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HomeMy WebLinkAbout1974-04-10 98 Bozeman, Montana 10 April 1974 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 10 April 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Comm- issioner Vandeventer. Commissioner Taylor. Commissioner Lehrkind, City Manager Fryslie, Ass't. City Manager Keyes, Acting City Attorney Morgan and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 3 April 1974 were approved as read. I Consideration of Bids - Landfill Bldg., Awarded to Tonca Construction The Ass't. City Manager having completed his study of the bids submitted for the construction of a combination equipment-storage building and maintenance shop located at the City of Bozeman Land- fill and having prepared a final tabulation of the bids recommended that the bid be awarded to Tonca Construction of Bozeman on the basis of their low bid in the amount of $17,745.00 for a concrete block building, it meeting or exceeding the specifications in the "Call for Bids." The City Manager concurred in the Ass't. City Managers recommendation and recommended the bid be awarded to Tonca Construction, Bozeman on the basis of their low bid in the amount of $17.745.00. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the bid be awarded to Tonca Construction and the bid security of the unsuccessful bidders be returned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer. Commiss- ioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind. and Mayor Sedivy; those voting No, none. ~ Theatre Arts Program - Summer 1974 Shakespeare Program in Parks. A letter received from Bruce C. Jacobsen, Chairman of Theatre Arts, Montana State University reminding the Commission of a new program known as Shakespeare in the Parks initiated during the 1973 summer season was presented. As a result of the favorable reception of last year's pilot project. MSU Theatre Arts has received funding from Montana State University and the Montana Arts Council to expand and improve the program this year. Mr. Jacobsen was also present to explain the program and to advise the Commission that the City of Bozeman would receive two productions free but due to the size of the community they would provide up to four additional performances at a fee of $150.00 per performance. I Following a thorough diSCUSSion. it was moved by Commissioner Vandeventer, seconded by Commiss- ioner Taylor, that they approve the program known as Shakespeare in the parks for 1974 but since it is impractical for the City of Bozeman to become involved in these programs with direct financial participation it is hopeful that the Department of English and Theatre Arts locate sponsorships for additional shows among civic or service organizations within the community. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No. none. Commission Resolution No. 1662 - Intent to Create SILD No. 540, Lighting Willson & Cleveland, Hear 8 May Commission Resolution No. 1662 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. DE- CLARING IT TO BE THE INTENTION OF SAID CITY COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 540 FOR THE PURPOSE OF OPERATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT SOUTH WILLSON AVENUE BE'lWEEN WEST OLIVE STREET AND WEST CLEVELAND STREET, AND TO LIGHT WEST CLEVELAND STREET BE- '!WEEN SOUTH WILLSON AVENUE AND SOUTH SIXTH AVENUE. SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMANCE WITH SECTIONS 11-2245 TO 11-2257, INCLUS- IVE, OF THE REVISED CODES OF MONTANA, 1947. as prepared by the City Attorney as directed by the City Commission was presented. The Commission concurred with the recommendation of the City Manager and it was moved by Comm- issioner Taylor, seconded by Commissioner Lehrkind, that Commission Resolution No. 1662 be passed and adopted and 8 May 1974 be the date set for public hearing and the motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind. Comm- issioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Commission Resolution No. 1663 - Intent to Create SILD No, 541, Lighting Willson Ave., Babcock to to Olive St., Hearing 8 May Commission Resolution No. 1663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, DE- CLARING IT TO BE THE INTENTION OF SAID CITY COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 541 FOR THE PURPOSE OF OPERATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT SOUTH WILLSON AVENUE BE'lWEEN WEST BABCOCK STREET AND WEST OLIVE STREET, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMANCE WITH SECTIONS 11-2245 TO 11-2257, INCLUSIVE, OF THE REVISED CODES OF MONTANA. .1947. -, gg as prepared by the City Attorney as directed by the City Commission was presented. The Commission concurred with the recommendation of the City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that Commission Resolution No. 1663 be passed and adopted and 8 May 1974 be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. I Request for Alley Encroachment - Rudy's Inc., Block 100, Northern Pacific Addition A letter received from Leon J. Messerly, President of Rudy's, Inc., requesting permission to close off the "T" shaped Alley located in Block 100, Northern Pacific Addition, Bozeman, was presented. Following a thorough discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the encroachment permit be extended to Rudy's Inc., with the understanding that should a public need for the dedicated alley in Block 100 of the Northern Pacific Addition arise, the City would reserve the right to ask that private use of the alley cease and desist upon a 90 day notice. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Objections to Removing Parking on North Seventh Ayenue - both sides A petition signed by property owners, businessmen and homeowners protesting banning of parking on both sides of North Seventh Avenue from Beall Street north to the City limits was presented. Many interested persons of that area were also present to discuss the area in question. Following an extensive discussion, The City Manager recommended that the Commission acknowledge receipt of the petition protesting the removal of parking on North Seventh Avenue and take it under advisement for a period of one week to be brought back for action on Wednesday, 17 April. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that they concur in the City Managers recommendation to take the request under advisement for a period of one week and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Comm- issioner Taylor, Commissioner Vollmer, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. I Bogert Swimming Pool Project: A letter received from Ashley C. Roberts, State Liaison Officer of the State of Montana Depart- ment of Fish and Game along with an opinion by Mr. Clayton Herron, Deputy Attorney General, whereby he indicated the City of Bozeman had not fully complied with State and Federal regulations relative to bidding procedures on the swimming pool renovation in the City of Bozeman and, therefore, stated that it was mandatory that such regulations be adhered to and would involve revision of the speci- fications and rebidding the project work. The City Manager stated that the most forceful position taken by the City was the complain filed with the State and the review revealed that previously unknown is federal law and federal regulations requiring bidding detailed plans and specifications. He further stated that the opinion transmitted by Mr. Ashley Roberts and signed by Clayton Herron asked us to reissue a "Call for Bids" for the project. Detailed plans and specifications are available and may be purchased. The City Manager submitted the following proposal: 1. That the City Commission authorize a"Call for Bids" for the pool and the bathhouse to be issued upon final approval by the State of Montana Department of Fish and Game, the State Department of Health, and the State Architects and Engineering Department and following ownership of the plans and specifications. 