HomeMy WebLinkAbout1974-06-05
12G
Bo~eman, Montana
5 June 1974
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 5 June 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commiss-
ioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City Manager Fryslie, Ass't. City
Manager Keyes, Acting City Attorney Morgan and the Clerk.
Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had.
Minutes of the regular meeting held on 29 May 1974 were approve as read. I
Q.E.en Bids - Walks and Curbs
. -
This was the time and place set for opening bids for the repairing and reconstruction of miscell-
aneous sidewalks and curbs. Affidavit of publication of "Notice to Bidders" was presented and it was
moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the bids be opened and read
and the motion was carrie d 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.
The following bids were then opened and read:
Binder Construction Company, Bozeman $20,104.50
Johnston Construction Company, Bozeman 22,695.22
Taylor Construction Company, Bozeman 20,762.70
The Commission concurred with the recommendation of the City Manager and it was moved by Commiss-
ioner Vandeventer, seconded by Commissioner Taylor, that the bids be referred to the City Engineers for
final tabulation, consideration and recommendation on 12 June 1974 and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Comm-
issioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none.
Open Bids, Construction of SID No. 530, 535, 536, 537, 538, 542 and 543; Paving & Storm Drainage
This 'Nas the time and place set for opening bids for paving and storm drainage for SID No. 530
North 21st Avenue from Beall Street to Durston Road, SID No. 535 West Hemlock Street Seventh to Fifth
Avenue, SID No. 536 West Oak Street Seventh to Fifth Avenue, SID No. 537 Kagy Blvd Seventh to Eleventh
Avenue, SID No. 538 South Eleventh Avenue, Kagy to Lincoln Road, SID No. 542 Olive Street-Tenth to
Eleventh Avenue, SIn 543 Villard Street North Willson to North Tracy Avenue. Affidavit of publication of
"Notice to Bidders" was presented. It was moved by Commissioner Taylor. seconded by Commissioner Lehr- I
kind, that the bids be opened and read and the motion was carried by the following Aye and No vote:
those vo ting A'ft. being Commissioner Taylor, Commissioner Lehrkind, Commiss ioner Vollmer, Commiss ioner
Vandeventer and Mayor Sedivy; those voting No, none.
The following bids were then opened and read:
Bozeman Sand and Gravel, Bozeman $q.26,875.35
Long Construction Company, Billings Lf4lf, 055.40
The Commission concurred with the recommendation of the City Manager and it was moved by Commiss-
ioner Lehrkind, seconded by Commissioner Vollmer, that the bids be referred to the engineers represent-
ing Thomas, Dean and Hoskins, and the City Engineering staff for final tabulation, consideration and
recommendation 12 June 1974 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.
!tearit~~Zotl.e .\rnendment - Animal Shelters in M-l Zone, (b) ZoneAmendment - Ambulance Service R-4 Zone
i.(~1J::-~~~~__Alne nd me n t - Churches i~3-3 Zon(~, (d) Zone Amendment - Fire Stations
This was the time and place set for a public hearing to consider a request from the Gallatin Valley
Humane Society, Inc. , to include veterinary clinic and animal shelters in the M-l Zone as a conditional
use. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that they concur in
the City Managers Recommendation to continue the hearing until they are in receipt of a recommendation
from the Zoning Commission 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. I
This was the time and place set for a public hearing to consider a recommendation of the Bozeman
City Zoning Commission regarding a request from Dean A. Hofman of Lee Ambulance Service to include an
ambulance service in the R-4 Zone as a permitted use. The Zoning Commission recommended to the City
Commission that they amend the provisions of the R-4 Zoning District to include ambulance services
as a permitted use.
Several interested persons were present to discuss the above request and register their protests
as to listing of ambulances as a permitted use in R-4 zones. Dean A. Hofman owner of Lee Ambulance
Service were present to answer any questions that might arise.
127
Following a thorough discussion. it was moved by Commissioner Vandeventer, seconded by Commiss-
ioner Taylor. that they delay action on the above request for a period of one week in order that they
might view the area in question. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Vandeventer. Oommissioner Vollmer, Commissioner Taylor. Commissioner Lehrkind
and Mayor Sedivy; those voting No. none.
