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HomeMy WebLinkAbout1973-05-16 I 1 I 419 Bozeman, ~IDntana 16 May 1973 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 16 May 1973, at 1:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, City Manager Fryslie, Ass't City Manager Keyes, Acting City Attorney O'Connell and the Clerk. Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had: Min~tes of the regular meeting held Wednesday, 9 May 1973 were approved as read. Award of Fuel Purchases for Fiscal Year 1973-74 The Commission was referred to the opening of bids from Gasoline, No. 2 Diesel and No.1 Diesel suppliers to furnish 70,000 gallons regular gasoline, 15,000 gallons No.2 diesel and 1,500 gallons No.1 diesel fuel to 30 June 1974. The bids having been analyzed by the Ass't. City Manager and the City Engineer, they recommended that the purchase of approximately 70,000 gallons regular gasoline in the amount of .28t be awarded to Continental Oil Company, it being the only bid and subject to escalation with normal tankwagon prices and that the purchase of 15,000 gallons of No.2 diesel in the amount of .169 and 1,500 gallons No.1 diesel fuel in the amount of .175 per gallon be awarded to Chevron Oil Company on the basis of their bid, it being the only bid and subject to change upon notice at any time. Following a discussion, the Commission concurred in the recommendation of the City Manager that in view of the current conditions the above were acceptable bids, ~nd it was moved by Commissioner Sedivy, Seconded by Commissioner Lehrkind, that the purchase of gasoline, No.2 Diesel and No.1 diesel be awarded to the above suppliers and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vendeventer, Commissioner Vollmer, and Mayor Grabow; those Voting No, none. Open Construction Bids - SID No. 512, 519, 520 & Wallace Avenue This was the time and place set for opening bids for the construction of paving and storm drain, Thompson's 1ft 4, SID No. 512, for the construction of paving West Mendenhall and West Lamme Streets between North Tenth and North Eleventh Avenue SID 519, for the construction of paving North Twentieth Avenue from Main Street to Beall Street SID No. 520, and construction of widening curb and gutter and paving North Wallace Avenue between Main Street and Lamme Street. Affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Lehrkind, 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 Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, CommissionerSedivy, and Mayor Grabow; those voting No, none. The following bids were then opened and read: Empire Sand & Gravel, Billings SID it 512 I It $353,475.00 None $ l6,66L+.50 & It$ 69,77l+.50 None Schedule Schedule SID 1ft 519 SID ~ft 520 North Wallace Schedule I Schedule I Schedule II Sch. I & It Schedule I Schedule II Sch. I & II Schedule I Schedule II Sch. I & II Schedule I Schedule II $349,140.50 73,337.00 14,635.00 59,615.70 38,131. 50 $419,021. 80 70,257.80 21,399.40 92,127.00 66,358.00 $399,882.00 None 15,014.90 60,737.20 35,383.30 Long Construction, Billings SID if 512 SID it 519 SID ift 520 North Wallace Peter Kewit & Sons, Billings SID if. 512 Schultz & Meyer, Billings SID it 519 SID 1ft 520 North Wallace SID 1ft 512 Utility Builders, Gt. Falls SID 4ft 519 SID 4ft 520 North Wallace SID ift 512 Johnson Construction None $ 79,635.21 Bids Not opened as he did not have Adequate license. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bids be referred to the consulting engineers, City Engineer and the Acting City Attorney for final tabulation and recom- mendation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vendeventer, Commissioner Vollmer, Commissioner Sedivey, Commissioner Lehrkind, and 42C Mayor Grabow; those voting No, none. Sale of Bonds - SID No. 512 - $688,000.00 This was the time and place set for the sale of bonds of Special Improvement District No. 512 in the total amount of $688,000.00 for the construction of paving and storm drain in Thompsons No. 4, a portion of University Subdivision No. 2 and a portion of University Subdivision. Affidavit of publication of Notice of the sale of the bonds was presented. The Notice of Sale of Bonds having contained an error " construction of watermains" should have read "construction of Paving and Storm Drain" it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that upon recommendation and suggestion from the Acting City Attorney, the records show that all prospective bond buyers present agreed that this was in fact a typographical error. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vendeventer, and Mayor Grabow; those voting No, none. The Mayor and the City Manager outlined the proceedure for conducting this bond sale and stated that the amount of bonds to be sold for this district would be $688,000.00 as advertised. Mayor Grabow announced that the City was ready to conduct oral bidding on the bonds of Special Improvement District No. 512 in the amount of $688,000.00. The following bidder qualified by depositing with the Clerk of the City Commission the necessary bid security. Bidder Gene Hufford Representing D. A. Davidson & Co., & Piper, Jaffray and Hopwood Mr. Hufford of D. A. Davidson & Co., Helena, being the only bidder, bid 5.9% as the lowest effective interest rate accruing to the City of Bozeman. The City Manager stated the bid of 5.9% by D. A. Davidson & Company was acceptable. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the sale of the bonds for Special Improvement District No. 512 be awarded to D. A. Davidson & Company and the Motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Grabow; Commissioner Sedivy abstained. Sale of Bonds -_SILl;l'o. 519 - Paving W. Mendenhall & W. Lamme St., $25,000 This was the time and place set for the sale of bonds of Special Improvement District No. 519 in the total amount of $25,000.00 for the construction of paving on West Mendenhall Street and West Lamme Street between tenth and Eleventh Avenue lying in the Springbrook Addition. Affidavit of publication of Notice of the sale of the bonds was presented. The Notice of Sale of Bonds having contained an error "construction of watermains" should have read "construction of paving" i.t was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that upon recommendation and suggestion from the Acting City Attorney, the records show that all prospective bond buyers present agree that this was in fact a typographical error. 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. The Mayor and the City Manager outlined the proceedure for conducting this bond sale and stated that the amount of bonds to be sold for this district would be $25,000.00 as advertised. Mayor Grabow announced that the City was ready to conduct oral bidding on the bonds of Special Improvement District No. 519 in the amount of $25,000.00. The following bidders qualified by depositing with the Clerk of the City Commission the necessary bid security. Bidder Gene Hufford Representing D. A. Davidson & Company & Piper, Jaffray & Hopwood Phil Sandquist Security Bank & Trust Company Jean Roby First National Bank The lowest effective interest rate accruing to the City of Bozeman offered as oral bids were as follows: Bidder Security Bank & Trust Co. D. A. Davidson & Co., First National Bank Interest Rate 6.4% 6.35 6.0 Following the recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bid of the First National Bank of Bozeman, Montana, being the lowest and best bid submitted the sale of the bonds be awarded to the First National Bank of Bozeman and the bid security of the unsuccessful bidders be returned and the motion was carried by I 1 I I the following Aye and No vote: those voting Ave being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Sale of Bonds - SID No. 520 - Paving North 20th Avenue, $67,000.00 This was the time and place set for the sale of bonds of Special Improvement District No. 520 in the total amount of $67,000.00 for the construction of paving on North Twentieth Avenue from Main Street to Beall Street. Affidavit of publication of Notice of the sale of the bonds was presented. The Notice of Sale of Bonds having contained an error" construction of watermains" should have read II construction of paving & storm drains II it was moved by Commissioner Vollmer. seconded by Commissioner Sedivy, that upon recommendation and suggestion from the Acting City Attorney, the records show that all prospective bond buyers present agree that this was in fact a typographical error. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Vendeventer. Commissioner Lehrkind and Mayor Grabow; those voting No, none. The Mayor and the City Manager outlined the proceedure for conducting this bond sale and stated that the amount of bonds to be sold for this district would be $67.000.00 as advertised. Mayor Grabow announced that the City was ready to conduct oral bidding on the bonds of Special Improvement District No. 520 in the amount of$67,000.00. The following bidder qualified by depositing with the Clerk of the City Comolission the necessary bid security. 1 Representing D. A. Davidson & Company & Piper, _Jaffray & Hopwood Mr. Hufford of D. A. Davidson & Company. Helena, being the only bidder, bid 6.10% as the lowest effective interest rate accruing to the City of Bozeman. The City Manager stated the bid of 6.10% by D. A. Davidson & Company was acceptable. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the sale of the bonds for Special Improvement District No. 520 be awarded to D. A. Davidson & Company and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Grabow; Commissioner Sedivy abstained. Deed for Additional Park Area - Gardner Park Subdivision A Warranty Deed whereby Olga M. Gardner granted unto the City of Bozeman as a gift an ad~ ditional eight acres of land as a park area as follows: Lot One (1) in Block One (l) and Lot One (1) in Block Six (6) of the Gardner Park Subdivision; located in the northeast quarter of Section Thirty (30), Township Two (2) South, Range Six (6) East, M.P.M., Gallatin County, Montana, on condition that said property be preserved as a part of Gardner Park in said Subdivision for natural wildlife habitat, i.e.. plants, trees, birds, animals, etc,; that use is restricted to footpaths or nature trails for pedestrians, bicycles or cross country skiers. