HomeMy WebLinkAbout1976-09-29
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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
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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;
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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,
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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.
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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
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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.
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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.
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/~~~. -t:/ t--u~ - ;J&?--Ce:
~ -W;. VOLLMER, Mayor
ATTEST:
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l.L<:..a........-....v r r4.A~
DIANE KRUPI Y JC
Acting Clerk of the City Commission
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