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HomeMy WebLinkAbout1974-02-20 69 Bozeman, Montana 20 February 1974 The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, 20 February 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Ci ty Manager Fr'-'s lie, Ci ty . Attorney Berg and the Clerk. I Commissioner Vollmer opened the meeting with a prayer and the following proceedings vTere had. Hinutes of the regular meeting held on Wednesday, 13 February 1971~ were approved as read. !:f~El!lg Commission Resolutiqn No. l642--Intent to Create SprinklinLDistl"Js~_ No. . 5 This was the time and place set in Commission Resolution No. 16112 to hear protests to the crea- tion of Special Improvement District No. 5 for the purpose of sprinkling water, oil, salt or any dust palliative upon parts and portions of North Seventh Avenue. Affidavit of publication of Notice and the Clerks mailing Certificate stating that all property ovmers had been notified as required by law were presented. The City Engineer presented protests filed with the Clerk of the Commission re.- presenting 8.01% of the proposed district. Several property owners protesting the creation of a portion of the sprinkling district were also present to discuss the protests. Following a discussion and in concurrence with the recommendation of the City ~1anager, it vTas moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the protests representing 8.01% of the proposed district be considered insufficient, it being less than 50% of the property fronting on the proposed district and Commission Resolution No. 1650 creating Special Improvement Sprinkling District No. 5 as prepared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 1650 A RESOLUTION OF THE CITY CO~MISSION OF THE CITY OF BOZro.~l, MONTJl~A, CREATING A SPECIAL IMPROVEMENT SPRINKLINn DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 5 OF THE CITY OF BOZE1'!A.N FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIA- TIVE UPON PARTS AND PORTIONS OF NORTH SEVENTH AVENUE IN THE CITY OF BOZEMAN. The motion was carried by the following ~ve and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Taylor, and ~1ayor Sedivy; those voting No, none. Ji~~r~.!!!L.9_9.!f1Illission Resolution No. 161~3--Intent to Create SprinklilYi...Qi?trict l.Jo. 6 This was the time and place set in Commission Resolution No. 1643 to hear protests to the crea- tion of Special Improvement District No. 6 for the purpose of sprinkling water, oil, salt or any dust palliative upon parts and portions of the City's ~~ain Stre:!t. Affidavit of publication of Notice and the Clerks mailing Certificate stating that all property owners had been notified as required by law were presented. The City Engineer presented protests filed with the Clerk of the Commission repre- senting 2.65% of the proposed district. Several property owners protesting the creation of a portion of the sprinkling district were also present to discuss the protests. I Following a discussion and in concurrence with the recommendation of the City ~1anager, it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the protests representing 2.65% of the proposed district be considered insufficient, it being less than 50% of the property fronting on the proposed district and Commission Resolution No. 1651 creating Special Imnrovement Sprinkling District No.6 as prepared by the City Attorney was presented, entitled: CDr1MISSION RESOLUTION NO. 1651 A RESOLUTION OF THE CITY Cor~ISSION OF THE CITY OF BOZ~Ulli, MONTANA, CREATING A SPECIAL Ir@Rovm.ffiNT SPRINKLING DISTRICT TO BE KNOWN 70 AS SPECIAL IMPROVEMENT SPRINKLING DISTRICT NO. 6 OF THE CITY OF BOZE!.1AN FOR THE PURPOSE OF SPRINKLING WATER, OIL, SAJJT OR ANY DUST OR OTHER SUCH PALLIATIVE UPON PARTS AND PORTIONS OF ~mIN STREET IN THE CITY OF BOZEMAN. