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HomeMy WebLinkAbout1976-09-29 1 I I Bozeman, Montana 29 September 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 29 September 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Fryslie, City Attorney Berg and the Acting Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 22 September 1976, were approved as read. Absence of the Clerk of the Commission In the absence of the Clerk of the Commission, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Mrs. Diane Krupinsky be appointed as Acting Clerk of the Commission, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Progress Report - South Third Mr. Pierce Mullen inquired before the Commission if there had been any action taken in regard to South Third Street. The City Manager indicated that the City Engineer is continuing his study of the matter. Extension - Going Out of Business License - Long's Big "0" Tires A letter received from Long's Big "0" Tires, requesting another thirty-day extension on their Going Out of Business License was presented. The City Manager reluctantly recommended the extension and it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Long's Big "0" Tires be granted a final thirty-day extension, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vande- venter, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. University Mall - Request for Curb Cut Joe Sabol, representing University Mall Associates, made a presentation before the Commission requesting a curb cut variance on Main Street across from the curb cut variance granted for Gibsons parking lot. Following an extensive discussion, where the City Engineer opposed the curb cut, the City Manager approved of the curb cut variance since Gibsons was granted one. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the request for the curb cut variance to the University Mall parking lot off of Main Street be denied. Those voting Aye on the motion being Commissioner Taylor and Commissioner Lehrkind; those voting No being Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer. The motion died for lack of a majority. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the request for the curb cut variance to the University Mall parking lot off of Main Street be granted. Those voting Aye being Commissioner Sedivy, Commissioner 71 ..'72 Vandeventer, and Mayor Vollmer; those voting No being Commissioner Lehrkind and Commissioner Taylor, and the motion was carried. Petition - Western General Enterprises - Installation of Water and Sewer - N. 22nd to West Park Manor A letter received from Robert Simkins petitioning the City of Bozeman to create a special improvement district for the installation of water and sewer on North 22nd to West Park Manor was presented. The Commission concurred with the recommendation of the City Manager and it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the City Commission instruct the City Attorney to draw up a resolution of intention to create the Special Improvement District when the necessary estimates are received from the engineering staff. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Department of Highways - City of Bozeman - Accept Babcock and Mendenhall Couplet A letter from Mr. Richard C. Holmes of the Montana Department of Highways stating that the Babcock and Mendenhall couplet project was completed in conformance with the plans and specifications was presented. The City Manager concurred in the recommendation and recommended that the project be accepted. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the project be accepted as completed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, nQJle. plans and Specs - EPA Sewer Rhabilitation - Rouse and Story - Bid Opening - 20 Oct. The City Manager recommended that plans and specifications for the sewer rehabilitation at Rouse and Story as prepared by Thomas, Dean & Hoskins, Inc., be authorized, and the Acting Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction thereof. It was moved by Commissioner Sedivy, seconded by commissioner Taylor, that the plans and specifications be approved and the Acting Clerk of the commission be authorized and directed to publish a "Call for Bids" for the sewer rehabilitation on Rouse and Story with an opening date of 20 October. The motion was carri~d by the following Aye and No vote: those voting Aye being Commissioner Sedivy, commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Plans and Specs - Paving and Storm Drain - SID 561 - S. 20th, Olive, Koch, Babcock Paving and Storm Drain - SID 562 - Babcock - 23rd to 19th Paving and Storm Drain - SID 566 - Remington Way Paving and Storm Drain - SID 570 - 2nd Phase Figgins Construction Bid Opening - 20 October, Bond Sale - 27 October Plans and specifications covering the proposed improvement in Special Improve- ment District No. 561 for construction and installation of paving and storm drainage on South 20th Avenue from College Street to Babcock Street; Special Improvement Dis- trist No. 562, paving and storm drainage on South 23rd Avenue from College to Babcock; 1 I I 1 I I Special Improvement District No. 566, paving and storm drainage on Remington Way; . Special Improvement District No. 570, paving and storm drainage in Figgin's Addition Phase II, as prepared by Thomas, Dean & Hoskins, Inc., consulting engineers, was placed before the Commission. Upon recommendation of the City Manager, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the plans and specifications as presented be approved and that the Acting Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Special Improvement District NO's. 561, 562, 566 and 570 with an opening date of 20 October, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, to advertise for bids for the sale of bonds for Special Improvement District No's. 561 in the amount of $250,000.00, No. 562 in the amount of $320,000.00, No. 566 in the amount of $21,000.00, and No. 570 in the amount of $320,000.00 to be received on 27 October 1976, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Resolution No. 1826 - Assessment for SID 550 - $45,883.35 Resolution No. 1827 - Assessment for SID 553 - $88,629.95 provisional Passage - Hearing 6 October 1976 COMMISSION RESOLUTION NO. 1826 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. '550 