HomeMy WebLinkAbout1975-11-19
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Bozeman, Montana
19 November 1975
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 19 November 1975, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer,
Commissioner 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, 12 November 1975, were approved as read. I
The Commission said they were happy to have Mrs. Harding back and were pleased that Mr. Harding
is recuperating from his open heart surgery. The Commission also expressed their appreciation and
thanks to Mrs. Krupinsky for a job well done during Mrs. Hardings absence.
Change Order No.1 - SID No. 547, Durston Road Storm Drainage
Change Order No.1 on SID No. 547 as prepared by Thomas, Dean & Hoskins, Inc., to become a part
of the original contract for construction of improvements in the project described were presented as
follows:
A) Description - Remove existing wood picket fence and replace with
42", 11 gauge steel chainlink at 1306 West Durston
Road. Fence will be 115 feet in length and include
a 4' gate at the existing sidewalk and a 10' gate
at the eastern edge of the property.
B) Cost - $675.00 to include all work, removal and waste of
the existing picket fence and the installation on
property line of the above noted chainlink fence.
The City Manager concurred in the recommendation of the engineers and recommended that Change
Order No. 1 be accepted and approved as presented.
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Change Order
No. 1 on SID No. 547 be accepted 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 to Sell Fruitcakes - Civitan Club
A letter received from cliff Roberts, Committee Chairman of the Bozeman Civitan Club, requesting
permission to conduct a fruitcake sale in Bozeman from 19 November through 25 December in an effort
to help the mentally retarded was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the request to
conduct the fruitcake drive be granted and the motion was carried by the following Aye and No vote:
Those voting Aye being Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Comm-
issioner Vollmer and Mayor Sedivy; those voting No, none.
Application for Liquor License - Haufbrau, One-Half Year $150.00
The City Manager presented an application from the Haufbrau of 22 South Eighth Avenue along
with the appropriate fee of $150.00 for a six month on the premise liquor license.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the application
for the on the premise liquor license in the amount of $150.00 for the Haufbrau be approved and the
Director of Finance be instructed to issue a one-half year liquor license to the Haufbrau 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.
Claim against the City of Bozeman - Arnold Van Dyke, $149.37 Sidewalk Replacement
A claim received from Arnold Van Dyke regarding 75 sq. ft. of 6" sidewalk replacement in the
amount of $149.37 against the City of Bozeman having been delayed for a period of one week to give
counsel time to further study the claim in question was ~gain presented.
The City Engineering staff noted the work had not been completed as of 2 September and ordered
the City contractor to replace the walk.
On 8 September the City contractor began to remove the defective walk but was run off by the
owner after breaking up the walk in question but before he was able to remove the old concrete.
A re-inspection on 22 September revealed that the owner had completed the job, however, the City
contractor feels that Mr. Van Dyke owes him some money for breaking the old sidewalk loose.
Following considerable discussion, the City Manager recommended that the claim in the amount of
$149.37 be denied and it was moved by COmmSsioner Lehrkind, seconded by Commissioner Vollmer, that
the claim received from Arnold Van Dyke in the amount of $149.37 be denied and the motion was carried
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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.
Acceptance of Library Trust Fund and Agreement - Edna Tracy White
Mrs. Jeanne M. Roby appeared before the Commission on behalf of Mrs. Edna Tracy White for the
purpose of inviting Mayor Sedivy to formally accept a Library Trust Agreement entered into by and
between Edna Tracy White as "Grantor" and the First National Bank of Bozeman, hereinafter referred
to as the "Trustee".
The Trustee shall hold, manage, invest and reinvest the property in the trust estate, and shall
pay, apply and distribute the income and principal thereof for the use and benefit of the City of
Bozeman toward the acquisition erection of a new public library building in the City of Bozeman.
Mayor Sedivy formally accepted the Library Trust Agreement and expressed his appreciation for
a most generous community need.
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission
concur with the Mayor and accept the Library Trust Agreement and that an expression of gratitude be
addressed to Mrs. Jeanne M. Roby on behalf of Edna Tracy White. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer,
Commissioner Taylor and Commissioner Lehrkind; those voting No, none.
Park & Recreation Studies - Planning Department
Dave Fackler of the City-County Planning Department appeared before the Commission to discuss
the Park and Recreation Study of Gallagater Linear Park, Gardner-Graf Park Pathway and the Bozeman_
Creek Reclamation study presented at a public meeting held on Monday 17 November 1975.
Following a thorough discussion, the Commission thanked Mr. Fackler for the presentation and
it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the plans be referred
to the Park Department on the Gallagater Linear Park, Gardner-Graf Park Pathway and the Bozeman Creek
Reclamation study but that the Gardner-Graf Park Pathway be given top priority. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commiss-
ioner Taylor, Commissioner Lehrkind, Commissioner Vollmer and Mayor Sedivy; those voting No, none.
Report - Director of Public Service
The City Manager commented on the report of the Director of Public Service and recommended
acceptance thereof.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the report of the
Director of Public Service be accepted and ordered filed, and the motion was carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner
Vollmer, COmmissioner Vandeventer and Mayor Sedivy; those voting No, none.
Resolution No. 1770 - Assessing Walks & Curbs for 1975, $32,715.20 - Hearing 26 November 1975
Commission Resolution No. 1770 assessing cost of repair, replacement or construction of side-
walks and curbs for the year 1975 in the amount of $32,715.20 was presented.
COMMISSION RESOLUTION NO. 1770
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND
ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTIES IN
THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DE-
FRAY THE COST OF CONSTRUCTING AND INSTALLING AND/OR REPAIRING
MISCELLANEOUS SIDEWALKS AND CURBS DURING THE YEAR 1975.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the resolution
be provisionally passed and adopted and 26 November 1975 be the date set for public hearing 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.
Appointment of Mrs. Harold Warfield to Zoning CommissIon to 31 December 1978
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission
concur in Mayor Sedivy's appointment of Mrs. Harold Warfield to the Zoning Commission for a period
of two years ending 31 December 1977, and the motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and
Commissioner Lehrkind; those voting No, none.
Variance to Building Code - Dworshak Roofing Company, 510 No. 7th Avenue
A letter received from Dworshak Roofing Company, requesting a variance to the Building Code to
replace a canopy on the Rainbow Motel located at 510 North Seventh Avenue with 2 X 4 frame, aluminum
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shakes, aluminum soffit, and aluminum fascia, was presented.
Following a thorough discussion, it was moved by Commissioner Vandeventer, seconded by Comm-
issioner Taylor, that the Commission concur in the recommendation of the City Manager and deny the
variance to the Building Code to replace the canopy since it is in violation of the Building Code
on account of the Fire Code. 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
Tbere 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.
ATTEST:
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EDMUND P. SEDIVY,
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