This was the time and place set for a public hearing to consider a recommendation from the Zoning
I Commission to consider a zone change to include churches in the B-3 Zone.
The Zoning Commission having reviewed the request recommended to the City Commission that they
approve the application of Grace Baptist Church Building Commission to include churches in the B-3
Zoning District.
The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner
Taylor, seconded by Commissioner Vollmer. that they concur in the recommendation of the Bozeman City
Zoning Commission and amend the provisions of the B~3 Zoning district to include churches. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner
Vollmer. Commissioner Lehrkind. Commissioner Vandeventer; and Mayor Sedivy; those voting No, none.
This was the time and place set for a public hearing to consider an amendment to the Bozeman
Zoning Code to consider the petition of Rae Volunteer Fire Company to allow fire stations to be in-
cluded as a conditional use in a R-3 Zone.
The Bozeman Zoning Commission having reviewed the request recommended that the conditional use
permit be granted and that the Bozeman Zoning Code be amended to include fire stations as a permitted
use in all districts.
The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner
Lehrkind. seconded by Commissioner Vollmer. that they approve the conditional use permit and amend the
Bozeman Zoning Code to include fire stations as a permitted use in all zones affected by the Bozeman
Zoning code. The motion was carried by the following Aye and No vote: those voting Aye being Commiss-
ioner Lehrkind. Commissioner Vollmer. Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy;
those voting No, none.
I Easements - Sanitary Sewer: Tract 2 and 3. Elks Club Property
An Easement and Right of Way Agreement from T.A.P., Inc. and an Easement and Right of Way Agree-
ment from Marvin R. & Judy G. Cowdrey & S.A.C.. Inc. for the purpose of installing. operating, using,
repairing. replacing, maintaining and removing a sanitary sewer thereto upon and across their property
lying within the City of Bozeman. County of Gallatin. State of Montana, and cons~ting of a strip of
land fifteen feet in width was presented.
The City Manager recommended that the City enter into the Agreements approved as to form by the
Acting Ci~y Attorney and it was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer,
that the Easement Agreements be entered into by the City and the Mayor and Clerk 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 Vollmer, Commissioner Vandeventer. Commissioner Taylor,
Commissioner Lehrkind and Mayor Sedivy; those voting No. none.
Request for Abatement of Sidewalk Orders: a) Lots 3, 11, 15, 16 & 17. ~lock~ West Park Manor
b) Lots 15-16. Block E, Tracy's Addition
A letter received from Jeanne Roby of the First National Bank of Bozeman requesting a side\valk
variance on Lots 3. 11. 15. 16 and 17 in Block 2. West Park Manor First Addition was presented.
Following a discussion. it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor,
that based upon the following reasons the request be denied 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.
l. The Sidewalk installation assessments will not be levied until November;
therefore. if the lots that you enumerate are to be sold by the end of
I the summer. the assessment would not be levied until the transfer is made
to new ownership.
2. Many of the residents and property owners along North Twentieth Avenue
have approaced the City quite forcefully to cause sidewalks to be install-
ed the full length of North Twentieth Avenue. and the City Commission
has concluded that their request is justified.
A letter received from H. B. Landoe. Executor of the Estate of Clara Warwood. deceased requesting
a sidewalk construction variance on Lots 15 and 16, Block E, Tracy's Addition was presented.
Following a discussion, it was moved by Commissioner Taylor. seconded by Commissioner Lehrkind,
that they abate the order to replace sidewalks adjacent to Lots 15 and 16. Block E, Tracy's Addition
-.--
128
to the City of Bozeman for a period of one year 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.
Reque~_~__to Variance - Sign Cod~I?ridger Hountain ~~~
A letter received from Bill Hurdock of Bridger Hountain Sports requesting a variance to the sign
code to install a new sign at 1007 West College Street was presented. The sign will 7'9" high, 18'
long and anchored with angle iron to the building. It was moved by Commissioner Lehrkind, seconded I
by Commissioner Vollmer, that the request for a variance to the City of Bozeman Sign Code be approved
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.
