HomeMy WebLinkAbout1977-10-19
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Bozeman, Montana
19 October 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, October 19, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commi~oner Vandeventer, City Manager Gesko, City
Attorney Berg and the Clerk I
Commissioner MacNab opened the meeting with a prayer and a moment of silent prayer was observed
in memory of William Howard Erwin.
Minutes of the regular meeting held on Wednesday, October 12, 1977, were approved as subbmitted.
Commission Resolution No. 1912 - Memoriam to William Howard Erwin
In memoriam to William Howard Erwin, Commission Resolution No. 1912 was presented.
Commission Resolution No. 1912
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
IN MEMORIAM TO WILLIAM HOWARD ERWIN AND TO EXTEND CONDOLENCES
AND SYMPATHY TO THE BEREAVED WIDOW, FAMILY AND FRIENDS OF
WILLIAM HOWARD ERWIN.
It was moved by Commisssioner Vandeventer, seconded by Commissioner MacNab, that Commission
Resolution No. 1912 be passed and adopted. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Comm-
issioner Swanson and Mayor Sedivy; those voting No, none.
Confirmation of Police Officer A. W. Mikkelson - Effective October 1, 1977
The Police Chief reported that Riice Officer A. W. Mikkelson had satisfactorily completed
the required probationary period and recommended that Police Officer Mikkelson be confirmed as a regular
officer of the Police department effective October 1, 1977 .
The City Manager concurred in the recommendation of the Police Chief, and it was moved by
Commissioner MacNab, seconded by Commissioner Vollmer, that the confirmation of Police Officer
Mikkelson be approved and he be congratulated upon completing the probationary period. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commiss- I
Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none.
Public Hearing - Conditional Use Permit A) Ken LeClair - Planned Unit Development - Construction
of 64 rental units on 5.08 acre tract of land between
W. Koch & W. Olive Sts. west of and adjacent to Richar~s
Subdivision
This was the time and place set for a public hearing to consider the request of Ken LeClair
to allow construction of 64 rental untis (which in the future could be converted to condominiums or
townhouses) on a 5.08 acre tract of land which lies between West Koch and West Olive Streets extened,
and is west of and adjacent to the Richard's subdivision.
Mr. LeClair was present to answer any questions that might arise.
Following a thorough discussion, the Mayor declared the hearing closed; and upon the City
Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson,
that the request for a conditional use permit be delayed for a period of one week for additionaL
study. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those
voting No, none.
Consider Amendment: Business License Discount Provision (Ord. 637)
Ordinance No. 997 amending Chapter 3, Section 3.04.150 relating to the term of license-fees
payable in advance-half year fee was presented:
All fees are due and payable January First of each year. No discounts shall be allowed from
the fees hereinbefore prescribed.
Following discussion. the City Manager recommended deleting thediscount and charging the I
regular fee for all business license.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the proposed
ordinance be delayed for a period of one week. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab,
Commissioner Vollmer and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1910 - Awarding saId of $400,000. G.E. Obligations bonds, determining form
authorize execution, delivery and levying taxes.
Commissioner Vollmer introduced the following resolution and moved it adoption.
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COMMISSION RESOLUTION NO. 1910
RESOLUTION AWARDING SALE OF $400,000 GENERAL OBLIGATION BONDS OF 1977,
DETERMINING THE FORM AND DETAILS OF THE BONDS, AUTHORIZING THEIR EXE-
CUTION AND DELIVERY, AND LEVYING TAXES FOR THE PAYMENT THEREOF.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Swanson, and upon vote being taken thereon, the following voted in favor thereof: Commissioner
I Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy
and the following voted against the same: None - whereupon said Resolution was declared duly
passed and adopted and was signed by the Mayor and attested by the Clerk of the Commission.
Continued discussion - Vacation of alley between 10th & 11th Avenues (Wendy's)
The request by Wendy's Hamburgers for permission to vacate the west half of the alley between
10th and 11th Avenues in Block 4 of the Springdell Addition having been continued for a period of
one week in order that the City Engineer could come up with a proposal for a decision was again
presented.
Commissioner Swanson suggested that the alley be closed rather than vacated making it possible
to be opened should a Wendy's development cease.
Following discussion and upon recommendation of the City Manager, it was moved by Commissioner
MacNab, seconded by Commissioner Vollmer, that the alley be closed rather than vacated in order
to retain control thereof. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vande-
venter and Mayor Sedivy: those voting No, none.
Plans & Specification - Call for Bids - Garfield culvert between Black & Tracy Ave. - Open bids
November 9, 1977 .
