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HomeMy WebLinkAbout1974-05-08 ~. 114 BOZEMAN. MONTANA 8 May 1974 The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building. 7 May 1974. at 1:15 o'clock p.m. Present were Mayor Sedivy. Commissioner Vollmer. Commiss- ioner Vandeventer. Commissioner Taylor. Commissioner Lehrkind. City Manager Fryslie, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday. 1 May 1974 were approved as read. I Open Bids ~ Sign Post Material: This was the time and place set for opening bids for the purchase of various signing material to fabricate new signs and for the purchase of 400 twelve foot outside diameter posts to be used to in- stall various signs within the business district of Bozeman to be paid for from Gas Tax funds. Affi- davit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer. that the bids filed with the Clerk of the Commission be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No. none. The following bids were then opened and read: Pacific Hide & Fur. Bozeman $4.568.00 Vulcan Signs. Foley, Alabama 3.792.00 It was moved by Commissioner Vandeventer. seconded by Commissioner Taylor. that the bids be re- ferred to the Ass't City Manager for tabulation. study and recommendation to be made to the Commission at their next meeting on Wednesday. 15 May 1974. The motion was carried by the following Aye and No vo te: those voting Aye being Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind. Commissioner Vollmer and Mayor Sedivy; those voting No. none. Open Bids - Si~n Blank_and Face Material: This was the time and place set for opening bids for the purchase of various signing material and aluminum blanks to fabricate new signs to be installed within the Business district of Bozeman and to be paid out of Gas Tax funds. HB42-436. Affidavit of publication of "Notice to Bidders" was presented. I It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that the bids filed with the Clerk of the Commission be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner Lehkkind. Commissioner Vollmer. Comm- issioner Vandeventer and Mayor Sedivy; those voting No. none. The following bids were then opened and read: Hall Sign. Inc.. Bloomington, Ind. #1 $1.820.50 #2 131. 25 Kaiser Aluminum. Oakland. Calif. #1 1.479.50 #2 113.75 Pacemaker Industries, Spokane. Wash.#l 1.578.50 #2 129.50 Traffic Safety Supply. Portland. Or.#l 1.622.50 #2 135.10 Vulcan Signs. Foley. Ala. #1 1,683.00 #2 120.75 The Commission concurred with the recommendation of the City Manager and it was moved by Comm- issioner Lehrkind. seconded by Commissioner Vollmer. that the bids be referred to the Assistant City Manager for tabulation. study and recommendation to be made to the Commission at their next meeting. 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. Hearing, Comm. Resolution No. 1662, Intent to Create SILD No. 540, Willson Avenue, Olive St. to Cleveland Comm. Resolution No. 1672, Creating SILD No. 5tl-0 This was the time and place set in Commission Resolution No. 1662 to hear the protests to the I creation of Special Improvement Lighting District No. 540. Affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law were presented. The City Manager presented a written protest filed with the Clerk of the Commission by Catherine Fields representing .98% of property effected (this protest was subsequently withdrawn). Following disoussion and in concurrence with the recommendation of the City Manager. it was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that the protest having been withdrawn Commission Resolution No. 1672 creating Special Improvement Lighting District No. 540. entitled: 115 COMMISSION RESOLUTION NO. 1672 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 540 0 F THE CITY OF BOZEMAN FOR THE PURPOSE OF OPERATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT SOUTH WILLSON AVENUE BETWEEN WEST OLIVE STREET AND WEST CLEVELAND STREET, AND TO LIGHT WEST CLEVELAND STREET BETWEEN SOUTH WILLSON AVENUE AND SOUTH SIXTH AVENUE, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMANCE WITH SECTION 11-2245 TO 11~2257, INCLUSIVE, I OF THE REVISED CODES OF MONTANA, 1947. 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 Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Hearing, _Resolution No. 1663, Intent to Creat SILO No. 541, Willson Avenue - Babcock Street to Olive St. Delayed one week: This was the time and place set in Commission Resolution No. 1663 to hear protests to the creation of Special Improvement Lighting District No. 541. Affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law were presented. The City Manager presented written protests filed with the Clerk of the Commission representing 26 2/3 of the proposed district. Mr. Green was also present to discuss the protests. Following a discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the hearing be closed but no further action taken for a period of one week to consider the protests of Mr. Green and Mr. Farmer. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeven- ter, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Hearing, Resolution No. 1665, Intent to Create SID 542, Pave olive Street from 10th to 11th Avenue Resolution No. 1674, Creating SID 542: This was the time and place set in Commission Resolution No. 1665 to hear the protests to the creation of Special Improvement District No. 542. Affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law were presented. I The City Manager presented written protests filed with the Clerk of the Commission representing 49.87%. Mr. Willmore was present to further clerify his protest. Following discussion and after reviewing the protests and in accordance with Section 11, R.C.M., 1947, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they acknowledge receipt of the protests filed and that Commission Resolution No. 1674 creating Special Improvement District No. 542, entitled: COMMISSION RESOLUTION NO. 1675 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 543 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPRUTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAIN- AGE ON VILLARD STREET BETWEEN NORTH TRACY AVENUE AND NORTH WILLSON AVENUE IN THE CITY OF BOZEMAN, MONTANA. 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 Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Hearing, Resolution No. 1666, Intent to Create SID 543, Pave Villard Street Tracy to Willson Avenue Hearing Closed but Delayed One ~eek: This was the time and place set in Commission Resolution No. 1666 to hear protests to the crea- tion of Special Improvement District No. 543. Affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law were presented. Protests representing 48.80% of the effected districts were presented. I Mr. Gil J. Vieain and Mrs. Violet V. Michel were present to further clerify their protests. After reviewing the protests, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they close the hearing on SID No. 543 but consider creation of the district for a period of one week. 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. Hearing, Request to Re-Zone 91 Acres Northwest of Bozeman from AS to M-l, American Simmental & GB Pro- Properties:, This was the time and place set for a public hearing to consider a recommendation from the 11G Zoning Commission regarding a request from GB Properties and American Simmental Association to change a 91 acre tract of land in Section 35, TIS, R5E, from AS to M-lZone. The Zoning Commission recommended to the City Commission, that they approve the request. It wa pointed out by Mr. Rick Mayfield of the Zoning Commission that there was a split vote at the Zoning Commission hearing with three members voting in favor of the request and two members voting against the reques t. Several members from GB Properties and American Simmental Association were present and explained I there reasons for changing the 91 acre tract of land from AS to M-l Zone. Having discussed the request it was moved by Commissioner Vollmer, seconded by Commissioner Van- deventer, that they thank the members of GB Properties and American Simmental Association for their presentation and table the request to change a 91 acre tract of land in Sec. 35, TIS, R5E, from AS to M-l until they review the recordable covenants. 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. Hearing, Request to Re-Zone Tract 3, Rearrangement Elks Club Property B2 to RO Zone. This was the time and place set for public hearing to consider a recommendation from the Zoning Commission and to hear a request from Marvin Cowdrey to change the zoning classification on a tract of land described as Tract 3 of the Rearrangement of the Elks Club property from B2 to Ro. The Zoning Commission having met and heard the request on 23 April recommended that they deny the request to change the zoning from B2 to RO zone. Mr. Planap of Landoe and Gary law firm was present to discuss the area in question. Following a discussion, the Commission concurred with the recommendation of the Zoning Commission and it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor that they deny the request to change the zoning Classifications on a tract of land described as Tract 3 of the Rearrangement of the Elks Club property. 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. 