Loading...
HomeMy WebLinkAbout1989-07-17 . , .. > ~-- / MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 17, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission j;I.D Present were Mayor Stiff, Commis- Room, Municipal Building, July 17, 1989, a~.m. sioner Hawks, Commissioner Vant Hull, Commissioner Martel, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Goehrung was absent in compliance with Section 7-3-4322(2). M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Stiff deferred action on the minutes of the regular meeting of July 10, 1989, for a period of one week. Award bid - one 1989 sanitary landfill compactor (C I P) This was the time and place set for awarding the bid for one 1989 sanitary landfill compactor. The City Manager reminded the Commission that monies for this item have been budgeted in the Capital Improvements Program. City Manager Wysocki then submitted to the Commission a memo from Director of Public Service Phill Forbes recommending that the bid be awarded to Tractor and Equip- ment, Billings, Montana, in the bid amount of $157,963.00, it being the bid which would best serve the City of Bozeman. He noted the Director has also requested that he be au- thorized to negotiate the six-month Value Assurance Warranty. The City Manager con- curred in this recommendation. Commissioner Hawks noted that a representative of Western Plains Machinery Company had contacted him and requested an opportunity to address questions raised by represen- tatives of Tractor and Equipment Company in a letter submitted to the Commission last week after the bid opening. City Attorney Becker reminded the Commission that the letter from Tractor and Equipment was unsolicited. He then indicated he is not aware of any legal requirement to seek answers to the questions raised in that letter. Commissioner Vant Hull indicated an Interest in receiving answers to the questions raised. Commissioner Martel noted it appears that both bidders met the specifications con- 07-17-89 , . - 2 - ~ tained in the bid; and he noted there must be a compelling reason for him to accept the higher of the bids submitted. He then stated he would like to receive answers to some of the questions raised before making a decision on this item. Director of Public Service Forbes reiterated the recommendation contained in his memo that the bid from Tractor and Equipment be accepted. He noted that Western Plains Machinery bid a Bomag unit which is no longer in production; and he is concerned about the availability of parts and service during the life of the compactor. I n response to a question from Commissioner Martel, the Di rector stated that Sanita- tion Superintendent Roger Slcz toured various landfills around the State, including some using Bomag and some using Caterpillar, prior to preparation of the bid specifications. He stated that the resale or trade-in value of the equipment, as well as satisfaction with the performance of the machinery, are factors which have entered into the decision-making process. Director of Public Service Forbes stated that after considering those factors and review of the bids, the Sanitation Superintendent has recommended that the bid from Trac- tor and Equipment for a Caterpillar compactor be accepted; and he concurs in that rec- ommendation. In response to another question from Commissioner Martel, the Director of Public Service indicated that the major difference in the amounts contained in these bids versus those received previously was the type of warranty which was bid. He noted that these bid figures contain the equipment costs only, with the warranty costs being listed sepa- rately. He then stated these figures can be more easily compared than those previously received because they are based on the same factors. Commissioner Martel noted that over the past three and one-half years, he has seen a considerable amount of repair charges for the Caterpillar 973 currently being used at the landfi II. He then noted this also involves a considerable amount of down time for that piece of machinery. He then expressed concern that the same maintenance problems could be incurred with another piece of Caterpillar machinery. as well as the fact that a sin- gle-source supplier is involved in repair of Caterpillar units. City Manager Wysocki noted that the bid from Western Plains Machinery contained an asterisk and a notation that indicates the piece of equipment was available at the time the bid was submitted but may not be at this time. Commissioner Vant Hull asked If parts would be available for the Bomag unit if it is no longer in production. The Commission then determined they would accept comments from the representa- tives of the two J~ submitted bids. __ Mr. Bob Shrinef'-, Western Plains Machinery Company, stated that all of the compo- nents in the Bomag equipment are American made, including the Rockwell differential, an 07-17-89 . , - 3 - --------- Allison transmission and a Cummins engine. He indicated that parts and service are avail- able from various sources, rather than only one company. He then stated there are more Bomag compactors in use than Caterpillar compactors, particularly on a world-wide basis. Mr. Shriner then reviewed the configuration of the compacting wheels, noting they are de- signed so that there is 100 percent compaction under the wheels; and only one pass back is needed to cover all of the area which was under the machine on the initial trip. He indicated this is different from Caterpillar, which requires yet another trip to cover all of the remaining area. Mr. ~II irllrr then stated that the Bomag unit oscillates in the center, with a 30 per- cent oscillation from side to side; and all four wheels remain on the ground at all times. He indicated he feels this is the best compactor on the market today; and the bid Is $14,000 less than the one which staff has recommended accepting. In response to a question from Commissioner Vant Hull, Mr..