Reports
The City Manager commented on the report of the Building Inspector and recommended approval
thereof. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, tha t the report
of the Building Inspector be approved and ordered filed 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.
Execution _?f (2.5?.!:J_J~_c t JJ.ocume1],-~-=--!o.lter~PooL~2n~~ion
The Contract documents for the construction of Bogerts Municipal Swimming Pool including Addendum
No. 1 in the amount of $99,500.00 was presented. It was moved by Commissioner Vollmer, seconded by
Commissioner Vandeventer, that the contract documents of Intermountain Specialty Constructions Co.,
Salt Lake City, Utah, he approved and the Mayor and Clerk of the Commission be authorized and directed
to sign the contract for the City and that Intermountain Specialty construction, Inc. , be authorized
and directed to proceed with the construction of Bogerts Municipal Swimming Pool. 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.
~lic<l !;..:ion fo~K~nne 1. Lice!1se ,-11...09 ~ou th __ Ch'!rch Avenue - Mike Crowell
An application received from Mike Crowell, 1109 South Church Avenue, requesting a kennel license I
in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with
the required fee was presented. The City Manager and the Chief of Police stated they were not aware
of any reason to deny the kennel license and it was moved by Commissioner Vandeventer, seconded by
Commissioner Taylor, that the application be approved and the Director of Finance be instructed and
directed to issue a license in accordance therewith. The motion was carried by the following Aye
and No vote; those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehr-
kind, Commissioner Vollmer and Mayor Sedivy; those voting No, none.
~!.~__J?pn.s~__.Yi:.J1.~ E 1. e c t r i.f-
In compliance with Chapter 15 of the Bozeman Municipal Code, the Electrical License Bond for
Valley Electric in the amount of $5,000.00 was presented. The Building Inspector had approved the
Certi.ficate and the City Attorney approved the bond as to form. It was moved by Commissioner Taylor,
seconded by Commissioner Lehrkind, that the above bond he approved and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Comm-
issioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none.
Leave for r"...iJ:.LManager} 13 June to 2? June - Hi Ii tary Lc;_ave
The City Manager requested that he be granted leave of absence from 14-29 June 1974 for the pur=
pose of attending National Guard Camp and that Asslt. City Manager Keyes be designated to perform the
duties of the City Manager during this period. It was moved by Commissioner Lehrkind, seconded by
Commissioner Vollmer, that the above request be granted and that Ass't City Manager Keyes be designated
as Acting City Manager during this period and the motion was carried by the following Aye and No vote:
Those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Comm- I
issioner Taylor and Mayor Sedivy; those voting No, none.
Au Lhori_ze ..,:t\b?€1_1Ce of Co_mmissioner Taylor ,R2~me 19 7 {~
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that in compliance
with Section 11-3245, R.C .M. , 19{~ 7 , the absence of Commissioner Taylor from the meeting of 12 June
1974 be authorized and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Sedivy; those voting
No, none.
12~)
CLA IMS :
Claim No's 07464 thru 07614 and 18090 thru 18289 inclusive were presentd:
Band $ 2.03 Police Reserve $ 4,311.53
Cemetery 3,515.71 SDS 2,222.38
Cemetery Suspense 360.00 SID's 13,931.75
Garbage 4,585.63 Street 5,135.85
General $12,652.67 Water 31,233.85
I Library 984.41 Recreation Complex 11+,316.66
Park 2,166.76 Revenue Sharing 5,355.00
Parking Meter 281.19 Swimming Pool 6,33lt.28
PERS 2, 65ft. 81 Park Construction 9.46
Planning Board 17.33 Municipal Building 82.38
Total $110,153.68
The City Manager had checked the claims and found them to be true and lawful claims against
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 Vandeventer, seconded by Commissioner Taylor,
that the claims be approved and the motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Vollmer, Commissioner Lehrkind
and Mayor Sedivy; those voting No, none.
Ad -journment
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 motion
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.
~)
.-
, -
.....-//
" /
I ATTEST:
. y'~~
,,~,....~. ,'f ........", i
E~~7~~--~;~G ~,. ,,' -c;r
Clerk of the City Commission
I