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON- STRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL XMPROVEMENT DISTRICT NO. 550. levying the final assessment for the construction and installation of watermains in Figgin's Addition and Graf's Third Addition, SID No. 550 in the amount of $45,883.35 was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1826 be provisionally passed and adopted and Wednesday, 6 October 1976, 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 Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. COMMISSION RESOLUTION NO. 1827 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 553 IN THE CITY OF BO'ZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 553. levying the final assessment for a storm drainage system in the Figgin's Addition, SID No. 553 in the amount of $88,629.95 was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1827 be provisionally passed and adopted and Wednesday, "73 ,,74 6 October 1976, be the date set for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Gambling License - American Legion - Bingo The City Manager presented an application from the American Legion, along with the required fee, for the purpose of holding a Bingo game. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission approve the application for a bingo license for the American Legion. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Montana Fire Chiefs Conference - 6-8 October 1976 - Polson - permission for Simpson and Roys to Attend The Montana Fire Chiefs Association Convention is scheduled to be held in polson, 6-8 October, and Fire Chief Simpson requested that he and Assistant Fire Chief ROys be authorized to attend the convention. Upon recommendation of the City Manager, it was moved by Commissioner Vandevente~ seconded by Commissioner Lehrkind, that Fire Chief Simpson and Assistant Fire Chief Roys be authorized to attend the convention and, it being in the public interest, their expenses be paid from the General Fund, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commis- sioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Proclamation - Fire Prevention Week - 3-9 October 1976 Mayor vollmer announced his proclamation designating the week of 3-9 October as "Fire Prevention Week" and called upon all departments and agencies of the City Government to participate actively in a campaign for improved fire safety. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that they concur in the Mayor's proclamation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; ,those voting No, none. \ Contract Documents for Execution - SID 567, 568, 569 The Contract Documents for the construction of sanitary sewer and watermain improvements in SID No's. 567, 568 and 569, prepared by Thomas, Dean and Hoskins, Inc., were presented. The City Manager recommended that the Contract Documents in the amount of $231,010.00 as submitted by Intermountain Construction be approved. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Contract Documents be approved and the Mayor and Acting Clerk of the commission be authorized and directed to sign the contracts for the City of Bozeman, and that Intermountain Construction be authorized and directed to proceed with the construction of SID's 567, 568 and 569 and the motion was carried by the following I I I 1 1 I Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandevente~ Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Report: Director of Public Service The City Manager commented on the report of the Director of Public Service and recommended it be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the report be accepted and ordered filed. The motion was carried by the fo1low~ ing Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting Nq none. Authority to Reschedule Sale of Bonds for Special Improvement District 565 The City Manager recommended that the Notice of sale of bonds for Special Improvement District No. 565 for the acquisition and establishment of public off- street parking facilities in the amount of $750,000.00 be rescheduled for 27 October 1976. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, to advertise for bids for the sale of bonds for ,Special Improvement District No. 565 to be received on 27 October 1976, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Agreement - City of Bozeman and Mr. and Mrs. Harry Daum An Agreement by and between the City of Bozeman and Harry M. Daum and Kathleen Mary Ellen Daum, et aI, for the purpose of construction of a trunk sewer line extending on a parcel of land in a northerly direction over and across lands owned by Gary L. and Joan W. Cook, George E. and Alice M. Cook, Lowell and Shirley E. Curtiss, and Erwin and Eva Lachenmaier and extending on Durston Road east to connect with the present sewer system of the City of Bozeman, was presented. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Mayor and Acting Clerk of the Commission be authorized and directed to sign for the City and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Lion's Club Annual Light Bulb Sale - 6 October A request from the Bozeman Lion's Club for permission to hold their annual light bulb sale on the 6th day of October 1976 was presented. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that permission to hold their annual light bulb sale be granted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vande- venter, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. 75 "6 Ordinance No. 979 - Amending Sections 18.06.430 and Chapter 18.75 of the Bozeman Municipal Code ORDINANCE NO. 979 AN ORDINANCE AMENDING SECTIONS 18.06.430 AND CHAPTER 18.75 OF THE BOZEMAN MUNICIPAL CODE RELATING TO THE DEFINITION AND REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT AND PROVIDING FOR AN EFFECTIVE DATE. dealing with the definition of Planned Unit Development (PUD) was presented. Upon the City Manager's recommendation, it was moved by Commissioner Vande- venter, seconded by Commissioner Lehrkind, that Ordinance No. 979 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Taylor, 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 Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. ~A / /' /- -J /~~~. -t:/ t--u~ - ;J&?--Ce: ~ -W;. VOLLMER, Mayor ATTEST: . (" ~ /J l.L<:..a........-....v r r4.A~ DIANE KRUPI Y JC Acting Clerk of the City Commission I 1 I