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Home My WebLink About1973-10-10 I I I 1 Bozeman, Montana 10 October 1973 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Wednesday, 10 October 1973, at 1:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, City Manager Fryslie, Asslt. City Manager Keyes, City Attorney Berg and the Clerk. Comrrd.ssioner Lehrkind opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held Wednesday, 3 October 1973 were approved as corrected. Q.25'21 Bids , Construction of SID No. '125, 526, 527, 528, 529, 530, 532 and 533 This ,,,as the time and place set for opening bids for SID No. 525 for the construction (}f a san i - tary s et"e r trunk line, Figgins and Graf's Third Addition, SID No. 526 for the construction of a trunk water main, Figgins and Grafls Third Addition, SID No. 527 for the construction of a Sanitary sewer lateral, Figgins and Grafls Third Addition, SID No. 528 for the construction of lateral watermains, Figgins and Graf's Third Addition, SID No. 529 for the construction of t"atermains and sanitary sewers on North Twenty-First from Beall Street to Durston Road, SID No. 530 for the construction of paving North Twenty-First from Beall Street to Durston Road, SID No. 532 for the construction of trunk water- mains, Remington Addition and SID No. 533 for construction of watermain laterals, Remington Addition. Affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bids be opened and read anrl the motion Has carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner L0hrkind, Comm- issioner Vandeventer, Commissioner Vollmer and Mayor Grabot"; those voting No, none. The following bids were then opened and read: Bozeman Sand & Gravel, Bozeman Felton Construction Co., Missoula Peter Kiewitt Son's, Billings Konda Construction Company, Butte $383,169.65 339,959.80 359,165.00 354,9%.00 The Commission concurred with the recommendation of the City Manager and it was moved by Commiss- ioner Lehrkind, seconrled by Commissioner Vandeventer, that the bids be referred to the engineers re- presenting consultant Thomas, Dean & Hoskins, Inc. and the city engineer for final tabulation, con- sideration and recommendation 17 October 1973 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Com\'ni~::>_iOll.se~<?lt.~!;:_L22~_J~.o_~ 1(,22, Intent to Vacate Be~ll StreeS...l..._IOttl._~J:.!..I:h 0vc...L}Ie~ing_z.. Nc~__~el;1her:. COMMISSION RESOLUTION NO. 1622 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A PORTION OF 1vEST BEALL STREET LYING BETIvEEN NORTH TENTH AVENUE AND NORTH ELEVENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA prepared by the City Attorney as directed by the Commission to vacate a portion of West Beall Street lying between North Tenth Avenue and North Eleventh Avenue in the City of Bozeman was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that Commission Resolution No. 1622 be passed and adopted and 7 November be set as the date for public hearing and the motion was carried by the following Aye and No vote: those votinr, Aye being Commissioner Lehrldnd, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabo~,,; those voting No, none. He~~t)-~.2ni....:pnaJ:.Adop- Lion, .Jtesol~' Lion No. 1620, Final Assessl11en~Jnp")ll_L_ $3l...-0, 3/i.g. !+I!:.L.ii.as_~_.s.:_ ~;('tcle:r Th ?P~P "?.Q.r~~s__,.R.~>",I,~r_t:l1...3~"(~j- t :i:.222..- This was the time and place set for public hearing on levying final assessment for the constru- ction and installation of water and se~1er construction of Thompsons Fourth Arldition, SID No. 511 in the amount of $310,348.44. Affidavit of publication of Notice was presented. No one was present to protest verbally and there being no protests on file, it was moved by Commissioner Vandeventer, sec- onded by Commissioner Vollmer, that Commission Resolution No. 1620 provisionally passed and adopted on 3 October be finally passed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Crabo~l; those voting No, none. QaJ1~r:i!:1".liu!nan~ Soc_toLy - PArcel., ofJ..:.:'lnd Several members of the Gallatin Humane Society were present to discuss their problems and various solutions as to what could be done as far as a parcel of land is concerned. Followinr, a discussion and in concurrence t"ith the recommendation of the City Manager, the Comm- ission sUGr,ested that the Humane Society work with the City Staff to evaluate the problems and figure ou t tc1ha t could be done to overcome the problems. -, ... 