HomeMy WebLinkAbout1977-04-13
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Bozeman, Montana
April l3, 1977
The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, April 13, 1977, at 1:15 o'clock p.m. Present were Mayo~
Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commis-
sioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney
Berg and the Clerk. I
Commissioner Sedivy opened the meeting with a prayer whereupon the minutes of
the regular meeting held on April 6, 1977, were approved as read.
Public Hearing - Zone Change (R-4 to B-2) as proposed bv City County Planning Board
Zone Change (R-4 to B-2) - Ben GrlnW1S
This was the time and place set for a public hearing to consider the request
of the City County Planning Board for a zone change from R-4 to B-2 on Lots 10, ll,
12 and l3, Block 1 of the North Seventh Avenue Addition..
Mr. F. E. (Sonny) Suhr, owner of Lots 12 and 13, Block 1, does not want to reZQne
his lots from R-4 to B-2 even though he does have a.commercial busines~ on the lots.
Mr. Suhr's business was allowed to be constructed by a land use variance and as such
can continue\ito function without the rezoning which he feels would raise his taxes.
Mr. Ben Grinwis, owner of Lot 11, does not want his land rezoned. He originally
sought the zone change to allow him to sell used cars on the lot. But since his
residence is on Lot 11, he would still be unable to sell used cars on the lot. Mr.
Don Floberg, owner of Lot 10, Block 1, of the North Seventh Avenue Addition wants
his property rezoned B-2 as he anticipates commercial development on this lot and the I
remainder of his property to the west which is presently zoned B-2. Therefore, the
recommendation of the Planning staff and Zoning COIT~ission was to rezone only lot 10
of Block 1 of the North Seventh Avenue Addition.
The Commission concurred in the recommendation of the Planning Staff, the Zoning
Commission and the City Manager, and it was n~ved by Commissioner Lehrkind, seconded
by Commission~r Sedivy, that Lot lO, Block 1, of the North Seventh Avenue Addition
belonging to Mr. Don Floberg be changed from R-4 zone to a B-2 zone. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Lehr~
kind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor
Vollmer; those voting No, none.
This was the time and place set for a public hearing to consider the request of
Ben Grinwis for a zone change from R-4 to B-2 on Lot ll, Block 1 of the North Seventh
Addition and known as 511 West Peach Street. Since Mr. Grinwis' residence is located
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On Lot 11 and he would be unable to sell used cars on the lot, Mr. Grinwis withdrew
"1-:is applica"tion and no Oommission action was required.
Approval of preliminary plat - ~\]est Park Manor Subdivision I
The preliminary plat application for the proposed West Park Manor Third Addition,
a subdivision of 8.5 acres of land into 32 lots, varying in size from 8,775 square
feet to 11,500 square feet and located in the E~ of the NE~ of Section 11, T2S, R5E,
MPM, to the City of Bozeman was presented.
A discussion was held in regard to the 45' from centerline dedication of roa~
right-of-way off Durston Road.
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After discussion of this matter, the City Manager recommended that the City
Commission concur in the recommendation of the Planning Board to approve the sub-
division with the following conditions attached:
l. That the plats be changed to include a 45 foot from centerline
dedication on Durston Road.
I 2. That a no lot access easement or notation be placed on lots l6
and 17 along Durston Road.
3. That required utility easements be shown on the plat.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the
Commission approve the preliminary plat subject to the above conditions. 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.
Authority to request bids for sodium silico-fluoride for water supply
The Water Department has a need to replenish its supply of sodium silico-fluoride
for use as an additive to the City's water supply and the City Manager requested that
the purchase be authorized.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that
the purchase be authorized, and the Clerk of the Commission be directed to issue a
"Call for Bids" for the purchase of 42,000 Ibs. sodium silico-fluoride to be ppened
on April 27, 1977. The motion was carried by the following Aye and No vote: those
I voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy, and Mayor Vollmer; those voting No, none.
Authorization to Request bids for a replacement vehicle (van) for Water Department
Opening May 4, 1977
The Water Department has need for a new 1977 or 1978 Van type truck and the City
Manager requested authority to call for bids for the purchase of the truck with a 1969
Dodge van-type truck, city identification number T009 trade-in.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind,
that the purchase of the 1977 or 1978 van-type truck be authorized and the Clerk of
the Commission be directed to issue a "Call for Bids" for the purchase to be received
and opened on Wednesday, Ma y 4, 1977. The motion was carried by the following Aye
and No vote: fuose voting Aye being Commissioner Vandeventer, Commissioner Leh;kind,
Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting NO, none.
Authorization to Call for Bids - 1977 sid.~alk & curb program, open bids May 4, 1977
Plans and specifications covering the construction, replacement and repair of
such concrete sidewalks and curbs which includes the balance of the Northeast Quadrant
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I not completed last season, the Northwest quadrant west of North Seventh Avenue and
the sidewalk in the University Subdivision located in front of Langohr's Greenhouse,
as prepared by the Engineering staff, was placed before the Commission.
