HomeMy WebLinkAbout1975-10-01
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Bozeman, Montana
1 October 1975
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 1 October 1975, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer,
Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Acting City Manager Wolf,
City Attorney Berg and the Clerk.
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Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had.
Minutes of the regular meeting held on Wednesday, 24 September 1975, were approved as read.
Confirmation of Officer Morris McLees as Regular Policeman effective 1 October
The Police Chief reported that Police Officer Morris McLees had satisfactorily completed the
required one-year probationary period and recommended that Police Officer McLees be confirmed as
a regular officer of the Police Department effective 1 October 1975. The Acting City Manager con-
curred in the recommendation of the Police Chief and it was moved by Commissioner Vollmer,
seconded by Commissioner Vandeventer, that the confirmation of Police Officer Morris McLees be
approved and he be congratulated upon completing the one-year probationary period. 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.
Consideration of Police Car Bids: Five Police Cars
The Commission was referred to the opening of bids on 24 September for the purchase of
five (5) 1976 Police cars to be used by the Police Department.
The bids having been tabulated and analyzed the Chief of Police recommended that the bid of
Rolfe & Wood Inc., be accepted on the basis of their bid in the amount of $18,518.25 with the
trade-in's, it being the lowest bid and equaling or exceeding the specifications as contained in
the "Call for Bids."
The Acting City Manager, having concurred in the recommendation of the Chief of Police and
the City Staff recommended that the purchase be authorized.
It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the purchase
of five sedans (two with air and three without air) be awarded to Rolfe & Wood Inc., on the
basis of their bid in the amount of $18,518.25 with the trade-in's 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.
Hearing, Commission Resolution No. 1755 - Est. Assessment SID No. 547, $70,000.00, for Final
Passage - Trunk Storm Drain, Durston Road, 11th to 18th
This was the time and place set for public hearing on levying the estimated assessment for
Trunk Storm Drain construction on Durston Road from 11th to 18th Avenue, SID No. 547 in the
amount of $70,000.00. Affidavit of publication of Notice was presented. No one appeared to
protest verbally, and there being no protests on file, it was moved by Commissioner Taylor,
seconded by Commissioner Lehrkind, that Commission Resolution No. 1755 provisionally passed and
adopted on 24 September be finally passed. 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 Resolut i_on No. 1754 - Estimated Assessment SID No. 553, $100,000.00, for
Final Passage - Storm Drain, Langohr Ave., & Portion Westridge Dr., Figgins Addn.
This was the time and place set for public hearing on levying the estimated assessment for
Storm Drain construction on Langohr Avenue and a portion of Westridge Drive, Figgins Addition,
SID No. 553, in the amount of $100,000.00. Affidavit of publication of Notice was presented. No
one appeared to protest verbally, and there were no protests on file. Following investigation
of the R.C.M., 1947, the City Attorney recommended that the City Commission finally pass Commission
Resolution No. 1754 estimating the assessment on SID No. 553.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that Commission
Resolution No. 1754 provisionally passed and adopted on 24 September be finally passed, 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.
Request for Data Processing Equipment
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Commission
delay action on the purchase and installation of a Data Processing System in the City of Bozeman
for another week for further study. 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.
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Request for Conditional Use Permit - a) Rudy HagQr - 908 W. Main St.
h) Jack Sievert - 125 No. Wallace
(a) This was the time and place set for a public hearing to consider the request of Rudy
Hager for a Conditional Use Permit for the purpose of remodeling of the existing Hager Body Shop
Building for use as a Sherwin Williams paint store. The building is located at 908 West Main
Street across from the Safeway Supermarket and is in a B-2 (Community Highway Business District.)
Having reviewed the staff report and having listened to public testimony, the Zoning Com-
mission considered the desire of the application to have five parking spaces which would front on
Main Street in violation of zoning requirements and creating a hazardous situation since reverse
maneuvering on Main Street would be involved and, therefore, recommended denial of the request to
the City Commission.
Following an extensive discussion, the public hearing was closed and it was moved by Com-
missioner Lehrkind, seconded by Commissioner Vollmer, that the Commission delay action on the
request for a conditional use permit for a period of one week for the purpose of an on-the-site
inspection at 908 West Main Street. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer,
and Mayor Sedivy; those voting No being Commissioner Taylor.
(b) This was the time and place set for a public hearing to consider the request of C.
Jack Sievert for a conditional use permit that would allow the conversion of the existing Mannix
Electric Building (a non-conforming use) to a general construction and cabinet shop (also a non-
conforming use). The property is located at 125 North Wallace Avenue.
Having reviewed the applicant's plan for development and the alternate plan suggested by the
planning staff, the Zoning Commission voted unanimously to recommend approval of the conditional
use permit to the City Commission.