-SIII ill.. stated the model bid is going out of production because they are being replaced by new hydrostatic machines, not because they are deficient in any way. He then noted that the model bid has been in production for several years; and It has worked well. He also noted there will be no obsolescence on parts used in the equipment, since they are found in this equipment as well as other equipment made with the same parts. I n response to a question from Commissioner Hawks, Mr. .bIll i...... stated that the value of a trade-in is based on its condition and age. He then indicated he is not pre- pared to respond to the issue of whether a Caterpillar carries a higher trade-in value than a Bomag. Mr. Tal Weberg, Tractor and Equipment, stated it appears resale value and availa- bility of parts seem to be the two main issues. He indicated that the company has had Bomag and Caterpillar trade-ins in comparable condition; the Bomag was worth $40,000 to $45,000 whi Ie the Caterpi liar was worth $80,000 to $85,000. Mr. Weberg then stated that componentized parts have advantages and disadvan- tages. He noted that one is not limited to one source of parts; however, if a part is needed, it may require substantial tracking. He noted that Caterpillar makes all of its parts; and they are designed to work together. He stated that if a part is needed but is not in stock locally, it is placed on the computer, which locates the part; and it is then shipped. He also noted that Caterpillar sets the prices of its parts; and the dealers ad- just those prices only minimally. Mr. Weberg then stated he would submit to the City in writing a guaranteed trade-in value for the Caterpillar landfill compactor purchased at this time. Commissioner Martel suggested that lease of a landfill compactor might be an option, rather than a purchase. He noted that, given the figures which have been discussed, a 07-17-89 . f - 4 - four-year contract would cost approximately $20,000 per year. Break - 1:30 to 1 :35 p.m. Mayor Stiff declared a break from 1 :30 p.m. to 1 :35 p.m., to allow staff an oppor- tunity to discuss the information which has just been submitted to the Commission. Award bid (continued) - one 1989 sanitary landfill compactor (C I P) Director of Public Service Forbes briefly summarized the information gathered by staff. He noted that six dealers, located in Texas, Illinois, Florida, Kansas and Pennsylvania, unanimously concurred that the Caterpillar would retain more value through- out its life than Bomag, assuming equal age and equal condition. He then indicated that he is relying somewhat on judgment; however, he noted that the Caterpillar machine which would best serve the needs of the City's landfill. He stated that, following discussion of the information submitted, the staff still recommends that the bid be awarded to Tractor and Equipment in the bid amount of $157,963. In response to a question from Commissioner Hawks, the Director indicated it was difficult to compare the service contracts proposed for the two machines. He noted they were similar, yet different enough that it was not possible to accurately compare the costs. Commissioner Vant Hull asked about the life expectancy of the machine and whether it would be traded in at some time in the future. Director of Public Service Forbes estimated the life of the machines at twelve years. He then indicated he would anticipate trading it in on a new machine at some time. Commissioner Martel suggested that staff be asked to contact other cities around the State to find out which compactors they use. He indicated that the field personnel running the equipment would be able to discuss the equipment and how well it operates. He suggested that this information could be beneficial in making a decision. Commissioner Vant Hull suggested that the one pass required for the Bomag to pro- vide 100 percent compaction could result in reduced operation costs. The Director indicated that the equipment being purchased will accommodate com- pacting of more garbage than is being disposed on a dai Iy basis. He suggested that it should be able to meet the City's requirements during its entire life. In response toa question from Commissioner Hawks, Commissioner Martel expressed reservation about accepting the staff's recommendation. He indicated he does not feel trade-in value can be accurately projected at this time; and it should not be included as a factor In the decision. He also stated he feels that parts would be available for the equip- ment; and that Issue is not a consideration. Commissioner Vant Hull suggested that action be tabled for a period of one week to 07-17-89 . , - 5 - ---- allow staff to gather more information and to further consider the information submitted. Mayor Stiff expressed concern that the Commission may be entering the administra- tive functions. He noted the Commission must rely on staff recommendations on various issues, particularly technical issues such as this. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that action on this item be tabled for a period of one week. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none. City Manager Wysocki asked if the Bomag equipment will be available in a week. Mr. -&I.. ill'" responded it will be, since Western Plains Equipment purchased the compactor after last week's meeting since they were the apparent low bidder. The Commission then asked the staff to research compactor equipment currently be- ing used at landfills throughout the State, and user comments. Also, staff is to review whether parts may be difficult to obtain for the equipment in the future. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by First Security Bank of Bozeman to allow the construction and operation of an automatic teller machine facility on Lots 15 and 16, West Park Addition. The site is more commonly located at the northeast corner of the intersection of West College Street and South 11th Avenue and is more commonly known as 1013 West College Street. City Manager Wysocki submitted to the Commission a letter from Mr. Philip R. Sandquist, President of First Security Bank of Bozeman, requesting that the Commission continue this public hearing until a later date. He then recommended that the Commission open the public hearing and continue it per this request. Mayor Stiff opened and continued the public hearing indefinitely, per the appli- cant's request. Ordinance No. 1280 - salary ordinance for Fiscal Year 1989-90 City Manager Wysocki presented Ordinance No. 1280, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1280 AN ORDINANCE OF THE CITY OF BOZEMAN, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager stated that the salaries set under this ordinance have been cal- 07-17-89 . . - 6 - culated on a 4-percent increase, except for the City Judge's, which is based on a 2-per- cent increase. He then recommended that the ordinance be provisionally adopted and that It be brought back in two weeks for final adoption. It was moved by Commissj,oner Martel, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1280, the salary ordinance for Fiscal Year 1989-90, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. City Manager Wysocki presented Commission Resolution No. 2754. as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2754 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE NAME OF THE GALLAGATOR LINEAR PARK, WHICH IS LOCATED ALONG THE ABANDONED CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT-OF-WAY EXTENDING FROM THE IN- TERSECTION OF SOUTH CHURCH AVENUE AND EAST STORY STREET TO THE INTERSECTION OF SOUTH THIRD AVENUE AND KAGY BOULEVARD. The City Manager reminded the Commission that at last week's meeting, they directed staff to prepare this resolution for their consideration. He then recommended that it be adopted at this time. Commissioner Martel indicated once again his opposition to the process which has been followed for naming of the park. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2754, establishing the name of "Gallagator Linear Park" for the linear park located along the abandoned Milwaukee Railroad right-of- way. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commis- sioner Martel. . . the structure of the Communit City Manager Wysocki presented Commission Resolution No. 2755, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2755 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE STRUCTURE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN REVIEW COMMITTEE, AND SUPERSEDING COMMISSION RESOLUTION NO.-'2569. 07-17-89 . . . . - 7 - The City Manager reminded the Commission that they had directed the staff to pre- pare this resolution. He then recommended adoption at this time. Commissioner Martel questioned why one City staff member would have voting rights while the other City staff member does not. City Manager Wysocki indicated that the City's voting staff member Is an employee of the Finance Department; and, therefore, considers an application from that standpoint. The ex officio City staff member is an employee of the Planning Office who also serves as CDBG Program Manager, and whose function is to review applications, submitting reports and recommendations to the Committee for their consideration, as well as to administer de- cisions made by the Committee. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2755, revising the structure of the Com- munity Development Block Grant Loan Review Committee. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none. Pledged Securities as of June 30, 1989 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commis- sioner Hawks and Commissioner Vant Hull have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of June 30, 1989, and a listing of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1989 RATE MATURITY RECEI PT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: North Slope Borough Alaska GO 9.5 06/30/90 312086 105,000.00 North Slope Borough Alaska GO 9.5 06/30/90 314724 45,000.00 Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax Incr. 8.10 02/01/97 478054 100,000.00 Saint Cloud, Minn. GO RFDG 8.25 02/01/97 478625 100,000.00 State of Hawai i 11.5 '8/01/90 181125 200,000.00 07-17-89 " , '. . - 8 - , So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U.S. Treasury Notes 7.375 2/15/91 688641 1,000,000.00 SUB TOTAL - First Security Bank - Bozeman $1,750,000.00 Pledging Amendment to Repurchase Agreement: U.S. Treasury Note 8. 125 5/15/91 715953 1,000,000.00 Western Wy CCD GO 11. 25 7/01/91 226882 150,000.00 Sherburne Elk River Law Fac. 6.5 2/01/92 526060 200,000.00 Sherburne Elk River Law Fac. 6.25 2/01/91 526061 200,000.00 Montana St Bd Hsg SFM 6. 1 6/01/97 161429 100,000.00 Total to Repurchase Agreement $1,650,000.00 TOT AL - First Security Bank - Bozeman $3,400,000.