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Warranty Deed be accepted and filed. Mayor Grabow on behalf of the City Commission expressed his gratitude and appreciation to Olga M. Gardner for the conveyance of this additional park area and instructed the City Manager to address a letter to Mrs. Olga M. Gardner thanking her for this genErous gift. 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. Hestlakes Fourth Subdivision - Final Plat. Deed for Oak Street Right of Way The final plat of Westlakes Fourth Subdivision having been tabled 21 March in order that it be developed in final form was removed from the table and presented along with a favorable recommend- ation from the City-County Planning Board. The Park dedication of 5.9 acres is sufficient for park dedication on Westlakes 2nd, 3rd, 4th and Westlake Addition. Additional park land has been designated adequate to satisfy park re- quirements for future plating of land currently owned by Westlake and lying north of Oak Street. A Warranty Deed whereby Myron M. & Auro D. Westlake deeded unto the City a strip of land located in Lot One (1), Block (1), of Westlake's Second Subdivision to Bozeman, Montana, also a strip of land 15 feet in width situated in the Southeast Quarter of the Northeast Quarter of Section One (1), Township Two (2), South, Range Five (5) East, M.P.M.. and a Warranty Deed whereby Myron M. & Auro D. Westlake deeded unto the City of Bozeman a tract of land located in the Northwest Quarter Bidder Gene Hufford I 421 422 of Section Six (6), Township Two (2) South, Range Six (6) East, M.P.M., and more particularly described as the North Half of Oak Street was presented. The conveyance of the fifteen foot strip of land on the South side of Oak Street is subject to an existing lease from the grantors herein to the California Oil Company dated 9 March 1964; and the conveyance of the fifteen foot strip of land on the North side of Oak Street is subject to a lease of lands executed by the Grantors herein to Gulf Oil Corporation under date of 11 March 1967. Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the plat of Westlakes Fourth Subdivision be approved as recommended and the City Manager be authorized and directed to sign the plat as Director of Public Service and that the Warranty Deeds be accepted by the City of Bozeman and filed for record with the County Clerk & Recorder and the motion was carriedby 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. Resolution No. 1574 - Intent to Create SID 531 - Pave Circle Drive COMMISSION RESOLUTION NO. 1574 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 531 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MAN- HOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON CIRCLE DRIVE AND A PORTION OF SPRING CREEK DRIVE IN WESTRIDGE, A SUBDIVISION OF A PORTION OF THE NORTHERLY ONE HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 6 EAST, M.P.M. AND BEING A PORTION OF THE CITY OF BOZEMAN. Commission Resolution No. 1574 set forth in full as prepared by the Acting City Attorney was presented. Following a discussion and at the request of the property owners one-hundred percent of whom requested the district, the holding of a public hearing was waived. The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that they waive the public hearing and proceed with the resolution creating the district in accordance with Section 11-2201, R.C.M., 1947, 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. Commission Resolution No. 1576, Creating SID No. 531 - Pave Circle Drive Commission Resolution No. 1576 as prepared by the Acting City Attorney was presented. Commission Resolution No. 1576 set forth in full: COMMISSION RESOLUTION NO. 1576 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 531 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERE- TO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON CIRCLE DRIVE AND A PORTION OF SPRING CREEK DRIVE IN WESTRIDGE, A SUBDIVISION OF A PORTION OF THE NORTHERLY'ONE HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 6 EAST, M.P.M. AND BEING A PORTION OF THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that Commission Resolution No. 1576 creating Special Improvement District No. 531, paving Circle Drive be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vendeventer, and Mayor Grabow; those voting No, none. Mr. Beardsley - Present in regard to dust problem on Kagy Lane Mr. Beardsley along with several other members from Kagy Lane were present to discuss the dust problem in that area. The Commission thanked the interested parties for coming