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HomeMy WebLinkAbout1963-08-07 - 300 Bozeman, Montana Mlgpist '7th,l963 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, August 7th, 1963 at 1:00 o'clock p.m. Present were Mayor , Staudaher, Commissioner Sedivy, Commissioner Morrow, City Manager Cutting, Ass't. City I Manager Fryslie, City Attorney Berg and the Clerk. The following proceedings were had: The Commission dispensed with the reading of the minutes of the last regular meeting. Authority to Call for Bids for Radio EQuipment The City Manager reported that regulations of the Federal Communications Commission have made it necessary for the City to purchase additional F. M. Radio Communication Units in order to transfer the Fire Dpeartment from the police Department to the operational net- work of the City and requel'Jting authority to advertise for bids for this equipment and other units needed by other departments in the approximate amount of $4,000.00. It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the purhhase of the equipment as requested be approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those voting No, none. SID No. 429 -- Award of Contract to Long Construction Company The Commission was referrrd to its action of July 31st, 1963, in regard to the opening of construction bids for Special Improvement District No. 429, and the tabling of the award- I ing of the contract until this meeting. McKinley T. Anderson, Junior acting on behalf of all property owners of the property incorporated within the boundaries of Special Improvement District No. 429, appeared to present a petition entitled, t'Request and Waiver", which in effect states that each and all the property owners in the District waive any further notice, any hearing, public or other- wise, and waived any right to objection they have, saying that in fact they have no objection to the revised estimate of cost of this proposed project in the amount of approximately Forty Thousand Dollars ($40,000.00) or to awarding a contract of which the total allocable to the same shall equal Forty Thousand Dollars ($40,000.00), attributable in part to the estimated cost of the project and the engineering, inspection, legal fees, etc. necessary in the opinion of the Commission in connection therewith, and requesting that the Gity of Bozeman award the construction contract to Long Construction Company on the basis of its bid of Thirty-four Thousand Nine Hundred Thirty-five and 10/100 Dollars ($34,935.10), which bid has been deter- mined by the engineers to be the lowest and best bid submitted. The City Attorney advised the Commission that based upon the filing of the '~equest and Waivertt as mentioned, the contract for the construction of the improvements for Special Im- I provement District No. 429 could now be legally awarded to Long Construction Company on the basis of its low bid and this award was recommended by the City Manager. It was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that, Bubject to the sale of the bonds of the district, Long Construction Company be awarded the contract for the construction in Sp.~lal Improvement District No. 429 on the basis of its low bid of $34,935.10, and the bid security of the unsuccessful bidders be returned. The motion was carried by the following I I I 3€m 3'0/ Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and COIDllissioner Sedivy; those voting, No, none. Public Hearin,g Annual Budget This was the time and place set for public hearing in the Appropriation Ordinance No. 842 for the fiscal year ending June 30, 1964. Affidavit of publication of notice of hearing was presented. No one appeared to verbally protest and the Clerr of the COmmission stated no formal protest had been filed in opposition to the adoption and passage of the proposed ordinance and accompanying annual appropriation budget. It was moved by COmmissioner Morrow, seconded by CommissionerSedi vy, that the Clerk of the Commission be authorized and directed to have the Ordinance published as required by law and the motion was carried by the ilollowing Aye and No note: those voting Aye being Mayor Staudaher, Commissioner Morrow and COmmissioner Sedivy; those voting No, none. Resolution No. 1081 - Tax Levy Resolution Number 1081 setting the tax levy at 45.9 mills for the year 1963 was presented, entitled.: COMMISSION RESOLUTION NO. 1081 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZliMAN DETERMINING THE AMOUNT OF CITY TAXES FOR ALL PURPOSES, GENERAL AND SPECIAL, TO BE LEVIED AND ASSESSED ON TAXABLE PROPERTY IN THE CITY OF BOZEKAN, STATE OF MONTANA, FOR THE FISCAL YEAR ENDING JUNE 30th, 1964. It was moved. by Commissioner Sedivy, seconded by Commissioner Morrow, that the resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those voting No, none. Resolution No. 1082 - Acc tance of Federal Grant for Ai ort jointly with Gallatin County The Commission was referred. to a previous action of the Commission on June 12, 1963, regarding the acceptance of a Federal grant to further extend the run. way at Gallatin Field. Commission Resolution No. 1082 having been prepared was presented, entitled; CO~ISSJ:ON RESOLUTION NO. 1082 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPl'ING, APPROV- ING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT RECEIVED FROM THE ADMTIJIS- TRATOR, FEDERAL AVIATION AGENCY, UNITED STA'!: S OF AMERICI, BEING PROJECT NO. 9-24-003-C406 and CONTRACT NO. FA-CE-2489 It was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that Commission Resolution No. 1082 be passed and adopted as of this date and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those voting No, none. Petition for Pavin,g Villard Street -- 9th to 7th Ave. (with Storm Draina,ge and Water Main) A petition, signed by owners of 76% of the property affected. within the proposed dist- rict, requesting the creation of a special improvement district to provide all necessary drain- age, curbs and gutter, and paving and installation of water mains within the general area of Villard Street from 7th Avenue North to the alley east of 9th Avenue, was presented.. In concurrence with the recommendation of the City Manager, it was moved by Conunissioner Sedivy, seconded by Conunissioner Morrow, that the City Attorney be provided with the necessary data and instructed to prepare a resolution of intention to create the district. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner - ,3c/v Morrow and Conunilsioner Sedivy; those voting No., none. Petition for Paving Villard Street -- 2.th to 7th Ave. (with Storm Drainage and Water Main) A petition, signed by owners of 76% of the property affected within the proposed district requesting the creation of a special improvement district to provide all necessary drainage, curbs, and gutter, and paving and installation of water mains within the general area of 1 Villard Street from 7th Avenue North to the alley east of 9th Avenue, was presented. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the City Attorney be provided with the necessary data and instructed to prepare a resolution of intention to create the district. The motion was carried by the following Aye and No vote: those voting Mayor Stuadaher, Commissioner Morrow and Commissioner Sedivy; those voting No, none. LICENSE BONDS = John L. Shaffer (Electrician & Gas Fitter) The electrician and gas fitter bonds of John L. Shaffer, dba Shaffer Construction, Bozeman, Montana., issued by the Western Surety Company were presented. The bonds having been approved by the City Building Inspector and as to form by the City Attorney, it was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the bonds be approved and accepted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy, those voting No, none. Sale of Bonds -- $'Oecia1 Im'Orovment District No. 429 This was the time and place set for the sale of bonds of Special Improvement District No. 429. Affidavit of publication of notice of sale of the 1D nds was presented. . 1 The City Manager stated that bonds of Special Improvement District No. 429 would be s:>ld in the total amount of $40,000.00. It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the City proceed with the sale of the lands. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commi~sioner Morrow, and Commissioner Sedivy, those voting No, none. The following bidders appeared and qualified by depositing with the Clerk of the Comm- ission the necessary bid security. ~ilQ~li !l~E.li!a~!iI.lliQ J. D. Street Security Bank and Trust Co. Arnold Huppert Himself R. I. Diefenderfer Himself Although the bid security of $1,750.00 received from R. I. Diefenderfer was not in the amount of $2,000.00 as required, the Commission with the approval of other bidders present waived this irregularity with the understanding that an additional deposit would be made in the event Mr. Diefenderfer was the successful bidder. I" It was mutually agreed the sealed bid of Grande & Co., filed with the Clerk of the Commission should be opened first and the oral bidding would follow. The sealed bid of Grande & Co., Seattle, Washington, was then opened and found to contain a check made to another City and therefore as the bid failed to be accompanied by proper bid security, it was necessarily rejected without reading. Mayor Staudaher announced the Commission was ready to hear oral bids for the bonds of the district and the bonds would be dated September 1, 196:3. The lowest effective interest reate accruing to the City of Bozeman offered as oral I I I B --' . 'OoL:~J . .,.............. ""'"'.....' bids were as follows i~DDER ----...- Interest Rate Security Bank & Trust Co. R. I. Diefenderder Arnold Huppert 4.00% 4.90% (Plus $25.00 Premium) 5.00% Following the recommendation of the Director of Finance, concurred in by the City Man- ager, it was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the bid of the Security Bank & Trust Co., Bozeman, Montana, being the lowest and best bid submitted, the sale of the bonds be awarded to the Securl ty Bank & Trust Company, and the bid securities of the unsuccessful bidders be returned. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy, those voting No, none. Petition for Paving and Drainage for General Area between North Rouse and North Broadway Avenues from East Mendenhall to Peach Streets. A petition signed by owners of 11.8% of the property affected within the proposed dist- rict requesting the creation of a special improvement district to provide all necessary drain- age, curbs & gutters, and paving on the streets within a general area between North Rouse and North Broadway Avenues from East Mendenhall to Peach Streets was presented by Don Lan- phear of 431 N. Ida Avenue. Mr. Lanphear was in this instance cautioned by the Commission that after a resolution of intention to create the district is passed, creation of the dist- rict is not mandatory in the event numerous conditions of undue hardship or problems detri- mental to the public interest are revealed at the hearing, even though there may be less than a 40% protest recorded. It was moved by CoJmhissioner Sedivy, seconded by Commissioner Morrow, that the City Attorney be provided with the necessary data and instructed to prepare a resolu- tion of intention to create the district. The motion was carried by the following Aye and No vote, those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy" those voting No, none. Appointment -- Joseph Wantulok. Police Commission The City Manager reported that Police Commissioner C. E. Stephenson had for personal reasons requested that he not be again re-appointed to the Police COmmission, where as a member, he had rendered an outstanding service to the City of Bozeman, since his original appointment on December 3, 1947. The Manager then announced his appointment, subject to consent of the City Commission, of Joseph Wantulok as Police Commissioner for a term expir- ing April 30, 1966. It was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the appointment be approved and the motion was carried by the follOWing Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow, and Commissioner Sedivy, those voting no, none. Death of Belgrade Mayor Richard Thunem Mayor Staudaher noted the death of Mayor Richard Thunem of Belgrade, and it was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the City of Bozeman extend its condolence and feeling of sympathy to members of the decealed t s family and the City of Belgrade. 3ErZ a ("FJ ~, " Authority to Invest Park-Land Trust Funds ($2.000) It was reported the Director of Finance has requested authority to invest $2,000.00 of Park-Land Trust Funds in Series "H" U.S. Bonds. The City Manger recommended that the invest- ment be approved and it was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the investment be approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow, those voting No, none. Blanket Liability Policy Gardner C. Waite of Waite & C?mpany- and Gerald Ecbrumds, an insurance adjuster, appeared at the request 6f the City to di~cuss various aspects of the City's blanket liability insurance coverage and assured the Commission that it is their joint opinion the City is adequately insured. They further advised, however, that although there are additional coverages avail- able, the premium rates are of such a nature that in this instance the additional expense is not usually considered justifiable. RepOrts The following reports for the month of June and July, were presented: Cemetery (June) Disposal Plant Operator Fluoridation Librarian Cashier Building Inspector Police Judge Polic e Chief Fire Chief After commenting on the reports, the City Manager recommended their approval. It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy, those voting No, none. Claims Claim No's. 7122 to 7439, inclusive were presented on the various funds as follows: EBlli! Amount ~ General $22,650.79 Street Water 14,508.23 S.D.S. Library 2,717.89 Park Cemetery 3,619.32 Band Garbage 5,345.01 Parking Meter Pollce Reserve 2,530.97 PERS Planning Board 55.00 SID's Amount Total $ 7,228.06 9,450.37 7,558.45 1,437.70 1,158.25 1,105.58 50.512.39 $129,878.01 The City Manager commented on the claims and stated he had audited them and found them to be true and lawful claims against the City of Bozeman and recommended that they be approved and the Director of Finance directed to issue warrants in payment. After examination of the claims in detail and checking against the claim regis'tier, it was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that all claims as presented be approved and the motion was carried by the following Aye and No, vote: those 'Voting Aye being Mayor Staudaher, CoIllIlli:ssioner Morrow and Commissioner Sedivy, those voting No, none. Claim -- Tschache Bros. (Estimate for Misc. Walk & Curbs. 1963) A claim in the amount of $816.07, which represented the amount due as estimate No.1, to Tschache Bros, for the cons~ction of Miscellaneous Walks and Curbs for 1963, was presented. The City Manager recommended that the Commission approve the claim and grant authority to the Director of Finance to issue Miscellaneous Walk & Curb Warrants now being printed in pay- ment. It was moved by Commissioner Sedivy, seconded by Conunissioner Morrow, that the claim I I I 305 be approved as recommended and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy, those voting No, none. Adjournment I There being no further business to come before the Commission at this time it was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the meeting adjourn. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Comm- issioner Sedivy and Commissioner Morrow; those voting No, none. Fk-0j;^ ,? i ~ AT-TEST: ~6:{({!<~d Clerk of t 'City Commission - - - I I