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Home My WebLink About1972-01-19 I I I Bozeman, Montana 19 January 1972 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 19 January 1972, at 1:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Acting City Manager Keyes, Act- ing City Attorney O'Connell and the Clerk. Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held l2 January 1972 were approved as read: Open Construction Bids SID No. 504, Paving Tamarack & Aspen St., Between No. 5th & 7th Ave.: This was the time and place set for opening bids for the construction of paving Tamarack and Aspen Street between North Fifth & Seventh Avenue, SID No. 504. Affidavit of publication of Notice to Bidders was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bid of Long Construction Company. Billings, being the only bid submitted, be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. Long Construction Company, Billings $57,l97.25 The Commission concurred with the recommendation of the Acting City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bid of Long Construction Com- pany, Billings, be referred to the engineers representing Consultant Thomas, Dean & Hoskins, Inc., and the City Engineer for final tabulation, consideration and recommendation 26 January 1972 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, seconded by Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow, those voting No, none. Authorize Purchase & Installation of Gratings at Waste Water Treatment Plant: The Acting City Manager requested that he be granted authority to purchase safety grates to be placed over five open pit areas located inside the fence at the new Waste Water Treatment Plant from Midwest Welding & Machine Shop at an approximate cost of $3,940.86. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the City Manager be granted authority to notify Midwest Welding & Machine Shop to proceed with the fabrication and installation of the gratings at the New Waste Water Treatment Plant in the amount of $3,940.86 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, COmmissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Authorization Application for Gas Tax Funds - Portion of Curb & Gutter on North 11th Ave. $534.50: Plans were presented showing the construction of South Eleventh Avenue from West Curtiss Street to Main Street and the reworking of North Eleventh Avenue north of Main Street to furnish a more suitable alignment. During the discussion, it was brought out that the property owners of the adj- oining property north of Main Street had been assessed for Curb and Gutters in a paving Special Improvement District No. 441 in 1965 and that these curbs and gutters are in satisfactory condition so no additional benefit can be shown to accrue to these adjacent properties and the property owners to the south of Main Street will be assessed under a Special Improvement District for their share of the new construction of curbs and gutters south of Main Street. The Acting City Manager recommended that the curb and gutter Station II + lO.O to Station l3 + 72.8 on Project u.S. (1) be submitted as a Gas Tax (HB-436-254) project. The Commission concurred in the recommendation of the Acting City Manager and it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the application be submitted as the number one (1) priority payment of the City of Bozeman share of curb and gutter cost on 609.7 linear feet of curb and gutter, Project U.S. 449 (l) construction Eleventh Avenue in the amount of $534.50 to be paid for from funds allocated to the City under provisions Extradorinary Session House Bill No. 42 with rules and regulations promulgated by the Montana State Highway Commission for administration of the Act. The motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Consideration of a Request for Moratorium & Zoning Change in University Subdivision: A petition signed by 104 persons residing within the general area of the University Subdivision within the City of Bozeman with a recommendation concerning the requested Building moratorium and 217 218 change of zoning within the area was again presented. A letter from the City County Planning Board under date of 17 January 1972 whereby the Board recommended to the City that they oppose the building permit moratorium and that the zoning remain as it was was also presented. Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that action be delayed for a period of one week in order that the Commission make an on the ground in- spection of the area in question and obtain further information. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Comm- issioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. eommission Resolution No. 1502: Commission Resolution No. l502 regarding $450,000.00 Special Improvement District No. 502 bonds as drawn by Dorsey, Marquart, Windhorst, West & Halladay, Attorneys for Piper, Jaffray & Hopwood, Inc., of Minneapolis, Minnesota, amending Commission Resolution No. 1500, was presented, entitled Commission Resolution No. l502 amending Commission Resolution No. 1500 Following a discussion, it was moved by Commissioner Sedivy, seconded bKeCommissioner Lehrkind, that Commission Resolution No. l502 amending Commission Resolution No. l500/passed and adopted by the Commission of the City of Bozeman, Montana, and approved by the Mayor of the City of Bozeman and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. Commission Resolution No. 1503 - Set Date, Maturity Date & Amount of Bonds, SID No. 505: Commission Resolution No. 1503 authorizing the issuance of bonds of Special Improvement District No. 50S was presented as follows: 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. 505. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow: those voting No, none Application for Kennel License, Robert T. Stevens, Jr., - 209 S. Hillson: An application received from Robert T. Stevens, Jr., 209 South Willson, requesting a kennel license in accordance with Ordinance No. 857, Section 5.l6.040 of the Bozeman Municipal Code, to- gether with the required fee was presented. The Acting City Manager and the Chief of Police stated they were not aware of any reason to deny the kennel license and it was moved by Commissioner Vande- venter, seconded by Commissioner Vollmer, that the above 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 Vandeventer, Commiss- ioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Reportl?: The Acting City Manager commented on the report of the Director of Public Service and recommended approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that there- port be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner SediVY, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Request for Sanitary Sewer Connection & Ralph_Aaker Property: A letter received from Donald F. Nell of United Agencies on behalf of a Client, Ralph K. Aaker, requesting the extension of a sewer line from its present location on South Nineteenth Avenue to cover a tract of land being the E 1/2 of the SE l/2 of Section 14, T2S, R5E, MPM, being eighty (80) acres more or less and fronting on Nineteenth Avenue adjacent to the City of Bozeman was presented. Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the above request be tabled until sufficient data has been obtained in regard to the extension of a,.Aiewer line. It was then moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the motion be amended to follow the proceedure of the usual channels of the Planning Board as far as land use before it can be developed. On the motion to amend, those voting aye were Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vollmer and Commissioner Vandeventer and Mayor Grabow; those voting No, none. Those voting on the amended motion being Commissioner Lehrkind, Commissioner SediVY, Commissioner V,andeventer, Commissioner Vollmer and Mayor Brabow; those voting No, none. I I I Examination of Depository Bonds & Securities: In compliance with the provision of Section 16-26l8, R.C.M., 1947, the City Commission pro- ceded to examine the receipts of Depository Bonds and Securities held by the Director of Finance as security for City Funds, deposited in Bozeman Banks. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Securities be approved and a list of these be set forth in full in the minutes of the meeting and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commiss- ioner Vandeventer and Mayor Grabow; those voting No, none. I FIRST NATIONAL BANK OF BOZEMAN Federal Deposit Insurance Corporation Trusteed with Federal Reserve Bank of Mpls.: State of Calif., State School Bldg. Aid Bond Ser. FF, 5% due 9-l-76 St. of Maryland, Gen. Pub Jr. or Community College Const. Loan 1962 Ser. K, Issue of 7-l-64, 3% due 7-l-77 St. of Calif., St. Constr. Program Bd. Ser. M, 3.4%, due 7-1-84 St. of New York Hiway Const. Bd. 3%, due lO-l-78 St. of Maryland Hosp. Constr. Loan 1964, Ser. Z, Rate 3.l0%, Due 3-l-82 St. of Vermont Hiway Bds., Rate 3.60%, due 6-1-81 St. of New York Hsng. Bd., Rate l-3/4%, due ll-1-79 St. of Oregon Vets. Welfare Bd. Ser. XXLL, Rate 3.60%, due 1-l5-8l St. of New Hampshire Cap. Imps. Bd. Univ. of N.H. 1965 Rate 3.40% due St. of Calif. Vets Bd. Act. 1962, Ser GG, Rate 3.4% due 10-1-8l 3-l-8l U.S. Treasury Notes Ser. A-75, 5-3/4%, due 2-l5-75 St. Board of Education, Ex Officio Regents, Mont. Univ. Sys., MSU Bond Ser. 1970, Rate 6%, due l-1-73 2 @ 5000 due l-1-74 2 @ 5000 due l-1-75 2 @ 5000 due l-l-76 3 @ 5000 Bozeman High School District of Gallation Co., Mont., SCH. Bldg. Bond Rate 3%, due 7-l-77 l5 @ 1000 U.S. Treasury Note Ser. A-74, 5-3/4%, due 1l-l5-74 U.S. Treasury Bonds of 1974, 3-7/8%, due ll-15-74 SECURITY BANK & TRUST COMPANY OF BOZEMAN Federal Deposit Insurance Corporation Trusteed with Northwestern National Bank of Mp1s.: Northwestern Nat'l. Bk of Minn., Gallatin Co. Mont. School Dist. #44 Belgrade, Rate 4.l0%, due l-l-77, Sch. Bonds 4 % due l-1-76, 4 % due l-l-75 4 % due l-1-74 4 % due 1-1-73 due 8-l1- Trusteed with Nat'l Bank of Commerce of Seattle: U.S. Treas. Bodds 4%/ 3 Lewis & Clark Co. Mont, School Dist. #1 Helena Bond 6% due 6-l-73 due 6-1-74 due 6-l-76 Trusteed with United Bank of Denver: State Bond of Ed. Ex Officio Regents, MOnt. Univ. System 4-5/8%, due 1-l- Chouteau Co.Mont.School - 5.60% due 12-30-87 86 District #44 Bldg. Bonds 5.50% due l2-30-86 5.20% due 12-30-84 Choteau Co. High School District #lll Bldg. Bond. 5.60% due l2-30-87 5.50% due 12-30-86 5.20% due 12-30-84 I Trusteed with Federal Reserve Bank of Minneapolis U.S. Treas. Bonds of 1980, 3-1/2%, due 1l-l5-80 U.S. Treas. Notes, Ser. B-7l, 6-l/4%, due 2-l5-78 TOTAL MONTANA, NATIONAL BANK 8F BOZEMAN I Federal Deposit Insurance Corporation Trusteed with Federal Reserve Bank of Mpls.: U.S. Treas Bonds of 1967-72, 2-\%, due 9-15-72 State of