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and r~ayor Sedivy; those I voting No, none. !I~~rj.ng CC!rnmission ResolutioE No ~_164~- IIlten_t to Create Sprinkling District No. I This was the time and place set in Commission Resolution No. 1644 to hear protests to the crea- tion of Special Improvement District No.7 for the purpose of sprinkling water, oil, salt or any dust palliative upon parts and portions of East and Hest Mendenhall, North Wallace Avenue, North Black Avenue, North Church Avenue, North Rouse Avenue, North Bozeman Avenue, North Grand Avenue, North Third Avenue, North Fifth Avenue, North Hillson Avenue, North Tracy Avenue, I'lest Beall Street, and I'lest Lamme Street. Affidavit of publication of Notice and the Clerks rlailing Certificate staUng that all property owners had been notified as required by lav1 were presented. The Cit~r Engineer presented pro.. tests filed with the Clerk of the Commission representing .31% of the proposed district. Several property owners protesting the creat1.on of a portion of the Sprinkling district were also present to discuss the protests. Following a discussion and in concurrence with the recommendation of the City Nanager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the protests representing .31% of the proposed district be considered in sufficient, it being less than 50% of the property front- ing on the proposed district and Commission Resolution No. 1652 creating Special Improvement Sprink- I ling District No. 7 as prepared by the Ci t:r Attorney was presented, entitled: COMT'IfISSION RESOLUTION NO. 1652 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, HmrTANJ\, CREATING A SPECIAL nWROVEHENT SPRINKLING DISTPICT TO BE KNOHN AS SPECIAL HPROVEMENT SPRINKLING DISTRICT NO. 7 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF SPRINKLING WATER, OIL, SALT OR ANY DUST PALLIA- TIVE UPON PARTS AND PORTIONS OF EAST AND vffiST MENDENHALL, NORTH IvALLACE AVENUE, NORTH BLACK AVENUE, NORTH CmrnCH AVEl'nJE, NORTH ROUSE AVENUE, NORTH BOZEHAN AVENUE, NORTH GRAND AVENUE, NORTH THIRD AVENUE, NORTH FIFTH AVENUE, NORTH HILLSON AVE1ITJE, NORTH TRACY AVElnJE, vlEST BFALL STREET, AND HEST J..AMME STREET IN THE CITY OF BOZEMAN. The motion was carried by the following Aye and No vote: those voting A,ye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vandeventer, Comm.:i"ssioner Vollmer, and Hayor Sedivy; those voting No, none. He~ri1!g, Commi~~ion Resolution No. 1645 -- Intent to Create STlrinl~_Hng District No. 8 This was the time and place set in Commission Resolution No. 1645 to hear protests to the crea- tion of Special Improvement District No. 8 for the Tlurpose of sprinklinp, water, oil, salt or any dust palliati ve upon parts and portions of East and Hest Babcock Streets, South Wallace Avenue, South Church Avenue, 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 vTillson I Avenue, South Grand Avenue, and East and West Olive Streets in the Cit:' of Bozeman. Affidavit of publication of Notice and the Clerks mailing Certificate stating that all property oivners had been notified as required by law were presented. The City Engineer presented protests filed with the Clerk of the Commission representing .78% of the proposed district. Several property owners protesting the creation of a portion of the sprinkling district were also present to discuss the protests. 71 Following a discussion and in concurrence with the recommendation of the Ci t~r '1p.,nager, it vas moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the protests representing .78% of the proposed district be considered insufficient, it being less than 50% of the property front- ing on the proposed district and Commission Resolution No. 1653 creating Special Imnrovement District I No. 8 as prepared by the City Attorney was presented, entitled: COHMISSION RESOLUTION NO. 1653 A RESOLUTION OF THE CITY COt~1ISSION OF THE CITY O? BOZEMAN, J10NTANA, CREATING A SPECIAL IHPROVEJ.1ENT SPRINKLING DISTRICT TO BE KJJOHN AS SPECIAL DWROVErmNT SPRINKLING DISTRICT NO. 8 OF' THE CITY OF BOZEI1AN FOR THE PURPOSE OF SPRINKLING HATER, OIL, SALT OR ANY DUr.T PAJ...LIJ\- TIVE UPON PARTS AND PORTIONS OF EAST AJID ';-lEST BABCOCK STREETS, SOUTH ';-TALLACE AVENUE, SOUTH CHURCH AVElnJE, SOUTH ROUSE AVENUE, SOUTH BOZE- MAN AVENUE. SOUTH THIRD AVENUE, SOUTH FIFTH AVENUE, r.OUTH SEVEN'l'H AVENUE, SOUTH EIGHTH AVENUE, SOUTH BLACK AVENUE, SOUTH TRACY P.\mNtJE, SOUTH WILLSON AVENUE, SOUTH GRAIID AVEnUE, AND EAST AND 1mST OLIVE STREETS IN THE CITY OF BOZEHA.N. The motion was carried by the following Aye and no vote: those voting P~re being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, Commissioner Vandeventer, and '~ayor Grabov7; those voting No, none. !i.