The City Manager recommended that plans and specifications for the installation of a culvert
under East Garfield Street, including construction of ditches, and other necessary appurtenances
thereto as prepared by the Engineering staff of the City of Bozeman be authorized and the Clerk
of the Commission be authorized and directed to publish a "Call for Bids" for the construction thereof.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that plans and
I specifications be approved as submitted, and the Clerk of the Commission be authorized and directed
to publish a "Call for Bids" for the installation of a culvert under East Garfield Street with
an opening date of November 9, 1977 . The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, Commissioner
Vollmer and Mayor Sedivy; those voting No, None.
Petition - Proposed construction of North 19th Avenue and Kagy Boulevard
A petition signed by approximately 125 residents regarding the proposed North 19th Avenue
and Kagy Boulevard proposed construction was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission
concur in the recommendatmnof the City Manager and acknowledge receipt of the petition and that it
be filed until a public hearing has been set in conjunction therewith. The motion was carried
by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer
Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1911 - Declaring delinquent taxes and certifying same to Gallatin
County Clerk & Recorder
Commission Resolution No. 1911 certifying delinquent taxes in the amount of $26,034.87 plus
penalty to the Gallatin County Treasurer was presented, entitled:
COMMISSION RESOLUTION NO. 1911
A RESOLUTION OF THE COM}1ISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN
UNPAID BALANCES OF SPECIAL ASSESSMENTS UNPAID AND DELINQUENT AS OF THIS
DATE, PROVIDED BY ORDINANCE NO. 594, ENTITLED: "AN ORDINANCE PROVIDING
FOR THE COLLECTION OF TAXES xx xxx xx, AND THE COLLECTION OF ALL SPECIAL
ASSESSMENTS, xx xxx" AND CERTIFYING THIS AMOUNT TO THE COUNTY TREASURER
AND THE CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA.
I It was moved by Commissioner Vollmer, seconded byilimmissioner Swanson, that Commission
Resolution No. 1911 be passed and adopted and the motion was carried by the following Aye and
No vote:..,-those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande-
venter, Commissioner MacNab and Mayor Sedivy; those voting No, none.
Application for raffle license - Montana Nurses Association - December 12
The City Manager presented an application from the Montana Nurses Assoctation, along with the
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required fee, for the purpose of holding a raffle on December 12, 1977 .
It was moved by'Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission
approve the application for the raffle license for the Montana Nurses Association. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Comm-
issioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none.
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Request to place banner across Main Street by FooFaRaw Committee
A letter received from Sara Noel of the FooFaRaw Committee requesting permission to hang
one banner across Main Street from the Baxter Hotel from November 1 to November 7, 1977 was
presented.
Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner
MacNab, that permission be granted but that it be amended to hang one banner across Main Street
from the First National Bank Building. The required $25.00 permit fee which has been deposited I
is to be returned to the organization only if the banner is removed within seven to ten days
after the final date of the activity. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer,
Commissioner Swanson and Mayor Sedivy; those voting No, none.
Appointment of committee members for updating Master Plan
A lfutof the tentative makeup of the six Citizen Advisory Committees to be established in
preparing and recommending planning area goals and policies for land use and community growth as
prepared by the Planning department was presented.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission
support the plans for future expansion within and around our jurisdictional area and that they
concur in the Mayors appointment of committee members for updating the Master Plan as prepared
by the Planning Department. The Motion was carried by the following Aye and No vote: those
votingAye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner
Vandeventer and Mayor Sedivy; those voting No, none.
Reports - Police Court for September Building Inspector of September
The Following reports were presented:
Police Court for September
Building Inspector for September
The City Manager commented on the reports and recommended they be accepted and ordered
filed.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports I
be accepted and ordered filed. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Comm-
issioner MacNab and Mayor Sedivy; those voting No, none.
Proclamation - A) National Unicef Day October 30, 1977
B) Life Insurance Week October 23-29, 1977
A. In concurrence with the United Children's Fund, the Mayor proclaimed October 30, 1977 as
UNICEF Day in Bozeman and urged all citizens to be aware of the activities of this organization
and to support local efforts in its behalf.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Comm-
ission endorse the Mayor's proclamation, and the motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner
MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none.
B. Mayor Sedivy announced his proclamation designating October 23-29 as Life Insurance Week
in the City of Bozeman.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Comm-
ission endorse the Mayor's proclamation, and the motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner
Vollmer, Commissioner Swanson and Mayor Sedivy; those voting No, none.
Adjournment
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned I
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy;
those voting N9, none. ~7p:
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ATTEST: -
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ERNA V. HARDING, 7
Clerk of the City Commission