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HomeMy WebLinkAbout1974-01-30 60 Bozeman, Montana 30 January 197Lj- The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Build ing, 30 January 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylow, Commissioner Lehrkind, City Manager Fryslie, Ass't. City Manager Keyes, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 30 January 1974 were approved as read. I Petition for Revision of Zoning Code: Remove Boarding Houses from R-3 permitted Use. A petition signed by 73 interested property owners and residents living on North 18th and 19th Avenue from Beall Street to Durston Road and a petition signed by 15 property owners living in the Maple Terrace Subdivision requesting the revision of the Zoning Code from R-3 Zoning to Rw2 Zoning to omit Boarding Houses in that area was presented. A number of persons were also present to dis- cuss the revision of the Zoning Code. Following a thorough discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the present zoning code not be revised but that the persons living in Graf's First Rearrangement of Kirk's Second Sub- division pursue the covenants instead. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commiss- ioner Lehrkind and Mayor Sedivy; those voting No, none. Ordinance No. 940 - Rescend Section 21, Bozeman Zoning Code (Flood Plain). The Zoning Commission having held a public hearing in regard to the repeal of Section 21, the Flood Hazard District of the Bozeman Zoning Code recommended that the City Commission not repeal Section 21 at this time. Followin~ a thorough discussion, the Commission concurred in the recommendation of the City Mana- ger and it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that Ordinance No. 9l~0 en titled: ORDINANCE NO. 940 AN ORDINANCE REPEALING SUB-SECTION 21, SECTION 17.10 OF THE BOZEMAN I MUNICIPAL CODE AND DESIGNATING AN EFFECTIVE DATE. as prepared by the City Attorney whereby Sub-Section 21 (Flood Hazard District Section 21.1 to and indud ing 21.6) of Section 17.10 (enti tled Bozeman Area Zoning Ordinance) of the Official Code of the City of Bozeman, Montana, b~ and the same hereby be, repealed and this ordinance shall be in full force and effect 30 days from and after its final passage and approval according to law be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Authority to Contract for Recreation Complex Fencing Installation - Gallatin Trenching and Irrigation Systems - $3,990.00 The City Manager requested authorization to contract for installation of fencing at the Recrea- tion Complex and recommended that the City Commission approve the award of this project to Bob Freder- icks, owner of Gallatin Trenching and Irrigation Systems at a cost of $3,990.00 with the City Purchas- ing necessary materials. The money for the installation of the fencing of the Recreation Complex was raised by the Softball Association. Following a discussion, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they call for bids for the installation of the fencing only d\le to the fact that Gallatin Trenching and Irrigation Systems did not bid on the labor at the time the bids were opened for the materials. Those voting Aye being Commissioner Taylor and Mayor Sedivy; those voting No, being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer. The motion was defeated. It was then moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they enter I into a contract with Gallatin Trenching and Irrigation Systems for the installation of the Chain Link Fence at the Recreation Complex at a cost of $3,990.00. The cmmtractor is aware of the other proposed construction projects within the complex and will coordinate this work to minimize conflict. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer. Commissioner Vandeventer, Commissioner Lehrkind and Mayor Sedivy; those voting No, Commissioner Taylor. The motion was carried. Instruction t~ City Attorney - Possible Legal Action to Secure Impounded Federal Fllnds! Approx. $410,000.00 In May of 1971 the City Manager and the City Attorney met with the Montana Congressional Delegation ~q tJ., to draw a Resolution of Intention to vacate the above alley reserving unto the City of Bozeman, Mont- ana, public easements for all existing utilities in the north-south alley over and across which no structures may be constructed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Contracts for Execution - Bozeman Creek Supply Line. Johns ton Excava tin~, IJ2.~:J. I The contract documents for the construction of the Water Transmission Line Bozeman Creek Supply tl1as presen ted. The City Manager recommended that the contract documents be approved as presented. It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind, that the contract domuments in the amount of $87,232.50 be approved and that the Mayor and Clerk of the Commission be authorized and directed to sir,n the contract for the City of Bozemaand that Johnston Excavating. Inc., of Bozeman be authorized to proceed with the construction and the pledge for bid security be returned to Johnston Excavating, Ioc. , and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner Lehrkind, Commissioner Vollmer. Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. petition Suggesting Litter Receptacles - Junior High Schools Students A petition signed by 145 interested students of the Bozeman Junior High School suggesting that trash cans be placed along the streets in the down-town area (Main Street, North Seventh Avenue, Mendenhall and Babcock Street) was presented. Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that the Commission take the matter under advisement and consider it and if possible take some action. The motion was carried by the following Aye and No vote: those votin~ Aye being Commissioner Lehrkind, and ahor Sedivy. Commissioner Vollmer. Commissioner Vandeventer, Commissioner Taylor;/t ose voting No, none. Rep!?rt~ The following reports were presented. Waste Water Plant (Annual) Cemetery Director of Finance Police Chief Water Collector I The City Manager commented on the reports and called upon Don Noyes and Joe Steiner to comment on the Annual Waste Water Treatment Plant report. It was moved byCommissioner Vollmer, seconded by Commissioner Vandeventer, that the reports be approved and ordered filed and Don Noyes and Joe Steiner be commended on their comprehensive report and the amount of work they had done at the Waste Water Treatment Plant. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind; 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 Taylor. that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. ~~-=-. ..~~ ~~.~"... ~~, ~~-<-,- .- . --~- ~----,.-- .z__ Edmund p( Sedivy,_-Sr. ,-/Mayov ATTEST: "7 :~~) ./14 ~ /:.._c;?/:....~ c,"" " r ~- c:,.. ;./". "" ..- "..-..' - "y ERNA V. HARDING, / Clerk of the City Commission I 61 to appeal for additional Federal Grant Funds on Project HPCA Mont-125 New Waste Hater Treatment Plant and Sewer Lines from the Environmental Protection Agency. The Grant funds approved by Congress under the new Federal Water Pollution Law were immediately impounded by the Federal Office of Management and Budget. Following a thorough discussion of the Grant funds and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that I they instruct the City Attorney to investigate the legal action to be taken to secure the retroactive Grant funds approved by Congress under the new Federal Water Pollution Laws for the 1969 construction of the Bozeman Waste Water Treatment Plant. The motion was carried by the following Aye and No vote Thos voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind, Comm- issioner Taylor and Mayor Sedivy; those voting No, none. Proclamation: March of Dimes "PiWeek" 4-9 February 1974 In accordance with the Montana State University Chapter of the Pi Kappa Alpha Fraternity, Mayor Sedivy proclaimed 4-9 February as the March of Dimes "Pi Week" in an attempt to fight birth defects through research and rehabilitation and urged all citizens to take an active part in supporting this worthy cause. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the Mayor's proclamation be endorsed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Commission Resolution No. 16lf9, Intent to Vacate Alley in Block 2; North Seventh Addition COMMISSION RESOLUTION NO. 1649 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE ALLEYS IN BLOCK TWO OF THE NORTH SEVENTH ADDITION TO THE CITY OF BOZEMAN, MONTANA. as prepared by the City Attorney as directed by the City Commission to vacate all alleys in Block 2 of the North Seventh Addition to the City of Bozeman, Montana, according to the official plat there- of filed and recorded in the office of the Clerk and Recorder, reserving to the City of Bozeman a I Utility Easement for water, sewer, electrical and natural gas lines in the north-south alley of said block was presented. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that Connnission Resolution No. 1649 be passed and adopted and 27 February be the date set for public hear- ing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Commission Resolution No. 1642, 1643, 1644, 1645; 1646, In~ent to Create Sprinliling Districts COMMISSION RESOLUTION NO. 1642 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY of BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NUMBER 5 FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIATIVE UPON PARTS AND PORTIONS OF NORTH SEVENTH AVENUE 'IN THE CITY OF BOZEMAN; ENUMERATING THE STREETS; ALLEYS, AND PUBLIC PLACES TO BE INCLUDED WITHIN SAID SPRINKLING DISTRICT; PROVIDING THE MANNER TO BE EMPLOYED IN SPRINKLING SAID STREETS; ESTIMATING THE COST OF SPRINKLING IN SAID DISTRICT AND PROVIDING FOR THE METHOD OF ASSESSMENT OF THE PROPERTY TO BE BENE- FITED BY SAID SPRINKLING DISTRICT. j' as prepared by the City Attorney as directed by the City Commission was presented. Th~ Commission concurredih the, recommend a tion 'of".theCity Manager'and' -it:was, moved oy,'CommisAiioner - Lehikind ~ second- ed by Commissioner Vollmer; that' Comnission 'ResoluHon No. '1642 'be passed 'and adopted and that Wed- nesday; 20 February 1972 be the date set for public hearing and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Lehrki~ Commissioner Vollmer, Commissioner I Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No; none. COMMISSION RESOLUTION NO. 1643 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN; MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 6 FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIATIVE UPON PARTS AND PORTIONS OF MAIN STREET IN THE CITY OF BOZEMAN; ENUMERATING THE STREETS; ALLEYS AND PUBLIC PLACES TO BE INCLUDED WITHIN SAID SPRINKLING DISTRICT, PROVIDING THE MANNER TO BE EMPLOYED IN SPRINKLING SAID STREETS. ESTIMATING THE COST OF SPRINKLING IN SAID DISTRICT AND PROVIDING FOR THE METHOD OF ASSESSMENT OF THE PROPERTY TO BE BENEFITED BY SAID SPRINKLING DISTRICT. 