~.!ir:iJ:11LQ9ll1!!lif?~~on Resolution No. 1646 - Intent to Create Sprinkling District No. .2. This was the time and place set in Commission Resolution No. 1646 to hear protests to the creation of Special Improvement District No. 9 for the purpose of sprinkling water, oil, salt or any dust pal- North Eighth, North Ninth, North Tenth and North Eleventh Avenues. liative upon parts and portions of vTest Mendenhall Street, Affidavit of pub1ica.tion of Notice and the Clerks mailing Certificate stating that all property Olmers had been notified as required by la"7 vere I presented. The City Engineer presented protests filed l7ith the Clerk of the Commission representing .00% of the proposed district. Several property owners protesting the creation of a portion of the sprinkling di.strict were also present to discuss the protests. Following a discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the protests representing DO% of the proposed district be considered insufficient, it being less than 50% of the flronerty fronting on the ." .," '- '" . proposed district and Commission Resolution No. 1654 creating Special Improvement Sprinkling District No.9 as prepared by the City Attorney was presented, entitled: COH~lISSION RESOLUTION NO. 1651~ A RESOLUTION OF THE CITY COMHISSION OF THE CITY OF BOZErWi, MONTANJ\., CREATING A SPECIAL U1PROVEMENT SPRINKLING DISTRICT TO BE KNOHN AS SPECIAL IHPROm,ffiNT SPRINKLING DISTRICT NO. 9 OF THE CITY OF BOZEJ1AN FOR THE PURPOSE OF SPRINKJ4um HATER, OIL, SALT OR ANY DUST PALLIA..- TIVE UPON PA...RTS AND PORTIONS OF ';-lEST J"ENDENHALL STREET FROM NORTH SEVENTH AVENUE TO NORTH ELEVENTH AVENUE, NORTH EIGHTH, NORTH NINTH, NORTH TENTH AND NORTH ELEVENTH AVENUES FROH 1.}EST ~.'!AIN STREET TO vTES':!' MENDENHALL STREET, IN THE CITY OF BOZm~lT. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner I Vollmer, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Taylor, and Hayor Sedivy; those H_'3:.l!l:.!~_ Chan~ning Hy-ali tc. Heigh~s Subdivision Fror.J AS t9_.;..PS-:! This was the time and place set for a public hearing to consider the application of Mr. Leroy Spain of the Hyalite Heights Subdivision for a change in zoning for a parcel of land located in Sec- tion 36, T2S, R5E, and platted as Hyalite Heights Subdivision from AS to RS-I. The Hyalite Heights Subdivision having been approved before the Zoning went into affect, the Boze- man City Zoning Commission recommended approval of the request to change the zoning from AS to RS-l. Mr. LeRoy Spain was also present to discuss the area in question. 72 The Citjr Manager concurred in the recommendation of the Bozeman City-Zoning Comm:i.ssion and recom- mended that the Commission act favorably on the reouest for the Zone Chanp:e. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, tha.t they approve the change from AS to RS-l and the motion was carried by the followinp: Ajre and No vote: those voting Aye beinp: Commissioner Vandeventer, Co~~issioner Lehrkind, Commissioner Vollmer, and t1ayor Sedivy; those voting No being Commissioner I Taylor. .,!\uth~ri ty to Purchal?~. Co~~inp;, Anproximately $1,709.00 The ~later Department has need for 500' of 1 1/2" Copper Tubing and 500' of 2" Copper Tubing and the City Manager requested authority to purchase the Copper Tubing at an estimated cost of $1,700.00. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the purcha.se be approved and the motion was carried by the following Aye and No vote: those voting ~ye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. .~~_est to Vacate Pql'_~EE of Cottonwoo<!..E..1?!_~_~ A letter received from Mr. Robert Heath of Holter and Heath in behalf of Eager's Body Shop, Inc., requesting the vacation of a tract of land in the approximate amount of 25 X 30 feet located on East Cottonwood Street was presented. The City Engineer having reviewed the area in question recommended the vacation be denied in view of the following: l. Alignment of existing streets (shown on drawing attached) would be completely destroyed by vacating portion of street in question. Future use of adjacent streets would be destroyed or greatly impaired. I 2. Due to past vacation of Front Street, no North-South access is available through the area in question if streets now platted are not available to be opened if necessary. 