2. That the City Commission authorize the City Manager to approach the Montana State University and attem~to negotiate arrangements for the use of one of their swimming pools on a temporary basis for the year 1974 only. Following a thorough discussion, it was moved by Commissioner Taylor, seconded by Commissioner I Lehrkind, that they approve the above proposals as submitted and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Application for Gas Tax Projects: Sign Posts - $4,600.00, Sign Faces - $4,500.00, Sign Blanks - $1,600. Application for the purchase of various signing material to fabricate new signs to be installed mainly within the business district of Bozeman in the approximate amount of $4,500.00, for the pur- chase of 400 12'-2 3/8" Outside Diameter Posts to be used to install various new signs mainly within the business districts of Bozeman in the approximate amount of $4,600.00 and for the purchase of various sizes of aluminum sign blanks to fabricate new signs to be installed mainly within the district 100 of Bozeman in the approximate amount of $1,600.00 to be paid for from the Gas Tax Funds allocated to the City of Bozeman under provisions of House Bill No. 42-436 and complying with Rules and re- gulations promulgated by the Montana State Highway Commission for administration of the Act was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the three applications as stated above be submitted to the Montana State Highway Commission as presented and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, , Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting I No, none. Request to Conduct Parade 27 April 1974, Gallatin Association for Retarded: A letter received from Mr. Allen V. Bertelsen, President of Gallatin Association for Retarded Children requesting permission to conduct a Hike-Bike parade on Saturday, 27 April 1974 was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the request be approved on the basis of the route indicated in the request and based upon receiving the proper pro~ tection from the Police Department during the time the hikers or bicycle riders are on the streeta of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. License Bond - Carl Pearson. Jr., Electrician $5,000.00 In compliance with Chapter 15 of the Bozeman Municipal Code, the Electrical Bond of Carl Pearson Jr. , in the amount of $5,000.00 was presented. The City Manager stated the Building Inspector had recommended approval of the bond and the City Attorney had approved the bond as to form. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the above license bond be approved and the motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Request to Amend Zone Code - Fire Stations as Conditional Use in all Zones A letter received from Ole Field, Chairman, Board of Directors, Rae Volunteer Fire Company, requesting that the Bozeman Zoning Code be amended to include fire stations as a conditional use in I the R-3 Zone was presented. Following a discussion, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Zoning Commission be instructed to hold a hearing to consider including fire stations as a conditional use in all zones. The motion was carried by the following Aye and No vote: those vo ting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeven- ter and Mayor Sedivy; those voting No, none. Appointment of Architect for 50 Meter Pool - Berg-Grabow & Associates It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that Berg-Grabow and Associates be retained as Architect for the new covered 50 meter pool with stipulations that: 1) William E. Grabow be the project Architect 2) The City retain approving or disapproving authority for sub contracted services to include but not limited to a Mechanical Engineer. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehr- kind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Contract Document for Execution - SID No. 534. Water Main. Oak, Hemlock & Fifth Avenue The contract documents for the construction of Watermains on Oak Street, Hemlock Street and Fifth Avenue, SID No. 534 was presented. It was moved by Commissioner Vollmer, seconded by Comm- issioner Vandeventer, that the Contract of Johnston Excavating, Bozeman, in the amount of $33,484.55 be approved and that the Mayor and Clerk of the Commission be authorized and directed to sign the contract for the City and that Johnston Excavating be authorized and directed to proceed with the I construction of SID No. 534 and that the bid security in the amount of 10% be returned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commiss- ioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Reports The following reports were presented: Fire Chief (Annual & Monthly) Cashier Police Judge The City Manager commented on the reports and recommended their approval. It was moved by 101 Commissioner Vandeventer, seconded by Commissioner Taylor, that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Claims Claim No's. 07177 through 07317 and 17681 through 17897 inclusive were presented. I Band $ 3.65 Police Reserve $ 3,824.73 Cemetery 7,317.34 SDS 10,201.01 Garbage 4,525.90 SID's 83,367.10 General $21,964.27 Street 6,997.47 Library 1,567.97 Water 22,382.17 Park 2,680.98 Recreation Constr. 7,777 .78 Parking Meter 273.85 Revenue Sharing 1,721.25 PERS 2,480.59 Walks & Curbs 11.332.14 Planning Board 5.82 Total $188.424.02 The City Manager 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 directed to issue warrants in payment. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the claims be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer. Commissioner Vandev- venter. and Mayor Sedivy; those voting No, none. Commission Resolution No. 1664 ~ Maturity Date and Principal Amount of Bonds of SID No. 534 The City Manager presented Commission Resolution No. 1664 setting the date. maturity date and principal amount of bonds issued in SID No. 534. entitled: COMMISSION RESOLUTION NO. 1664 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 534. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that Commission Resolution No. 1664 be passed and adopted and the motion was carried by the following Aye and No I vote: those voting Aye being Commissioner Lehrkind. Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor 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 meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor. Commissioner Lehrkind and Mayor Sedivy; those voting No, none d~' _-;~C"_c - "._,'-;/-/_ "/,___',,, ~~_~-C7-" '77 - //. '("" >~ 7 T 7k ATTEST: EDMIJN!V\>. SEDIVY, Mayor ( ~~/n~L~ .:::1;j/acL ERNA V. HARDING. / Clerk of the City Commission I