2 Commission Resolution No. 1621 - Authorize Mayor & Clerk to Sign for City W"a-r;.::a;ty Deed conveying Lot 3 and No.5' of Lot l~, Block B, Alderson's Addition Commission Resolution No. 1621 authorizing the Mayor and Clerk of the Commission to execute a Warranty Deed along with the Warranty Deed whereby the City of Bozeman transfer and convey to Dokken, Nelson Funeral Service of Bozeman, Lot 3 and the North 5' of Lot 4 in Block "B" of Aldersons Addition to Bozeman was presentecl. COMMISSION RESOLUTION NO. 1621 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE MAYOR AND CLERK OF THE CITY COMMISSION TO EXECUTE A WARRANTY DEED. Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution authori~ing the Mayor and Clerk of the City Commission to execute the Warranty Deed be approved and that the Warranty Deed transferring and conveying Lot 3 and the North 5' of Lot If in Block "B" of Aldersons Addition to Bozeman, Montana, according to the official map and plat on fi Ie and of record in the office of the Clerk and Recorner to Dokken Nelson Funeral Service be accepted by the City of Bozeman and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Chat~ge O~'!..-:~E-J-J.Q_:~.-=_ $5, 7_0.1..:..9_Q.._?nd.._Change Order No.2 - $l,93}.OO - SID 512 Change Order No.1 And 2 on SID No. 512 as prepared by Thomas, Dean & Hoskins, Inc., to become a part of the original contract for construction of improvements in the project described were pre- sented as follows: Description: The Installation of a 12" perforated drain of corrugated metal material from the intersection of Hereford Street to that of Vadheim Street within Tracy Avenue, thence into the adjacent stream and the park west of Tracy Avenue. Cost: The lump sum cost to include perforated pipe, particular fittings and plugs, washed course aggregate, backfill adjacent to the pipe, backfill and compaction is $5,765.00. Description: The removal of an exiflting 24' corrugated metal pipe and the replacement with a 32" reinforced concrete pipe at Station 3+57 on Mason St. Cost: 86 L.F. at a unit price of $22.50 per L.F., = $1,935.00 The City Manager concurred with the engineers and recommended that Change Order No. land 2 be accepted and approved as presented. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Change Orders be accepted and the Mayor and Clerks 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 Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. Bce:...~~ to. Vaca te Alley, Block 2~orth Seventh Addi tion ^ letter received from several property owners requesting that the alley located between Aspen and Tamarack Streets and running parallel to North Fifth and North Seventh Avenue in the City of Boz- eman be vacated was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that they aclmo\>1ledge receipt of the request and refer it to the City staff for coordination and study to be brought back for action as soon as possible. The motion WAS carried by the follo\>1ing Aye and No vote: those voting Aye bcing Commissioner Lehrldnd, Commissioner Sedivy, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. ^ll..~t2Ji ty__to _.gpndu~!:._Jund_. DriveL 10 0(: tober 1973 for P,nk cm<!.~_alli1 t.~}l County You th Gui.dance.. Corp. ?"p~t~!:.~_<!.nd _L'}~ ^ letter received from the Spurs and Fangs of the Montana State University req\lesting permission to conduct a door to door fund drive on Wednesday, lO October from approximately 6 until 10 p.m. to raise funds for the Park-Gallatin Youth Guidance Corporation was presented. It was moved hy Commiss- ioner Sedivy, seconded by Commissioner Vandeventer, that the request to conduct the fund drive for the Park Gallatin Youth Guidance Corporation be approved and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. .li.e_q!!.~~~-t?_~_~~gn Coc!~3ari'ln._~:!:..__:~_<:1..