62 as prepared by the City Attorney as directed by the City Commission was presented. The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner Vollmer, sec- onded by Commissioner Vandeventer, that Commission Resolution No. 1643 be passed and adopted and that Wednesday, 20 February 1974, be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vande- venter, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. COMMISSION RESOLUTION NO. 1644 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 7 FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIATIVE UPON PARTS AND PORTIONS OF EAST AND WEST MENDENHALL, NORTH h'ALLACE AVENUE, NORTH BLACK AVENUE, NORm CHURCH AVENUE, NORTH ROUSE AVENUE, NORTH BOZEMAN AVENUE, NORTH GRANrJ AVENUE, NORTH THIRD AVENUE, NORTH FIFTH AVENUE, NORTH WILLSON AVENUE, NORTH TRACY AVENUE, WEST BEALL STREET, AND WEST LAMME STREET IN THE CITY OF BOZEMAN, ENUMERATING THE STREETS, ALLEYS, AND PUBLIC PLACES TO BE INCLUDED WITHIN SAID SPRINKLING DISTRICT, PROVIDING THE MANNER TO BE EMPLOYED IN SPRINKLING SAID STREETS; ESTIMATING THE COST OF SPRINK- LING IN SAID DISTRICT AND PROVIDING FOR THE METHOD OF ASSESSMENT OF THE PROPERTY TO BE BENEFITED BY SAID SPRINKLING DISTRICT. as prepared by the City Attorney as directed by the City Commission was presented. The commission concurred in the recommendation of the City Manager and it was moved by Commissioner Vandeventer, seconded by Corrnnissioner Taylor, that Commission Resolution No. l61+4 be passed and adopted and that Wednesday, 20 Fehruary 197L~, be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. COMMISSION RESOLUTION NO. 1645 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 8 FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIATIVE UPON PARTS AND PORTIONS OF EAST AND WEST BABCOCK STREETS, SOUTH WALLACE AVENUE, SOUTH CHURCH AVENUE, I SOUTH ROUSE AVENUE, SOUTH BOZEMAN AVENUE, SOUTH THIRD AVENUE, SOUTH FIFTH AVENUE, SOUTH SEVENTH AVENUE, SOUTH EIGHTH AVENUE, SOUTH BLACK AVENUE, SOUTH TRACY AVENUE, SOUTH WILLSON AVENUE, SOUTH GRAND AVENUE, AND AND EAST AND WEST OLIVE STREETS IN THE CITY OF BOZEMAN; ENUMERATING THE STREETS, ALLEYS AND PUBLIC PLACES TO BE INCLUDED WITIIIN SAID SPRINKLING DISTRICT, PROVIDING THE MANNER TO BE EMPLOYED IN SPRINK- LING SAID STREETS; ESTIMATING THE COST OF SPRINKLING IN SAID DISTRICT AND PROVIDING FOR THE METHOD OF ASSESSMENT OF THE PROPERTY TO BE BENEFITED BY SAID SPRINKLING DISTRICT. as prepared by the City Attorney as directed by the City Commission was presented. The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that Commission Resolution No. 1645 be passed and adopted and that Wednesday, 20 February 1974, be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind. Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. COMMISSION RESOLUTION NO. 1646 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOhlN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 9 FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIATIVE UPON PARTS AND PORTIONS OF WEST MENDEN- HALL STREET FROM NORTH SEVENTH AVENUE TO NORTH ELEVENTH AVENUE; NORTH EIGHTH, NORTH NINTH, NORTH TENTH AND NORTH ELEVENTH AVENUES FROM WEST MAIN STREET TO WEST MENDENHALL STREET, IN THE CITY OF BOZEMAN; ENUMERATING THE STREETS, AVENUES AND PUBLIC PLACES TO BE INCLUDED WITItIN SAID SPRINKLING DISTRICT, PROVIDING THE MANNER TO BE EMPLOYED IN SPRINKLING SAID STREETS; ESTIMATING THE COST OF I SPRINKLING IN SAID DISTRICT AND PROVIDING FOR THE METHOD OF ASSESS- MENT OF THE PROPERTY TO BE BENEFITED BY SAID SPRINKLING DISTRICT. As prepared by the City Attorney as directed by the City Commission was presented. The commission concurred in the recommendation of the City Manager and it was moved by Commissioner Lehrkind, sec- onded by Commissioner Vollmer, that Commission Resolution No. 1646 be passed and adopted and that Wednesday, 20 February 1974 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 Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. 63 Reports - Librarian The City Manager commented on the report of the Librarian and recommended approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the report of the Lib- rarian be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Comm- I issioner Lehrkind and Mayor Sedivy; those voting No, none. Preseritation - Bogert Swimming Pool Renovation Program The City Engineer appeared before the Commission to present the Bogert Swimming Pool Renovation Program, explaining the various designs of the pool, building etc. The Recreation Board has gone on record as recommending all proceedures in connection with the development of this project. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the City Comm- ission commend the City Engineer on his fine presentation of the Swimming Pool Program. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Comm- issioner Vollmer, Commissioner Taylor, Commissioner Lehrkind 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 Taylor, seconded by Commissioner Lehrkind, that the meeting be adjourned and the motin was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commiss- ioner Lehrkind. Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. . L -~~~' /V .,/ ," ..... ~d ~c/h,' y/~/( --- :....- ~-.....'.. ..-- , ., ,. -- - . ->/ EDMUNDP'. StDIVY, ~., L M8Y~ / , ATTEST: , ./._,,/ ,/' (';"'/ (. .... ... /' I -"<;t-::.~. / {rId ~ "--C~ _, ~, ERNA v. HAR lNG, // Clerk of the City Commission I