and advised them that they would take their request under advisement. Resolution No. 1575 - Intent to Vacate Fourth Avenue, Westlakes First Addition ~earing 13 June 1973 Commission Resolution No. 1575 set forth in full: as prepared by the Acting City Attorney as directed by the Commission to vacate a ten foot wide East-West Alley of Block 2, Westlakes First Addition to Bozeman, Montana, was presented. COMMISSION RESOLUTION NO. 1575 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE TEN FOOT WIDE EAST-WEST ALLEY OF BLOCK 2, LYING BETWEEN NORTH FOURTH AVENUE AND NORTH FIFTH AVENUE AND LYING I 1 I I 1 I 423 NORTHERLY OF THE ABUTTING ON LOTS 1, 2, 3 and 4 OF BLOCK 2, WESTLAKES FIRST ADDITION TO BOZEMAN, MONTANA. It was moved by Commissioner Sedivy, Seconded by Commissioner Lehrkind, that Commission Resolution No. 1575 be passed and adopted and 13 June 1973 be the date set for the public hearing 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. Plans & Specifications SID No. 524 - SID No. 524, Water & Sewer Circle Drive Open Construction Bids 13 June - Bond Sale 20 June - $56,900.00 Plans and specifications covering the proposed improvement in Special Improvement District No. 524 for the construction and installation of a watermain and a Sanitary Sewer Main on the entire length of Circle Dr~ve and a portion of Spring Creek Drive as, prepared by Thomas, Dean & Hoskins, Inc., consulting engineers was placed before the Commission. In concurrence with the recommendation of the consulting engineers, the City Manager recommended that the plans and specifications as presented be approved and that a call for construction bids and sale of bonds for SID No. 524 in the maximum amount of $56,000.00 be authorized. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the plans and specifications be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Special Improvement District No. 524 with an opening date of 13 June 1973 and to advertise for bids for the sale of the bonds in the approximate amount of $56,000.00 to be received 20 June 1973 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. Abatement of Street Assessment - Highway Department, East Main Street An application for abatement of taxes on portion of Lots 6-16 in Block 23 and a portion of Lots 19-24 in Block 24 in the Northern Pacific Addition and transferred to the Highway Department was presented. Since the property belongs to the Highway Department and is not assessable, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the abatement of taxes be approved 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. Reappointment of Police Commissioner Harold A. Hogg - 3 Year Terms ending 2/30/76 The City Manager announced his reappointment of Harold A. Hogg as a member of the Bozeman Police Commission for a three year term from 1 May 1973 to 30 April 1976. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Commission concur in the reappoint- ment of Harold A. Hogg and the motion was carried by the following 4ye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Van- deventer, dndlflayor Grabow; those voting No, none. Cooperative Agreement with U. S. Forest Service - Bozeman Creek Municipal Watershed A renewal Cooperative Agreement for the continued public use of the Bozeman Creek Municipal watershed (use limited to hiking and horseback travel) was presented. There is no expiration date on the Agreement, but it can be terminated in 60 days written notice by either party. Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Cooperative Agreement be entered into and the Mayor and the Clerk of the Commission be authorized to execute it in behalf 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. Micha~j"...:.-Q.~Conn~ll - Appointed City Attorney The City Manager announced his appointment of Michael J. O'Connell as City Attorney for the City of Bozeman. It was moved, seconded, and carried that they concur in the City Managers Appointment. College National Finals Rodeo Parade 19 June - Change of Route A letter received from Jay Melberg, Parade Chairman of the College National Finals Rodeo with a suggestion from Chief Johnson that they alter the parade route from the original plan to turn north at Main Street and Grand Avenue and proceed directly to the fairground where they will disband was presented. During the discussion Chief Johnson recommended that the Commission approve this rOll te change. Following a lengthy discussion concerning the shortening of the parade route, the number of 424 anticipated entrants and actual cost and expense involved in building the floats, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request to change the route as above stated be approved. Those voting Aye being Commissioner Vollmer, and Mayor Grabow; those voting No being Commissioner Sedivy, Commissioner Lehrkind and Commissioner Vandeventer. 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 I 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. ATTEST: 1 I