The Commission concurred in the recommendation of the Zoning Commission, and it was moved by
Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission approve the
request to replace a non-conforming use with another non-conforming use on Lots 15-18, Block H,
in Rouse's Addition, said property being located at 125 North Wallace Avenue. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Vandeventer, Commissioner ray10r, Commissioner Lehrkind, and Mayor Sedivy; those
voting No, none.
Request to Vacate Portion of.Alley - Block C, Tracy's 2nd Addn. (Martel Constr.)
A letter received from Martel Construction, Inc., requesting that the City vacate the alley
between North Grand Avenue and North Third Avenue behind the Martel Center located at 215 West
Mendenhall Street was presented.
Following a thorough discussion and in concurrence with the recommendation of the Acting City
Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the City
Attorney be instructed to draw up a Resolution of Intention to vacate the above alley based upon
the following:
1. That no permanent structure would be erected in the vacated alley due to
underground and overhead utilities.
2. That Martel Construction would provide ingress and egress to West Lamme
Street. This would serve the remaining portion of the alley and its
adjacent residences as shown on the plot plan.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vandeventer, Commissioner Vollmer, Commissioner Lehrkind, and Mayor Sedivy; those voting No being
Commissioner Taylor.
Plans and Specifications, SID 555 - Sanitary Sc\ver, 2nd Phase Figgins Addn., $48,000
SID 557 - Sanitary Sewer, Tracts 11-12, Bozeman Crk., $18,500
Plans and specifications covering the proposed improvement in Special Improvement District
No. 555 for construction of sanitary sewer trunk line all in Figgins Addition, and Special
Improvement District No. 557 for construction and installation of sanitary sewer main on Tracts
11 - 12 Bozeman Creek Annexation as prepared by Thomas, Dean & Hoskins, Inc., consulting en-
gineers, was placed before the Commission.
Upon recommendation of the Acting City Manager, it was moved by Commissioner Taylor, seconded
by Commissioner Lehrkind, that the plans and specifications as presented be approved and that the
Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction
of Special Improvement District No. 555 and 557 with an opening date of 22 October and to advertise
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for bids for the sale of bonds in the approximate amount of $48,000.00 for SID No. 555 and
$18,500.00 for SID No. 557, to be received on 29 October 1975, and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Taylor, Comnlissioner Lehrkind,
Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none.
Variance for Seafood Shops of Montana - 1940 West Main Street
Following a legal discussion between the City Attorney and the Attorney representing Mr. Don
DeCosse, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Commission
allow Mr. DeCosse to lease an unplatted tract of land in the SEt, NEt of Section 11, Township 2
South, Range 5 East, said property being located at 1940 West Main Street in the City of Bozeman
to Seafood Shoppes of Montana. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Taylor, Commissioner Vollmer, Commissioner Vandeventer, and Mayor
Sedivy; those voting No being Commissioner Lehrkind.
Authorization to Call for Bids - Lockers at Swimming Pool
The Acting City Manager requested authorization to "Call for Bids" for furnishing 22 coin-
operated lockers for the Municipal Swimming Pool Dressing Room.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Clerk of
the Commission be authorized and directed to publish a "Call for Bids" for the purchase of 22
coin-operated lockers for the Municipal Swimming Pool Dressing Rooms with an opening date of 15
October 1975. 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.
Request for Right-'?J-.:J'!E2-Easement - Montana Power Con~
A Right-of-Way Easement Agreement whereby the City of Bozeman conveyed unto the Montana Power
Company the right to construct, maintain, operate and remove a gas pipe line over, along and
across that certain real property, located in Gallatin County, Montana. and more particularly
described as Section No. 17, T7S, R3E, MPM, together with the right of access to said right of
way over and along existing roads and trails and the right-to clear and remove all timber and
brush from the right of way ten feet on eaeh side of said transmission lines and to cut and
remove such trees outside of such right of way which may endanger said line or lines was presented.
The Commission concurred in the recommendation of the Acting City Manager and it was moved
by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Right of Way Easement be
approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the
City of Bozeman, and the motion was carried .
Request to Conduct UNICEF Drive) Thursday, 30 October 1975
A letter received from Mrs. Marita Holder, President of the Church Women United of Bozeman,
requesting authority to conduct a UNICEF drive to be held on Thursday, 30 October 1975, was
presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that permission
to conduct the fund drive on Thursday, 30 October be granted. The motion was carried.
Proclamation - Fire Prevention Week, 5-11 October 1975 -
Mayor Sedivy announced his proclamation designating the week of 5-11 October as "Fire
Prevention Week" and called upon all departments and agencies of the City Government to partici-
page actively in a campaign for improved fire safety.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind that the Commission
concur in the Mayor's proclamation and the motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Com-
missioner Vandeventer, and Mayor Sedivy; those voting No, none.
Adiournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vollmer, seconded by Commissioner Vandeventer, that the meeting be adjourned, 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.