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Home My WebLink About1973-12-05 36 Bo;~eman, Montana 5 December 1973 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building,S December 1973, at 1:15 o'clook p.m. Present were Mayor Grabow, Commissioner Lehrkind, Comm- Vandeventer, Commissioner Vollmer, Acting City Manager Keyes, City Attorney Berg and the Clerk. Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held Wednesday, 28 November 1973 were approved as corrected. Authorize Absence of Commissioner Sedivy: Upon the recommendation of the Acting City Manager, it was moved by Commissioner Lehrkind, sec- onded by Commissioner Vandeventer, that the absence of Commissioner Sedivy be authorized in compliance with Section 11-3245, R.C.M., 1947 and the motion was carried by the following Aye and No vote: those voting Aye Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Grabow; those voting No, none. Open Bids - Multi Purpose Paving, also includes B.O.R. Money This was the time and place set for opening bids for the construction of the Multi-Purpose Paving which includes reconstructing of some paved tennis areas at Bogert Grove and paved areas on various elementary school sites. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bids be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. The following bids were then opened and read: Bozeman Blacktop, Bozeman Bozeman Sand & Gravel, Bozeman Long Construction, Billings $42,136.00 48, 712 . 50 89,952.00 Upon recommendation of the Acting City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkin~L that the bids be referred to the consulting engineers Thomas, Dean & Hoskins and the City staff for tabulation and recommendation to be made to the Commission at their next meet- ing on Wednesday, 12 December 1973. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Hearing, Resolution No. 1631 - Intent to Create SID No. 534, Watermains North Fifth Oak to Juniper This was the time and place set in Commissioner Resolution No. 1631, to hear protests to the creation of Special Improvement District No. 534, construction and installation of a watermain on North Fifth Avenue, Oak Street to Juniper Street. Affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified as required by law were presented. there were no protests on file and no one appeared to protest verbally. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that Commission Resolution No. 1637 creating Special Improvement District No. 534, entitled COMMISSION RESOLUTION NO. l637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 534 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH WATERMAIN FROM NORTH SEVENTH AVENUE EAST ON HEMLOCK TO NORTH FIFTH AVENUE, AN EIGHT INCH WATERMAIN FROM THE INTERSECTION OF VACATED3UNIPER STREET AND NORTH FIFTH AVENlJE NORTH ON NORTH FIFTH TO HEMLOCK THEN EAST ON HEM- LOCK TO THE READJUS TMENT OF NORTH FIFTH, THENCE NORTH ON NORm FIFTH TO OAK STREET, A TWELVE INCH WATERMAIN ON OAK STREET FROM NORTH FIFTH AVENUE TO CONNECT WITH THE EIGHT INCH WATERMAIN EXTENDING EAST FROM NORTH SEVENTH AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS HYDRANTS, SERVICE LINE STUBS, PAVING REPLACEMENT AND OTHER NECESSARY APPURTENANCES THERETO. " as prepared by the City Attorney be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Mayor Grabow; those voting No, none. Hearing, Resolution No. 1633, Intent to Create SID 536, Paving Oak Street Resolution No. 1639, Creating SID 536 This was the time and place set in Commission Resolution No. 1633 to hear protests to the creation of Special Improvement District No. 536, paving construction on a portion of West Oak Street between North Fifth Avenue and North Seventh Avenue in Westlakes second and fourth addition. Affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified as required by law were presented. There were no written protests on file and no one appeared I I I I I I '.. "'~,! ',/1 .) i, to protest verbally. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. 1639 creating Special Improvement District No. 536, entitled: COMMISSION RESOLUTION NO. l639 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 536 OF THE CITY OF BOZEMAN FOR THE PURPOSE of CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, IN- TEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON A PORTION OF WEST OAK STREET BE'lWEEN NORTH FIFTH AVENUE AND NORTH SEVENTH AVENUE IN WESTLAKES SECOND SUBDIVISION, WESTLAKE'S FOURTH SUBDIVISION AND WESTLAKE'S ANNEXATION. as prepared by the City Attorney be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Resolution No. 1638 - Creating SID No. 535, Paving West Hemlock Street Commission Resolution No. 1638 creating Special Improvement District No. 335 for the paving con- struction of Hemlock Street from Fifth to Seventh Avenue, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 535 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES TIIERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON A PORTION OF WEST HEMLOCK STREET IN THE NORTH SEVENTH ADDITION AND WESTLAKE'S FOURTH SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M. P.M., AND BEING A POR- TION OF THE CITY OF BOZEMAN. as prepared by the City Attorney was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that Commission Resolution No. l638 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Hearing Zoning Code Amendment - Don M. Langohr, Jr., property from RS-l to R-Q This was the