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 H943 120,000.00 TOT AL - Montana Bank of Bozeman, Montana $ 178,875.00 FI RST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U.S. Treasury Notes 6.75 9/30/90 9893 200,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 200,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis and the United Bank of Denver for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1989, by the several banks of Bozeman and ap- prove and accept the same. ALFRED M. ST I FF, Mayor WALTER MARTEL, Commissioner JAMES L. GOEHRUNG, Commissioner MARY B. VANT HULL, Commissioner 07-17-89 . . . ". - 9 - R. L. HAWKS, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. , ,1 Appointrrknts to Historic Preservation Advisory Commission City Manager Wysocki stated that positions on this board, as well as the subsequent boards expired on June 30, 1989. He noted that the deadline for applications for these boards passed; and the Clerk of the Commission has submitted a memo listing those who have applied for the various boards. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Patricia Ecton be reappointed as an historic district member, John Haynes and Ellen Hilde be reappointed as at-large members, and Mikel N. Kallestad be reappointed as a profes- sional member, to the Historic Preservation Advisory Commission, all with two-year terms to expire on June 30, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. The Clerk of the Commission was directed to readvertise for the one historic dis- trict position which remains open due to the resignation just submitted by Steven Conway. Appointment to Library Board of Trustees It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that Karen Vinton be reappointed to the Library Board of Trustees, with a five-year term to expire on June 30, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment to Parking Commission City Manager Wysocki noted that no applications have been received for this posi- tion. The Commission directed the Clerk to readvertise for this position. Appointments to Zoning Commission It was moved by Commissioner Martel, seconded by Commissioner Hawks, that Ralph D. Johnson be reappointed to the Zoning Commission, with a two-year term to expire on June 30, 1991. The motion carried by the following Aye and No vote: those voting Aye 07-17-89 . . ~ "l '. - 10 - / being Commissioner Martel, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Following discussion, the Commission concurred that the vacancy created by the resignation submitted by Dale Brentrup should remain open until after a decision has been made on possible combining of the City-County Planning Board and the Zoning Commission. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1 ) Letter of resignation from the Zoning Commission, as submitted by Dale Brentrup. As noted in the above agenda item, this position is to remain open at this time. ~~~ I). (2) City Manager's report, as follows: (1) Police are .. fl . IS on private property for the remainder of the summer. The set-up is temporary at this time. (2) Interagency Breakfast was held on Wednesday, with actions of the Legislature and the school bond issue being discussed. (3) One of the interns is currently canvassing the downtown area to ensure revocable permits have been issued for various encroachments on the public right-of-way. (4) The first portion of the door-to-door survey for dogs and cats will be completed this week. The staff will be reduced, and a follOW-Up conducted beginning next week. (5) City Manager Bill Verwolf and Director of Public Service Dick Nisbet will be in Bozeman later this week to view the cover at the Lyman Creek reservoir. (6) The water demands during the past week were met. The creeks are maintaining their levels, so the City's water rights are still being filled. Hyalite Reservoir still remains ba- sically full, although irrigation for the second cutting is now beginning. (7) He has met with the historic preservation staff concerning possible adoption of a resolution to allow property owners to take advantage of tax abatement options. This resolution may be com- ing before the Commission for action in the near future. (8) He met with Dennis Seibel regarding possible beautification projects during the past week. (9) He met with Mr. Henderson and Mr. Penwell last week concerning the barriers along the linear park. He noted the barriers at East Grant Street have been removed, without City permission. In response to a question from Commissioner Hawks, he indicated the Recreation Advisory Board will be notified of the type of barrier to be installed after an acceptable alternative has been found. (10) The bill concerning water development bonds passed through the legislature without amendments. (11) Hot patching has started on various streets around the community. (3) Commissioner Hawks noted an article in today's Billings Gazette concerning landfi II operations. 07-17-89 /' , "" " 4.. . j.." "-t - 11 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. A Clubs It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Com- missioner Martel and Mayor Stiff; those voting No, none. Executive Session re litigation Mayor Stiff stated his intent to close the meeting in accordance with Section 2-3-203(4), M.C.A., as well as Section 26-1-803, M.C.A., which provides for attorney/ client privilege. for the purposes of discussing the case of Butts, et al. v. the City of Bozeman, et al., which is pending in District Court as Cause No. 89-87. At 2:18 p.m., Mayor Stiff called the executive session for the purpose of discussing litigation and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker and the Clerk leave the room. At 2: 48 p. m., Mayor Stiff closed the executive session and reconvened the open meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Hawks, that the Commission authorize and direct the City Attorney to negotiate possible settlement of the case, in the alternative proposed without acquisition of the subject property. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Adjournment - 2:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Hawks, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 07-17-89