~ffice, 2!, South W~J.lson A~J~ue A letter received from Douglas D. Dasinger requesting a variance from the City of Bozeman and the Fire Department to allow construction and installation of a wooden sign to be erected at law off- ices of Anderson and Dasinger located at 2!' South Hillson Avenue was presented. The Commission concurred in the recommendation of the City Manager and it was moverl by Commiss- ioner Vandeventer, seconded by Commissioner Vollmer, that the Commission grant the variance to allow I I I I I I construction and installation of the wooden sign at the office of Anderson and Dasinger located at 24 South Willson Avenue and the motion was carried by the following Aye and No vote: those voting A 1:. Comm'ssioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind ye )e~ng ... and Mayor Grabow; those voting No, none. Reports The following reports were presented: Cashier Police Chief The City Manager commented on the reports and recommended approval thereof. It was moved by Commi.ssioner Vollmer, seconded by Commissioner Sedivy, that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grahow; those voting No, none. Claims The claim Nos. l~808 thru l~966 inclus i ve and lfi384 thru 16606 inclusive were presented. Band $ 2.66 Park $ 2,849.97 SID's $176,612.42 Cemetery 1,338.95 Parking Meter 356.67 Street 6,860.32 Cem. Suspense 120.00 P.E.R,S. 2,747.90 Water 17,ll9.45 GArbage 4,660.8l Planning Bd. 60.95 Cern. Perm. 12,300.00 General 25,437.50 Pol Reserve 33,369.73 No. Wallace 500.00 Library 1,277.64 SDS 5,277.87 Total $290,892.84 The City Manager checked the clai.ms and found them to be true and lawful claims against the City of Bozeman and recommenned they be approved and the Director of Finance be directed to issue warrants in payment. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the claims be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Voll- mer and Mayor Grabm'l; those voting No, none. ~o.:Ln~~er:t of CityAttorney, Ben E. Berg, Jr. Michael J. O'Connell having tendered his resignation as City Attorney for the City of Bozeman effective 3 October 1973, City Manager Fryslie announced his appointment of Ben E. Berg, Jr. as City Attorney for the City of Bozeman effective 9 October 1973. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Commission concur in the City Managers appointment and welcome Ben Berg back as City Attorney. The Motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Comm- issioner Sedivy and Mayor Grabow; those voting No, none. Commeml,_~i):E':...l?.fP._~J::'~~_::' Kick-Off Brealdast for Fire Prevention Week It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Fire Department be commended on a very successful breakfast in connection with the kick-off for Fire Prevention h'eek. Also the letter received from Attorney General Woodall was timely and very appropriate. The motion was cnrried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commiss- ioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and 1'layor GrahmJ; those v0ting No, none. Lic~se Bond~ - Dmvson__Bros., }1echanical ~ In compliance wi th Chapter llf of the Bozeman Municipal Code, the nechanical bond of Dav7son Bros. was presented. The building Inspector had recommended approval of the bond and the City Attorny app- roved the bond as to form. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Mechanical bond be approved and the motion ~vas carried by the follm'ling Aye and No vote: Those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commiss- ioner Vollmer and Mayor Grabow; those voting No, none. Gallatin Council for the Agin~ Several menlbers of the Gallatin Council for the Aging t'7ere present to (1iseuss ~'7ith the Commiss- ion the various pror,rams and to suggest that the Commission select one of its members to serve l>]jth the Gallatin Council for the aSing group. Ad Jc>'~.:~!ln~e:..I.1.! There being no further business to come before the Commission at this time it vms moved by Comm- issioner I.ehrkind, seconded by Commissioner Vandeventer, that the meetine be adjourned and the motion was carried by the follm<Jing Aye ann No vote: those voting Aye beinr, Commissioner Lehrkind, Commiss- ioner Vanneventer, Commissi.oner Vollmer, Commissioner Sedivy and l1ayor Grabow; those voting No, none. ~ (tat! ,7 Clerk of 3