time and place set for public hearing to consider the amendment to the Zoning Code which, if granted, would change the classification of the Don M. Langohr, Jr., property on South Tracy from RS-l to R-O. The Bozeman City Zoning Commission having reviewed the zoning change recommended that the area north of Garfield Street be changed from R8-l to R-O and that the area south of Garfield Street be changed from RS-l to R~3. Mr. & Mrs. Don M. Langohr, Jr. appeared before the Commission in regard to the area in question. Following an extensive discussion, the Acting City Manage in concurrence with the recommendation of the Bozeman City Zoning Commission also concurr~d in by the Bozeman City-County Planning Board re- commended that the area north of Garfield Street be changed from RS 1 to R-O and that the area south of Garfield Street be changed from RS-l to R-3. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that they approve the application for an amendement to the Zoning Code as recommended above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Vandeventer. Commissioner Vollmer and Mayor Grabow; those voting No, none. Zone Code Amendment - Aspen Basin Rick Mayfield, Planning Director of the City County Planning Board appeared before the Commission to explain that through an error during the drafting of the final zoning map they inadvertantly omitted including the Aspen Basin Subdivision within a zone which would allow residential development. Since all other subdivisions were zoned to allow residential development, Mr. Mayfield requested permission to show the Aspen Basin Development on the Zoning Map within an RS-l Zone. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the planning staff be given permission to make this minor drafting change on the official zoning map. The motion was car- ried by the following Aye and No. vote: those vo~ing Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Preliminary Plat ~ The Greens, Riverside Country Club The City County Planning Board having reviewed a proposed development of the Riverside Development corporation determined that because there are condominiums proposed within the development, the plan . .t ..... C, t,J is classified as a subdivision under the Montana Survey and Platting Act and therefore held a hearing as prescribed by law and reviewed the proposal. In accordance with the Senate Bill No. 208, Regulations the hearing was presented to the Commission within the required ten day period. It was moved by COmm- issioner Vollmer, seconded by Commissioner Lehrkind, that they acknowledge receipt of the Riverside Development Corporation and table consideration of the subdivision until 9 January 1973 when the hear- ing on a zone change and a conditional use permit will be held. The motion was carried by the follow ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Abatement of Special Assessments for 1973 The following applications for the tax abatements Notice 4F ~ Lot 843"'"'-.,-, C. Robert Emerson 5 & 6 877 1163 1229 1308 2345 2557 2652 2733 2850 3039 4009 4059 4198 4247 4296 Farmers Union GTA Aspen Plaza Tru~t Clarice Harrison H. Ray Hill Helen B. Rhoades Sophie Sheldon Charles Sorenson Roger Stradley Gloria M. Thiesen Gladys Walter Daniel L. Figgins MariaD B. Smerker Helen S. Burris Everett Egbert Marjorie L. Keiser 15 thru 18 6 thru lO Tr E Trian Tr in SE Cor of Tr l4 l4 25 thru 28 3, 4, 5, 3 E70' of 8,9,10,11,. andl2 W75' of 2 N70' 4 & 30' Cen.3, 40' So of No line Unplatted Area Tr 1 being 1.13 Acres 5 4 20 I in the amount of $438.25 was presented. Block Addition Garb. Sani & W & C & SID 9 D 2 E 4 23 7 1 21 A L 4 4 7 Butte Rouse's 1st North 7th Beall's 1st West Park West Side West Park Rouse's 3rd West Park Garbage $24.00 W & C 25.19 San. L.F.126.00 Garbage 14.40 Garbage Garbage Garbage Garbage Garbage Lindley & Guy Garbage Original Plat Garbage Unplatted Westridge New Hyalite New Hyali te San LF Garbage S.LD. San LF San LF Garbage Sant. L. Fill SID's W & C Total 4.80 15.60 9.84 8.80 18.00 9.60 lO.OO 9.36 19.21 132.65 2.16 8.64 I 134.25 146.16 132.65 25.19 $438.25 In Concurrence with the recommendation of the Acting City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the application be approved and the Director of Finance be authorized to enter the abatements on the tax record. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commiss- ioner Vollmer and Mayor Grabow; those voting No, none. Commission Resolution No. 1640, Certification of Delinquent City Special Assessments - $109,308.63 Commission Resolution No. 1640 certifying delinquent taxes in the amount of $109,308.63 to the Gallatin County Treasurer was presented, entitled: COMMISSION RESOLUTION NO. 1640 A RESOLUTION OF THE COMMISSION OF THE CDTY OF BOZEMAN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYAB'E,E 30 NOVEMBER 191ci!, AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESS- MENTS, DUE AND PAYABLE NOVEMBER 30, 1973, AND UNPAID, DELINQUENT, AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION ll-2233, POLITICAL CODE, R.C.M., 1947. Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the resolution be passed and adopted and the motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner 7Lehrkind and Mayor Grabow; those voting No, none. Warrant Deed - Thompson Hereford Ranches to City of Bozeman - For Street Purposes A warranty deed whereby Thompson Hereford Ranches, Inc., granted unto the City of Bozeman for Street purposes a tract of land in the Northwest Quarter of the Southeast Quarter of Section 18, Town- 2 South, Range 6 East, MPM as filed and a matter of record in Deed Book 102, Page 30l, Tract No. 2A, Gallatin County Clerk & Recorder was presented. I I I Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Vande- venter, that the Warranty Deed be accepted by the City of Bozeman and filed for record with the Gallatin County Clerk & Recorder and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Ordinance No. 939 - Issuance of Sewerage System Refunding Revenue Bonds Acting City Manager Keyes introduced in written form a proposed Ordinance, entitled: ORDINANCE NO. 939 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,2l0,000 SEWER- AGE SYSTEM REFUNDING REVENUE BONDS UNDER THE PROVISIONS OF ORDINANCE NO. 918, TO REFUND, PAY AND REDEEM BONDS NOW OUTSTANDING THEREUNDER. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN. As prepared by Dorsey, Marquart, Windhorst, West & Halladay. Having read and considered the Ordinance, Commissioner Lehrkind moved it final passage and adoption which motion was seconded by Commissioner Vandeventer and upon roll call vote being taken on the motion the following voted in favor thereof: Commissioner Lehrkind, Commissioner Vand~venter, Commissioner Vollmer, and Mayor Grabow; the following voted against the same: None., whereupon the ordinance was declared duly passed and adopted as ordered by the affirmative vote of not less than four-fifths of the members of the Commission in accordance with the provisions of Section ll-3250, R.C.M., 1947. The ordinance was then signed by the Mayor and filed and recorded by the Clerk of the Commission and designated as Ordinance No. 939; and the Clerk was directed to cause the number and title thereof to be published in the official newspaper at least once within ten days from this date in accordance with Section ll-3254, R.C.M., 1947. Authority to Call for Bids - 7800 tons of Plant Mix and Gravel - Gas Tax Money The Acting City Manager requested authority to call for sealed bids for 4,000 tons 3/4 inch gravel and 3,800 tons 1/2 inch bituminous plant mix to be used for street and alley maintenance and recon- struction and is to be paid out of Gas Tax HB-254 funds.. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request be approved and the Clerk of the Commission be auth- orized and directed to issue a "Call for Bids" to be opened on Wednesday, 19 December 1973 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Montana Highway Department - Signing Agreement Federal Aid Project No. F9999(38) Unit 2 for the construction of flashing school lights and mis- cellaneous signing improvements to be placed on U.S. 19l (Main Street) beginning at the City Limits and extending easterly to the intersection of West Main Street with North Seventh Avenue was presented. The Commission concurred with the recommendation of the Acting City Manager and it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that the project agreement be approved as presented and that the Mayor and the Clerk of the Commission be authorized and directed to sign the Agreement for the City and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeveuter and Mayor Grabow; those voting No, none. Commission Bond and Oath of Office ~ Robert A. Taylor The official bond and oath of office in the amount of $5,000.00 as required be Ordinance No. 524- 2l08-B~0 of the Bozeman Municipal Code for Robert A. Taylor newly elected Commissioner of the City of Bozeman was presented. The bond covers a period of four years, beginning 1 January 1974 and ending 3l December 1977. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bond be approved as recommended by the City Attorney and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vande- venter, Commissioner Vollmer and Mayor Grabow; those voting No, none. Discussion on City Liability Insurance, Dick Fish of Waite & Company Dick Fish of Waite and Company was present to discuss the newly approved $1,000,000.00 Limit Fire and Liability Insurance, including Directors Errors and Ommissions and Police with National Indemnity Company. The Commission thanked Mr. Fish for coming to explain the City Liability Insurance. Reports The following reports were presented Building Inspector Librarian Fire Chief The Acting City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, 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 39 40 Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Claims Claim No's. 16890 thru 17097 and 6601 thru 6732 inclusive were presented. Band Cemetery Cemetery Suspense Garbage General Library Park Parking Meter l8.3l 4,852.44 480.00 8.010.48 $20,084.50 1,707.88 1,722.25 322.88 PERS $ 2,662.89 Planning Board .79 Police Reserve 3,369.73 SDS 4,242.11 SID's 9,989.70 Street 11,892.86 Water 19,207.26 SID's (Walks & Curb) 18.90 Total $88,582.98 The Acting City Manager had checked the claims and found them to be true and lawful claims again- st the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, 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 Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none Adjournment There being no further business to come before the commission at this time, it was moved by Comm- Vollmer, issionerlseconded by Commissioner Lehrkind, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. ~ I~&d({t~fJz4/<!i(;~ WILLIAM B. GRABIDW, Mayor ATTEST: I I I