Mont. Co. of Dawson, Glendive, Water & Sewer Sys. Bds. due 7-l-62-79 5.1% Ennis, Mont., Madison Co., Sewer Constr. Bd. 4.45%, due 9-l-67-86 Trusteed with Marquette National Bank of Mp1s. State of Montana, Co. of Jefferson, City of Boulder,G.O. Sewage System Bonds, 4.71% due 2-15-72-87 State of Montana Co. of Madison, SD#5, due ll-l-71-87 Three Forks Hi School Dist. #J-24 of Gall. & Broadwater Co., 5%, due School Dist. #1 Silver Bow Co. Mont., due 7-1-85, 4% County of Mineral Mont., Hospital Bond, due l2-l5-84, 4.5% School Dist. #3 of Ravalli Co., Mont., due 1-1-88, 5% School Dist. #3 of Lewis & Clark Co., MOnt., 4.7%, due 12-15-86 TOTAL Receipt No. Total Amount $ 20,000.00 l0874 20,000.00 10883 20,000.00 11558 20,000.00 11559 30,000.00 l3078 30,000.00 13080 30,000.00 13149 40,000.00 l3l50 30,000.00 13151 30,000.00 l3l52 30,000.00 l4599 200.000.00 14758 lO,OOO.OO l4759 10,000.00 l476l 10,000.00 l4762 15,000.00 l4765 l5,000.00 l4825 50,000.00 l4827 100.000.00 TOTAL $ 710,000.00 20,000.00 3032 3033 3034 3035 3036 3103 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 100,000.00 15,000.00 l5,000.00 6,000.00 l5,OOO.00 13,000.00 13,000.00 2,000.00 l8,lOO.00 l8,lOO.00 l8,lOO.00 40,000.00 196,000.00 $ 514,300.00 $ 20,000.00 2,000.00 40,000.00 lOO,OOO.OO 3776 3777 3778 3819 3820 3822 3823 3824 3825 3826 10274 l0272 l30l l404 2729 2914 3449 1-1-89 HI4237 Hl4238 Hl4239 Hl4240 Hl424l 67,200.00 40,000.00 10,000.00 l5,000.00 13,600.00 45,500.00 l6.000.00 369,300.00 $ 219 RECEIPT NO. TOTAL AMOUNT WESTERN BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation U.S.A. Treasury Bills due 3l March 1972 3590 $ 20.000.00 lOO,OOO.OO Total $l20,OOO.00 I This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section l6-2618, R.C.M., 1947 have this day examined the receipts of the Federal Reserve Bank of Minneapolis, the Northwestern National Bank of Minneapolis, the Marquette Nat- ional Bank of Minneapolis, and the National Bank of Commerce of Seattle, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman Funds by the several banks of Bozeman and find them to be as above stated, are hereby accepted and approved. Dated 19 January 1972 SIGNED By: William E. Grabow, Mayor Edmund P. Sedivy, Comm. James W. Vollmer. Comm. Carl Lehrkind, III, Comm. Milt. Vandeventer. Comm. Authorize Calling for Bids - Fabrication & Installation of Railings at W.W.T.P., Bid Opening 9 February: The Acting City Manager advised the Commission that there was a need for the construction, erection and installation of protection railings on certain structures at the Waste Water Treat- ment Plant in compliance with the United States Department of Housing and Urban Development. The City Engineer prepared the Plans and Specifications for the installation of the Railings and the Acting City Manager requested authority to call for bids for the construction of the railings. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the request to call for bids be approved and the Clerk of the Commission be directed to issue a "Call for Bids" for the construction, erection and installation of protection railings on certain structures at the Waste Water Treatment Plant, to be opened 9 February 1972. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Fina 1 Accep tance of SID No. 503. h1allace Ditemsn, Inc.,: The certificate of the engineer of Thomas, Dean & Hoskins, Inc., on Special Improvement Dis- trict No. 503, stating the construction has been completed in accordance with the terms and stipu- lations given in the plans and specifications was presented. The consulting engineers recommended that the project be accepted and Pay Estimate No. 2 final payment be made and that final acceptance and payment does not relieve the contractor of the responsibility for negligence or faulty material or workmanship within the extent and period provided by law. The contractor has furnished a per- formance bond equal to the total contract bid to guarantee materials and workmanship for a one year period commencing upon final acceptance. A letter from Richard J. Andriolo, Attorney for U.S.F. & G. was read stating that in order to facilitate payment of this final amount, U,S.F.& G. authorized release of the monies on the express condition that the City of Bozeman make such payment to Security Bank & Trust Company in accordance with contract documents covering SID No. 503 subject to the provisions of paragraph 3.22 of the general conditions of the contract between Wallace Diteman, Inc., and the City of Bozeman covering the construction of SID No. 503. The Acting City Manager stated that an attachment by Kermit A. Kruse, Inc., of Helena, Montana, through the l8th District Court has also been released. In concurrence with the recommendation of the consulting engineers also concurred in by the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that payment of Pay Estimate No. 2 final payment be accepted and the Director of Finance be directed to issue a warrant in the amount of $3,257.99 to the Security Bank & Trust Company, Bozema~and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Adjournment: There being no further business to come before the Commission at this time, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the meeting be adjourned and the I I 220 I 220A motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting No, none. ~~~ I ATTEST: t-?7W- // $4 Erna V. Harding, / Clerk of the City Commission I