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Home My WebLink About1974-08-14 173 Rozeman, Montana 14 August 1974 The Commission of the City of Bozeman met in regular sesmon in the Commission Room, Municipal Building, 14 August 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy. Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, I City Manager Fryslie. Assistant 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, 7 August, were approved as corrected. Minutes of the special meeting held on Monday, 12 August, were approved as read. Hearing - Resolution No. 1690~Intent to Create ~ID No. 545, Ice Pond Road Resolution No. l695-Creating Sanitary Sewer This was the time and place set in Commission Resolution No. 1690 to hear protests to the creation of Special Improvement District No. 545. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law. were presented. There were no protests filed and no one appeared to protest verbally. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer. that Commission Resolution No. 1695. ent it led: COMMISSION RESOLUTION 1695 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE~ MENT DISTRICT NO. 545 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LINE TO SERVE A PORTION OF THE BOZEMAN CREEK ANNEXA~ I TION 'ID THE CITY OF BOZEMAN. MONTANA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT INCH SANITARY SEWER AND NECESSARY APPURTENANCES ALONG THE NORTH LINE OF TRACTS 5B. 5C, 50, 5E, AND 5F AND SAID LINE EX- TENDED WESTERLY TO THE EXISTING SANITARY SEWER IN TRACT 5, ALL IN THE BOZEMAN CREEK ANNEXATION TO BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECESSARY WYES, AND OTHER NECESSARY APPURTENANCES. as pre~ared 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 Van~ deventer. Commissioner Taylor, Commissioner Lehrkind, and Mayor Sedivy; those voting No, none. Hpa'l"ing - Resolution No. l689-Intent to ~eate SID NO. 546, Th'rston ~oarl Storm Drainage This was the time and place set in Commission Resolution No. 1689 to hear protests to the creation of Special Improvement District No. 546. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law, were presented. The City Manager presented protests filed with the Clerk of the City Commission and signed by owners of property represent~ng 36.67% of the proposed district as determined by the City Engineer. Several property owners were present to affirm the written protests to the creation of Special Improvement District 546. Many of the protestors. while objecting to this district, indicated that they would have a positive reaction to a proposed district with re~ I aligned boundaries and other considerations. Following a discussion, it was moved by Commissioner Vandeventer. seconded by Commissioner Taylor, that they c16se the hearing. but delay action on Commission Resolution No. 1689, SID No. 546. for further study and consideration of all the opinions expressed 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. - ~ - 1711 Hearing ~ Resolution No. l692~Assess Street Li~hting $20.829.38. Final Passa~e This was the time and place set for hearing on levying assessment for the Street Lighting for the year 1974 in the amount of $20,829.38. Affidavit of publication of Notice was presented. No one appeared to protest and no written protests having been filed. Commission Resolution No. 1692, provisionally passed and adopted at the regular session held on 7 August. was presented for final passage. In concurrence with the recommendation of the City Manager, it was moved by I Commissioner Taylor, seconded by Commissioner Lehrkind, that the resolution be finally 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 - COmmission Resolution No. l693-Assess Street SprinkliUR $16.101.53. Final Passage This was the time and place set for the public hearing on levying assessment for Street Sprinkling and Cleaning for the year 1974 in the amount of $16,101.53. Affidavit of publication of Notice was presented. No one appeared to protest and no written protests having been filed. COmmission Resolution No. 1693, provisionally passed and adopted at the regular session held on 7 August, was presented for final passage. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the res- olution be finally passed and adopted 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. Hear ing ~ Story Hills Area Zoning Changes I This was the time and place set for a public hearing to consider the application of Rick Mayfield for a zoning change from AS zoning to R-l, R-2. RS-5, B-1. and B-2 in a portion of Section 2. all of Section 3, and portions of Section 4 and 5. Township 2 South, Range 6 East. M. P. M., and known as "Story Hills". Development Planners Overturf. Strand. & Associates along with owner. Richard L. Cox. were present to show slides of the proposed development and answer any questions that might arise. The Bozeman Zoning Commission, having reviewed the application. voted to recommend approval of the zoning changes as revised with additional recommendations. Several interested persons were also present in regard to the Zoning Changes. Following an extensive discussion, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they continue the hearing until they have viewed the area and studied the application before making a decision on the proposed zone changes. 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. I Plans and Specifications - City Shop Building. Authorization to Call for Bids to be opened 11 September 1974 plans and specifications for the construction of the City Shop Building, as prepared by William Grabow of Berg, Grabow. and Associates, was placed before the Commission. The City Manager recommended that the plans and specifications. as presented, be approved and that "Call for Bids" for the construction of the Bozeman City Shops be authorized with an opening date of 11 September 1974. It was moved by Commissioner Lehrkind. seconded by Commissioner . .. ..