1676, Creating Bozeman Par~ing Commission, Five member Board: I Commission Resolution No. 1676 for the purpose of creating a parking commission of the City of Bozeman under and pursuant to Chapter 37 of Title II of R.C.M., 1947, as prepared by the City Atto- rney was presented, entitled: COMMISSION RESOLUTION NO. 1676 A RESOLUTION OF THE COMMISS ION OF TIlE CITY OF BOZEMAN, MONTANA, DECLARING TIlAT TdERE IS A NEED FOR A PARKING COMMISSION TO FUNCTION IN TIlE CITY OF BOZEMAN, CREATING THE SAME, SPECIFYING THE AREAS WITHIN THE CITY AND THE PROJECT OVER WHICH THE COMMISSION WILL HAVE JURISDICTION AND CONTROL. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that Commission Reso- lution No. 1676 be passed and adopted and the motion was carried by the following Aye and No vote: thoae voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vandeventer, Comm- issioner Vollmer and Mayor Sedivy; those voting No, none. Authority to Erect Street Banners Across Main Street - Lions Club, 19 June to 1 ~uly 1974: A letter received from the Lions Club requesting permission to erect a banner across each end of Main Street and on North Seventh Avenue from 19 June to 1 July 1974 was presented. The Commiss- ion concurred in the City Managers recommendation and it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that their request to place the three banners across Main Street and North Seventh Avenue be approved and the permit fee waived contingent upon meeting the requirements of the Bozeman Sign Code with the understanding that the sign be removed as stated above and the motion was carried by the following Aye and No vote: those votingAye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Sale of 1.6 Acres from SE 1/4 Section, T35, R5E , MPM. , l' tan ley L. Clark I The City Manager presented a bid from Stanley L. Clark in the amount of $2,500.00 for the pur- chase of a tract of land in the Southeast Quarter of Sec. 1,T3S, R5E, MPM., said tract containing 1.636 acres and belonging to the City of Bozeman. The Commission concurred in the recommendation of the City Manager that the City accept the sale of the above land and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that they approve the sale of the 1.636 acres belonging to the City and that the Mayor and Clerk of the Commission be instructed and directed to sign the Warranty Deed for the City of Bozeman and 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. 117 Reports: The following reports were presented: Fire Chief Building Inspector police Judge The City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that they approve the reports and order I them filed. The motion was carried by the following Aye and No vote: t hose voting Aye being Comm- issioner Vandeventer, Commissioner Vollmer, Commissioner Taylor, Commissioner Lehrknd and Mayor Sedivy; those voting No, none. 1974 Walk and Curb Program: The City Engineering staff completed their survey of Walks and Curbs within the City of Bozeman and recommendations for repair and/or installation for the year 1974. The Commission concurred with the recommendation of the City Manager and it was moved by Comm- issioner Taylor, seconded by Commissioner Lehrkind, that the City Engineering Staff's recommendation for repair and/or installation of Walks and Curbs within the City of Bozeman for 1974 be approved 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. Sidewalk Variance - West Beall Street, 15th Avenue to Legion Housing, 10' to 5' Sidewalk at this time. A letter received from Dan Ardesson of 1522 West Beall Street requesting a sidewalk variance from 10' to 5' on Beall Street from 15th Avenue West to and adjoining the Legion Housing was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they concur with the City Managers recommendation and approve the sidewalk variance at this time from 10' to 5' on West Beall Street from 15th Avenue west to am adjoining the Legion Housing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy. Commissioner Taylor abstained. Claims: I Claim No's 07319 thru 07455 and 17898 thru 18089 inclusive were presented. The City Manager checked the claims and found them to be true and lawful claims against the City of Bozeman and re- commended the following claims be approved and the Director of Finance be directed to issue warrants in payment. Band $ 2.93 Planning Board $ 4.33 Cemetery 672. 79 Police Reserve 3,824.73 Cemetery Suspense 480.00 SDS 77,818.97 Garbage 5,554.09 SID's 52,369.54 General 12,402.21 Street 17,050.61 Library 1,248.22 Water 42,588.68 Park 1,970.33 Rec. Constru. 2,032.21 Parking Meter 15,191. 76 Revenue Sharing 2,103.75 PERS 2,699.72 S. Pool 165.25 $238,180.12 It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, tha t the claims be approved and 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. Ad iournan ent: 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 Vande- venter, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none. ..~4 ATTEST: J:~1 he -~_. / ERNA V. HA lNG, Clerk of the City Commission