3. Letter req~esting vacation states that the vacation is necessa~r for access; however, access from the public street is available and vacation ~Tould not increase or even change the access situation. 4. ft. conditional type use permit for the portion of street in question should serve es.- sentially the same purpose as vacation for the present. Such use permit could be writ- ten for the life of the existing structure with provision to end if development of the street becomes necessary. Following a discussion and in concurrence with the City Engineer also concurred i.n by the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the request to vacate a portion of East Cottonwood Street be denied and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, Comm.issioner Vandeventer, and Mayor Sedivy; those voting No, none. AUi::E2.!'i ty to _ Call for Bi_c:J.s - R~creation Complex~ink1il1L.f~teE. Plans and Specifications for the purpose of installation of the sprinkler irrip,ation system at the Bozeman Recreation Complex as drawn up by Morrison-~iaierle, Inc. was placed before the Commission. In concurrence with the consulting engineers, the City Manager recommended that the plans and speci- fications as presented by approved and that a "Call for Bids" for the installation of the sprinkler I irrigation system at the Bozeman Recreation Complex ~ri th an opening date of 20 March 1971, be authorized. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that they concur in the recommendation of the City Manager and the Clerk of the Commission be authorized and directed to uublish . a "Call for Bids" with an opening date of 20 March 1974 and the motion was carried by the followinp; A:ve and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Taylor, and ~layor Sedivy; those voting No, none. 73 P!:.<?cl_~~tion - "Bill Koller Day" - 27 Februar'J 1974 Mayor Sedivy proclaimed 27 February 1974 as "Bill Koller Da~'" and encourage all citizens of the community to recognize the character and achievement of this outstanding man by participating in the testimonial dinner and other activities being held throughout the community in his honor. It was I moved. by Commissioner Vandeventer, seconded by Commissioner Taylor, that they endorse the r1ayor's proclamation as presented and the motion was carried by the following Aye and. No vote: those voti.ng Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and. Mayor Sedivy; those voting No, none. ~icense Bond - George Miller, Plumber - $5,000.00 In compliance with Chapter 16 of the Bozeman Hunicipal Code, the Pl1ll"lber's License Bond issued by Reliance Insurance Company on behalf of George C. ?~iller in the amount of $5,000.00 was presented. The Building Inspector had recommended that the bond be approved and the City Attorney approved the bond as to form. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Plumber's License Bond be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vandeventer, COTrmi.ssioner Vollmer, and Mayor Sedivy; those voting No, none. B.e.E..o rt_s..L The following reports were presented: Director of Finance Water Collector Cemetery I The City Manager commented on the reports and recommended approval thereof. It was moved by Com-- missioner Lehrkind, seconded by Commissioner Vollmer, that the reports be apnroved and ordered filed and the motion was carried by the following Aye and No vote: those voting A~e being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. fI-.9-J2_t.!.:r..I1!Il..ent There being no further business to come before the Commission at this time, it was moved by Com- missioner Vollmer, seconded by Commissioner Vandeventer, that the meeting be ad,10urned and the motion was carried by the following Aye and No yote: those voting A3'e being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Taylor, and r1ayor Sedivy; those voting No, none. ~ dP%- / .. _._C--...,-...--.... . ,--r // -,.. ",,'" ~:.-,. ,." . ,....".::>'. ~/""" /" c'0-;f--"--::;';'&,;%-.~ ""< /.. .-k//0~;:f-"'--":Vr /'_ EDMUND P .- SEDIVY,-._t,"R. ,_/f~a~~ ~-- Attest :./-) / / t:.:.f~d_'-. /</0;;'1-~~ I E~RN~ HARDfNG ~-U------ Clerk of the City Commission t..... \-,;