The City Manager concurred with the Engineering staff and recommended that the
plans and specifications as presented be approyed and that a "Call:!Dr Bids" for the
construction of the sidewalks and curbs be authorized.
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that
the plans and specifications.pe approved and the Clerk of the Commission be authorized
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and directed to publish a "Call for Bids" for the construction, replacement and repair
of the sidewalks and curbs with an opening date of May 4. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Com-
missioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer;
those voting No, none.
Report from Cit En ineer & Fifth and I
alternate flashing amber and Lamme
A report received from the Montana Highway Department in regard to the bouncing
ball light on North Rouse Avenue and East Lamme Street and the stop signal on Fifth
Avenue and West Main Street was presented by the City Engineer.
The bouncing ball pedestrain light may be installed within the next three months
at an approximate cost of $2,500 and the signal light at an estimated cost of $25,000
may take up to eleven months for installation. These funds will come out of the
City's fund for North 19th and Kagy Boulevard.
Following discussion, the City Manager recommended that the Commission approve
the installation of the bouncing ball pedestrian light and the traffic signal light
and authorize and direct the City Engineer to sign the plans and return same to the
Montana Highway Department.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind,
that the Commission approve the installation of the bouncing ball pedestrian light
and the signal light, and the motion was carried by the following Aye and No vote:
tho Be 'voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner I
Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none.
Petition SID 1m rovements - Sanitar Sewer, Water Main, Storm Drain & pavin West
of 5th and East of 19th Avenue between Koch and Ba cock
A petition received from Lonnie Beck, Stan EliHenbush, Kenneth LeClair, David
Osterman and James Placek, petitioning the City of Bozeman to create a special im-
provement district for the purpose of construction of sanitary sewer, water mains,
storm drains and paving on a master-planned area west of Fifteenth Avenue and east
of Nineteenth Avenue between Koch and Babcock Streets was presented.
The Commission _. concurred in the recommendation of the City Manager, and it
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was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the City
acknowledge receipt of the petition and refer same to the City staff for recommenda-
tion. 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.
Petition for special claim by Guildner Water and Sewer, Inc. (TV Insp. Firm)
The City Manager presented a special claim from Guildner Water and Sewer, Inc. , I
a TV Inspection firm from Westminster, Colorado, for infiltration/inflow survey in
the amount of $45,270.00 and recommended it be approved and the Director of Finance
be directed to issue a warrant in payment thereof.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the
claim be approved as presented, 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.
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Petition to Install a larger culvert under Garfield Street between Black and Tracy Ave
A petition signed by 24 property owners or residents requresting the City of
Bozeman to install a larger culvert under Garfield Street between South Black Avenue
and South Tracy Avenue for the purpose of carrying runoff water from Spring Creek
I and prevent future flooding of homes and apartements was presented.
The City Manager informed the group that the Building Official and the City
Engineer were going to inspect the area in question with Mr. Walter Anderson and
report back as to what could be done in order to get this problem solved. He advised
the group that he appreciated their concern and also stated the City would provide
the bags and the sand but the bags would have to be filled by the residents.
P~oclamation - Bozeman Board of Realtors Apr. 17-23, 1977 "Private Property Week"
In accordance with a request from the Bozeman Board of Realtors, Mayor Vollmer
proclaimed the week of April 17-23, 1977, as "Private Property Week" in the City of
Bozeman and recommended that all citizens join with the Bozeman Board of Realtors in
this observance with appropriate and significant programs of civic betterment during
this week and throughout the year.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that
the Mayor's proclamation be endorsed and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer,
~ommissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none.
I Certify 1977 special general municipal election results held April 5, 1977
Under the provisions of Section 11-718, Section 11-2312 and Section 11-3207,
R.C.M., 1947, the County Commission , and the City Commission assisted by the Clerk
of the City Commission, having canvassed the election returns, showed that a total
of 3,971 electors voted representing 4l.83 percent of the qualified electors.
The results of the canvass were as follows:
Duncan S. MacNab 1,94l Votes P. L. "Les" Nielsen l,741 Votes
James W. Vollmer 1,935 " Lou.Spain, Jr. 1,674 "
Keith D. Swanson 1,764 " Eleanor Pratt l,518 "
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind,
that Duncan S. MacNab, James W. Vollmer and Keith D. Swanson be declared elected
Commissioners for a four-year eight-month term beginning May 2, 1977, and Duncan S.
MacNab having received the largest number of votes be designated as Mayor during the
last two years of his term, and that the Clerk of the Commission be instructed and
directed to issue a certificate of election to each person elected. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vande-
venter, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor
I Vollmer; those voting No, none.
Certify election returns on proposition.~o issue bonds for construction of Senior
Citizens Center
Under the provisions of Section 11-718, Seation 11-2312 and Section ll-3207,
R.C.M. , 1947, the County Commissioners, the City Commissioners assisted by the Clerk
of the City Commission, having canvassed the election returns, showed that a total
voted
of 3,97l electors/representing 41. 83 percent of the qualified eledt.ors.
