Co., Inc., Seallte, Washington Oral bidding began & the final best oral bid was Grande & Co., Inc. of Seattle in the amount of 6.35%. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the sale of I the bonds for Special Improvement District No. 580 in the amount of $155,000.00 be awarded to Grande & Co., Inc. of Seattle in the amount of 6.35%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commission- er MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 582 in the amount of $125,000.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City proceed with the bidding of SID No. 582. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, CommissionerMacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none. The following bidders presented their good faith checks as prescribed by the Notice of Sale: D.A. Davidson & Company, Great Falls, Mont. Grande & Co., Inc., Seattle, Washington Oral bidding began and the final best oral bid was Grande & Co., Inc. of Seattle in the amount of 6.40% plus $150.00 premium. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the sale of the bonds for Special Improvement District No. 582 in the amount of $125,000.00 be awarded to Grande & Co., Inc., of Seattle in the amount of 6.40% plus a $150.00 premium. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. I The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 583 in the amount of $26,000.00. It was moved by Commissioner Vollmer, sec- onded by Commissioner Swanson, that the City proceed with the bidding of SID No. 583. The mo- tion 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. The following bidders presented their good faith checks as prescribed by the Notice of Sale: D.A. Davidson & Company, Great Falls, Mont. First Security Bank of Bozeman Grande & Co., Inc., Seattle, Washington ~-- "367 Oral bidding began and the final best oral bid was First Security Bank of Bozeman in the amount of 6.55%. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the sale of the bonds for Special Improvement District No. 583 in the amount of $26,000.00 be awarded to First Security Bank of Bozeman in the amount of 6.55%. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting no, none. Decision Re Zone Changes (a) Planning Staff - RS-l to M-l Griffin Dr. on the North, Bozeman Creek on West, I-90 on South & Railroad on the East. The decision on the request of Len Haniuk & Planning Staff for a zone change from RS-l-T-l to M-l having been deferred for a period of one week was brought before the Commission for a final decision. The land is bordered by Griffin Drive on the north, Bozeman Creek on the west, I-90 on the south, and the railroad on the east. The City Manager advised the Commission, that for some inexplicable reason, some residents did not receive written notification. The staff has been diligent regarding such notices. Ac- cordingly, the City Manager requested persons present be allowed to present pro and con comments. Several expressions, both for the zone change and in opposition were heard. Mr. Haniuk testified in favor of the zone change. Mr. Davis, representing a number of porperty owners surrounding the area in question opposed the zone chan~. The Zoning Commission, having held a public hearing, recommended approval of the zone change to the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Com- mission acknowledge the requested zone change as passed down by the Zoning Commission. All 0 f the land bordered by Griffin Drive on the north, Bozeman Creek on the west, 1-90 on the south, I and the railroad on the east would be rezoned from RS-l-T-l to M-l-T. Paul Bolton advised the Commission there would not be a great deal of difference between the zone classification of M-l-T or M-l-T-lO. The M-l-T-lO would emphasize concern for possible smoke, odor, dust, vibration, etc. associated with any new uses. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion amend the motion to rezone the entire area bordered by Griffin Drive on the north, Bozeman Creek on the west, I-90 on the south, and the railroad on the east to M-l-T-lO. Those voting Aye on the amendment to the motion were Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy; those voting No, being Commissioner Vollmer. Those voting Aye to the amended motion were Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sediby; those voting No, none. (b) Ingvard Jensen - AS to RS-l, 34 acre tract east of Bozeman lying between Clover Meadow Subdivision & Mount Ellis. The decision on the request of Ingvard Jensen to rezone a tract of land containing 34 acres from AS to RS-l having been deferred for a period of one week was brought before the Commission for a final decision. Following discussion by the Commission, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Zoning Com- mission, also concurred in by the City Manager and approve the request for a zone change on a tract of land containing 34 acres from AS to RS-l. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner I MacNab, Commissioner Vollmer and Mayor Sedivy; those voting no, none. Public Hearing - Conditional Use Permits (a) M. Anderson - Health Spa, racquet ball court - Lot 6 of the Bear Creek Subdivision (To be Tabled) This was the time and place set for a public hearing to consider the conditional use permit requested by Melvin G. Anderson. The applicant seeks approval for a health spa, racquet ball court establishment, which is allowed through the conditional use permit process under the head- ing of "amusement and recreational activities". The site is located on Lot 6 of the Bear Creek .368 Subdivision (SW~ of Section l4, T2S, R6E, MPM) . The Zoning Commission recommended that the application for a conditional use permit be tabled until the January meeting, when additional information is submitted by the petitioner. The Mayor declared the hearing open. No one was present in regard to the conditional use permit . The City Manager advised the Commission that the public hearing had been advertised so it I must be held. He further advised the Commission that it would be appropriate to continue the hearing so it would not have to be readvertised. (b) American Legion Family Plaza - Planned Unit Development North Grand Avenue. This was the time and place set for a public hearing to consider the request of the American Legion to allow construction of a 50 unit rent subsidized family housing complex. The complex would be constructed on a 3.073 acre site located on th southeast corner of the intersection of North Grand Avenue and Tamarack Street. The 50 unit complex is zoned R-4 (20 units per acre maximum) and will developed at a density of 16.6 units per acre. The complex is being developed through the Department of Housing and Urban Development Section 8 Housing Assistance Payments Program. The Zoning Commission having reviewed the Planning Staff's report recommended approval thereof with the following conditions: 1. That final plans include specifically the energy saving design criteria sought by the City Commission. 2. That final plans include the use of gabled asphalt shingled roof, if economically com- parable to flat roof (cost estimated to be supplied by the developer and reviewed by the building and planning departments). 3. That final plans include the changes required by the Engineering and Fire departments, and that the changes be reviewed and approved by those departments. 4. That final plans include detailed landscaping plans to include specifically; changes in the southern parking area outlined in this report, as well as fencing, screening, I curbing, and irrigation (if any) details. The planned development of three (3) total area within the complex. 5. That improvements Agreement be entered into before final approval. Agreements to in- clude specifically; all on-site improvements shown on all final plans and specifi- cations and off-site improvements to include required fire hydrants, sidewalks (north and west side) and boulevard landscaping. 6. That before final plans and specifications receive final Planned Unit Development approval for building permits from the City of Bozeman, that the plans and specifi- cations must have final approval from HUD, Denver. The Mayor declared the hearing closed. The City Manager reminded the Commission that this is the same 50-unit low income housing planned for that area. It is being developed as a Plan- ned Unit Development and, therefore, requires a conditional use permit. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commissioner approve the conditional use permit for Legion Family Plaza PUD pending clarification of this specific project by the American Legion, and that the permit applies specificallyand solely to Legion Family Plaza as the developer of these premises. The motion was unanimously passed. T.H. Thomas of Thomas, Dean & Hoskins - Presentation of New Water Rates Mr. T.H. Thomas of Thomas, Dean & Hoskins, Inc. , appeared before the Commission to present their study of the proposed new water rate revisions for the City of Bozeman. The presentation was very much in detail illustrating graph, charts and specific bases for the proposal. The Mayor thanked Mr. Thomas for his presentation, and advised him that the study will be I taken under advisement by the Commission. Award Bids - 30,000 Standard G.V.W. Rating Truck Rear-Loading Refuse Compaction Unit 20 Yards After tabulation and checking the bids for the 30,000 lb. G.V.W. Rating Truck for use by the Sanitation Department, the City Manager concurred with the Street Superintendent and the Assistant Street Superintendent, and re commended that the bid of Owenhouse Hardware on a 1978 International C01850B truck chassis in the amount of $22,918.00, F.O.B. Fort Payne, Alabama, be accepted. - 36'9 He advised the Commission that the two bids that were lower did not meet the specifications in the "Call for Bids". It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the award be made to Owenhouse Hardware, in the amount of $22,918.00 as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner I Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those voting No, none. After tabulationand checking the bids for the Rear-loading Refuse Compaction Unit 20 Yards, the City Manager concurring with the Street Superintendent and the Assistant Street Superintendent, recommended that the purchase be awarded to H.C.L. Equipment, F.O.B. Bozeman, Montana, on a Heil 20 cubic yard Mark 5 Packer Body in the amount of $11,741.00, F.O.B. Bozeman, it being the best bid submitted and equaling or exceeding the specification in the "Call for Bids". It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the award be made to H.C.L. Equipment on the basis of their low bid. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Award Bids - Two 1978 4-Door sedans for Police Department The Commission was referred to the opening of bids on December 28, 1977 , for the purchase of two (2) 1978 4-door sedans to be used by the Police Department. The bids having been tabulated and analyzed, the Chief of Police recommended that the bid of Bozeman Ford, with trade-in of Car No. 26 and No. 27 be accepted on the basis of their low bid in the amount of $6,991.48 per car. The bid of Bozeman Ford was the lowest bid submitted and equaled or exceeded the specifications as contained in the "Cali for Bids'.' The City Manager having concurred in the recommendation of the Chief of Police and the City staff recommended that the purchase be authorized. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the pur- I chase of the two cars be awarded to Bozeman Ford, on the basis of their low bid in the amount of $13,982.86. 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. Award Bids - SID No. 580 - San. Sewer West Koch, 15th to 19th Avenue - SID No. 581 - Storm Drain West Koch, 15th to 19th Avenue - SID No. 582 - Watermains West Koch, 15th to 19th Avenue - SID No. 583 - San. Sewer - Kellerton Subdv. A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc.,the City's en- gineering consultants, was presented recommending that the award be made to Johnston Excavating, Inc., based on their low bid of $250,960.40, it being the lowest bid submitted and equaling or exceeding the specifications in the "Call for Bids". The City Manager concurred withfue above recommendation, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the award be made to Johnston Excavating, Inc. , based on their low bid, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Reject Bid - Kagy Blvd. - Sanitary Sewer & Water Main Improvements A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc. , consulting I engineers for the City of Bozeman, was presented. Having tabulated and anaylzed the bids, Mr. Cummings recommended, due to the bids received being in excess of the Engineer's Estimate, that all bids be rejected for the construction of Kagy Boulevard, Trunk Sanitary Sewer improve- ments. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that all bids for the Kagy Boulevard, Trunk Sanitary Sewer improvements be rejected. 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. 370 Easement Agreements - Channel Construction - Robert L. & Elizabeth Montgomery and the City of Bozeman A temporary construction Easement Agreement for channel construction, by and between Robert L. & Elizabeth M. Montgomery and the City of Bozeman, for the purpose of installing a channel thereto upon and across Lot 1, Block 1, 1962 Rearrangement of Block 2, University Subdivision, and consisting of a strip of land approximately twenty-five feet in width was presented. I Upon concurrence of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the easement agreement, haveing been executed by Robert L. & Elizabeth M. Montgomery, be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carriedby 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. Easement Agreement - Culvert Installation - Stephen B. & Marjean Moser and the City of Bozeman An Easement and right of way Agreement for culvert installation by and between Stephen B. & Marjean Moser and the City of Bozeman, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing a culvert thereto upon and across Lot 2, of Amended Plat of Block 1, University Subdivision; and containing a strip of land fourteen feet in width, was presented. Upon concurrence of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Easement agreement having been executed by Stephen B. & Marjean Moser, be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. 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. Proclamation - Jaycee Week, January 15-22, 1978 At the request of the Bozeman Jaycees, Mayor Sediby proclaimed the week of January 15-22, I 1978, as "Jaycee Week". The Bozeman Jaycees have designated Monday, January 16, 1978, at 7:00 0' clock A.M. , as the day for holding the eighth annual Mayor's Prayer breakfast. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Mayor's proclamation be endorsed in accordance with the Bozeman Jaycees. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner NacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting no, none. Application for Kennel License - Mrs. Ralph Kenck, 1317 W. Alderson An application received from Mrs. Ralph Kenck, 1317 West Alderson, requesting a kennel lic- ense in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, to- gether with the required fee was presented. The City Manager and the Chief of Police stated they were not aware of any reason to deny the kennel license. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the application be approved and the Director of Finance be instructed and directed to issue a license in accordance therewith. 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. Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the meetingbe adjourned, and I 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; " voting No, none. A ATTEST: (/ /, ~ ~c~-wz- (- /.."- ~ ~--~-y ERNA V. HARDING, Cler~of the City Commission