- 175 Vollmer. that they concur in the recommendation of the City Manager and authorize and direct the Clerk of the Commission to publish a "Call for Bids" with an opening date of 11 September 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. I Appropriation Ordinance No. 949-Final Adoption-Fiscal Year 1974-1975 The affidavit of publication of the annual Appropriation Ordinance for the fiscal year ending 30 June 1975. was presented with Appropriation Ordinance No. 949, entitled: ORDINANCE NO. 949 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND IN ACCORDANCE WITH BUDGETARY REQUIREMENTS FOR MAINTENANCE ETC., OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BOZEMAN, MONTANA, FOR THE FISCAL YEAR ENDING 30 JUNE 1975. The City Manager stated that he knew no reason to suggest a change in the Ordinance since it had been provisionally passed the 17th day of July 1974, and a public hearing held on 7 August 1974, and therefore recommended final adoption thereof. It was moved by Commissioner Vollmer, seconded by COmmissioner Vandeventer, that Appropriation Ordinance No. 949 be finally 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. Zoning Change ~ Stacy Hamm This was the time and place set for a public hearing to consider the application of Stacy I Hamm for a conditional use permit to expand a residence in an M-l Zone. said residence being located at 713 East Cottonwood Street. 1he Bozeman City Zoning Commission, having reviewed the application. recommended approval thereof. Following a discussion. the City Manager in concurrence with the recommendation of the Bozeman City Zoning Commission recommended approval of the application for the expansion of a non-conforming use permit. It was moved by Commissioner Lehrkind. seconded by Commissioner Vollmer, that they approve the application and direct the planning staff to draw up an ordinance to amend the zoning code 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. Gambling Re~ulations The proposed Gambling Regulations. having been tabled for further study and investigation. was removed from the table and presented for a final decision. Having completed their study and following a thorough discussion, the Commission concurred in the recommendation of the City Manager and it was moved by Commissioner Vollmer. seconded I by COmmissioner Vandeventer. that they approve the Gambling Regulations with the few minor cor- d/ rections and additions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor, Corrnnissioner Lehrkind, and Mayor Sedivy; those voting No, none. The City Commission concurred with the City Attorney that the Regulations not be implemented until they have been put in ordinance form. Petition for Water Lines - Sour Dou~h Road A letter received from Alfred Abelin, along with a petition signed by eleven residents 17G and land owners of the Sour Dough Area requesting creation of a special improvement district for the installation of water on Sour Dough Road. was presented. It was moved by Commissioner Vandeventer. seconded by Commissioner Taylor, that the City Engineer and the City Attorney be instructed to prepare a resolution initiating a Special Improvement District for the installation of water on Sour Dough Road. known and designated as the Bozeman Creek Annexation, and the motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer. and Mayor Sedivy; those voting No. none. Acceptance o~ E.P.A. Grant Of~e'" - r.300208 - Sewage Works Improvements A letter received from the Uhited States Env~ronmental Protection Agency advising the Commission that the application for Federal Grant Funds, under the provisions of the Federal Water Pollution Control Act Amendments of 1972, in the amount of $21,000.00. had been approved, was presented. The $21.000.00 is 75 percent of the estimated eligible project costs shown in Part II of the Grant Agreement. Following a discussion. it was moved by Commissioner Taylor. seconded by Commissioner Lehrkind, that they accept the Environmental Protection Agency's Grant Offer - C300208 - for step one and direct the Mayor to sign for the City of Bozeman, 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. Authority to Call for Bids - Convert 2~ Ton Truck to Fire Truck. ~ening 4 September I The City Manager requested authorization to "Call for Bids" to convert a 2\ ton (6 x 6) Army Truck into a fire truck. It was moved by Commissioner Lehrkind. seconded by Commissioner Vollmer, that they authorize the conversion of the 2\ ton Army Truck and direct the Clerk of the Commission to issue a "Call for Bids" for the purpose of altering or remodeling the truck into a fire truck to be opened 4 September 1974. The motion was carried bYctbe, following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commis- sioner Taylor, and Mayor Sedivy; those voting No. none. Authority to Conduct Parade - A1 Bedoo Shrine Temple - 12 October 1974 A request from Al Bedoo Shrine Temple for permission to conduct a parade in conjunction with the Cermonial on Saturday. 12 October 1974, at 11:00 a.m., was presented. The parade would form at the Bozeman Senior High School and proceed east on Main Street to ChUDCb Avenue. It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that they grant permission to Al Bedoo Shrine Temple to conduct the parade as stated above. 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 I voting No. none. Purchase Pickup Truck - Park Department The Park Department has need for a one-half ton pickup and the City Manager requested authorization to purchase a 1974 GMC one-half ton pickup truck from Robert F. Dye. Inc. . Bozeman, at an estimated cost of $3,589.52. --'-'A<_........~_a.-_._-"'- __...~~_.__~__~ _---"-"" .....-......_A-_ 177 It was moved by COmmissioner Vandeventer, seconded by Commissioner Taylor, that the purchase be authorized as a 1974-1975 budget item 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. Adjournment I There being no further business to be brought before the Commission at this time. it was moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that the meeting be adjourned. 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. ATTEST: {;: /~L "dftd/ '. de -h',t' ERNA V. HARDING / Clerk of the City Commission I I