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1977 SPECIAL GENERAL ELECTION
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TOTAL REGISTERED VOTERS 489 450 942 601 637 675 731 921 732 952 486 1,596 55 102 121 9,490
MACNAB, DUNCAN S. 90 94 212 118 141 172 174 158 196 214 74 264 5 15 14 1 , 941 ;
NIELSEN, P. L. (Les) 79 80 225 117 126 147 173 170 179 163 83 170 7 9 14 1,742
PRATT, ELEANOR 71 73 168 115 137 105 126 108 117 197 73 195 13 9 11 1,518
SPAIN, LOU 71 46 129 136 116 119 192 112 140 245 43 290 11 14 10 1,674
SWANSON, KEITH D. 87 88 209 113 133 158 140 180 169 193 65 198 10 6 15 1,764
VOLLMER, JAMES W. 100 92 245 148 159 156 176 171 174 206 71 213 6 2 16 1,935
.
FOR BOND ISSUE 141 122 329 215 246 216 265 254 267 361 128 381 20 16 19 2,980
AGAINST BOND ISSUE 40 48 109 56 54 97 92 79 76 115 23 131 2 5 11 938
TOTAL PERSONS VOTING 181 170 443 277 301 315 361 334 360 489 153 514 22 21 30 3,971
PERCENT 37.1 37.7 47.0 46.1 47.0 46.0 49.1 36.0 49.0 51.0 31.0 32.1 40.0 20.6 24.1 41.83
WRITE IN'S:
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The results of the proposition to issue bonds for construction of the senior
citizens center were as follows:
For the $400,000 Bond Issue - 2,980 Votes
Against the $4DO,OOO Bond Issue - 938 Votes
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that
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the proposition for the general obligation bonds in an amount not to exceed $400,000
be approved and certified as canvassed by the County Commissioners, and the City
Commissioners assis~ed by the Clerk of the City Commission. The motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Lehrkind,
Commissioner Sedivy, ~ommissioner Taylor, Commissioner Vandeventer, and Mayor
Vollmer; those voting No, none.
~xamination of Deposito~ecurities - March 31, 1977
In compliance with the provisions of Section 16-2618, R.C.M. , 1947, it was
moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Mayor
Vollmer and Commissioner Sedivy be authorized and directed to examine the receipts
of depository bonds and securities held by the Director of Finance as security for
the City funds deposited in Bozeman banks. 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.
I Commission Resolution No. 1872 - Fixing the Date, Maturity Date, and principal amount
of Bonds SID 574
The City Manager presented Commission Resolution No. l872 setting date, maturity
date, and principal amount of bonds issued in Special Improvement District No. 574,
entitled:
COMMISSION RESOLUTION NO. 1872
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE.
MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL
IMPROVEMENT DISTRICT NO. 574.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that
CommissioncResolution No. 1872 be passed and adopted, and the motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commis-
sioner Taylor, Commissioner Lehrkind, Con~issioner Vandeventer, and Mayor Vollmer;
those voting No, none.
~ambling License- Dark Horse, 13 North Rouse Avenue (Larry Baklexl
The City Manager presented an application from Larry Bakley of the Dark Horse,
13 North Rouse Avenue, along with the appropriate fee of $250 for a gambling license,
for the purpose of operating two tables for one half year ending June 30, 1977.
I It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that
the Commission concur in the recommendation of the Chief of Police, also concurred in
by the City Manager, and approve the application for the issuance of the gambling
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license. The motion was carried by the following Aye and No vote: ~hose voting Aye
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being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commis-
sioner Sedivy, and Mayor Vollmer; those voting No, none.
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Application for Raffle Licenses: a) Bozeman Softball Assn. - June 1, 1977
b) Dagger Men MSU - May 2, 1977 ---
The City Manager presented an application trom the Bozeman Softball Association,
along with the required fee, for the purpose of holding a raffle on June 1, 1977, and
an application from Dagger Men, MSD, along with the required fee for the purpose of
holding a raffle on May 2, 1977. I
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind,
that the Commission concur in the recommendation of the City Manager and approve
the two applications for the raffle licenses 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.
Request for Parades - a) State Antique Car Meet - June 17-1~
b) Gallatin Saddle Club - June 14
A letter received from Ed White of the Bozeman Antique Car Club requesting
permission to conduct a torchlight parade starting at the Ramada Inn and ending at
Cooper Park at 7:00 o'clock p.m., on Friday, June 17, 1977, was presented.
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that
permission to hold the torchlight parade be granted and that they coordinate their
efforts with the Police Department. 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, nom I
A letter received from Connie Lien, President of the Gallatin Saddle Club,
requesting permissin to conduct a parade on the afternoon of June 14, 1977, was
presented. The parade would commence at the Gallatin County Fairgrounds and proceed
south on Black Avenue to Main Street and west to Eleventh Avenue and continue to
the Fieldhouse where the Lions Club is having a barbecue for the contestants.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that
permission to conduct the parade be granted. 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.
Adjourn~nt
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 adjourmadand 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. I
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'JAMES W. VOLLMER, Mayor
ATTEST: .--
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1!??u-v /<~~ I
ERNA V. HARDING
Clerk of the City Commission
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