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HomeMy WebLinkAbout1975-11-19 3 n ,'-" ...-JI:j 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 I I I I I 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 39~) 400 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: ~:-,-../ ~ ..' " "'-' ..' ..-.- ....,-.../ /"., ' ."-,,...-- .,,' /,..._~,.. . EDMUND P. SEDIVY, [;) r::';;/ . 1 I I