HomeMy WebLinkAbout1975-12-10
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Bozeman, Montana
10 December 1975
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 10 December 1975, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer,
Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City Manager Fryslie, Ass't
City Manager Wolf, 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, 26 November 1975, were approved as read.
Open Bid for Fuel Supply - 20,000 Gallons Regular Gasoline - 6.000 Gallons No. 2 Diesel Fuel
This was the time and place set for opening bids for the purchase of 20,000 gallons regular
gasoline and 6,000 gallons No. 2 diesel fuel. The affidavi t of publication of the "Call for Bids"
was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that
the bids be opened and read, 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.
The following bids were then opened and read:
Chevron Oil Company Regular Gasoline
Regular Gasoline (Tank Wagon)
No.2 Diesel Fuel
No. 2 Diesel Fuel (Tank Wagon)
Regular Gasoline
No. 2 Diesel Fuel
Regular Gasoline
No. 2 Diesel Fuel
Regular Gasoline
No. 2 Diesel Fuel
Continental Oil Company
.4245
.4539
.308
.3505
.39
.372
.4425
.345
.4395
.331
Exxon Jobbers
Story Mtr. Supply
Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded
by Commissioner Taylor, that the bids be referred to the City staff for checking and recommenda-
tion to be made to the Commission on Wednesday, 17 December 1975. 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.
Open Bids - SID No. 555 Sanitary Sewer, 2nd Phase Figgins Addition
SID No. 557 Sanitary Sewer, Tracts 11-12, Bozeman Creek
This was the time and place set for opening bids for the construction of sanitary sewer trunk
lines in Figgins Addition SID No. 555 and for the construction of sanitary sewer mains on Tracts 11
and 12 Bozeman Creek Annexation SID No. 557. Affidavit of publication of "Notice to Bidders" was
presented.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the bids be
opened and read 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.
The following bids were then opened and read:
SID 555 SID 557
Barnard Construction Company, Box 362, Bozeman $36,648.00 $19,334.50
Intermountain Construction, Box 833, Bozeman 37,069.00 19.779.50
C. W. Schmidt, Box 1267, Bozeman 28,345.00 13,524.70
White & McNeil Excavation, Rte 4 Forest Pk. 28 33,165.00 16,225.00
The Commission concurred with the recommendation of the City Manager, and it was moved by
Commissioner Lehrkind, seconded by Commissioner Vollmer, that the bids be referred to the engineers
representing Thomas, Dean and Hoskins and the City engineering staff for final tabulation, consi-
deration and recommendation on Wednesday, 17 December 1975, and that the bid security checks be
returned to all but the three lowest bidders. 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.
Ice Skating Program - 1975-1976 Season
A memorandum received on 3 December from the Community Recreation Board with the recommendation
that the City Commission approve maintaining skating rinks at Emerson School, Hawthorne School,
Irving School, Longfellow School, Whittier School, Southside Park and North Grand Park was
presented. The memorandum further recommended that no charge be made for skating this year and
that the supervision be provided by the volunteer interested skating personnel under the direc-
tion of the Recreation Department.
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Many interested persons were present in regard to the Beall Park area. John Vincent acted
as Spokesman for the group and explained that many taxpayers, citizens and parents living in
Bozeman signed a petition of protest to the Staff recommendation to close Beall and South Side
Park for ice skating. He also stated that the Recreation Board should be highly commended on
their efforts in adding South Side Park and maintaining volunteers interested in skating.
Following a thorough discussion, it was moved by Commissioner Lehrkind, seconded by Com-
missioner Vandeventer, that the Commission accept the recommendation of the Community Recreation
Board with the exception that Beall Park be added on the list of skating rinks and that no I
charge be made for skating this year and that supervision be provided by the volunteer interested
personnel under the direction of the Recreation Department. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer,
Commissioner Taylor, Commissioner Vollmer, and Mayor Sedivy; those voting No, none.
Request to Create Off .Street Parking SID
The request from the Bozeman Parking Commission and the Board of Directors of the Downtown
Development Association for the City Commission to formulate a resolution of intent to adopt an
SID covering generally the B-3 Zone for the purpose of improving parking in Bozeman's Central
Business District having been continued for a period of two weeks in order that the City Attorney
investigate and study the proposed parking plan of action to see if there are any problems that
need be ironed out, was again presented for discussion and decision.
Several interested persons were present in regard to the off-street parking SID.
On recommendation of the City Attorney, it was moved by Commissioner Taylor. seconded by
Commissioner Lehrkind, that the Parking Commission's proposed formula for assessment for off-
street parking facilities be returned to the Parking Commission for reconsideration to include
a positive Distance factor as required by Section 11-2214-2 of the R.C.M., 1947. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis-
sioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting
No, none.
Request for SID to Pave 15th Avenue- Koch to Babcock Street
A letter received from John French, Jr., and Burton G. Moe, petitioning the City of Bozeman
to create a special improvement district for the paving of 15th Avenue between West Babcock and
West Koch Street was presented.
The Commission concurred with the recommendation of the City Manager and it was moved by
Con~issioner Lehrkind, seconded by Commissioner Vollmer, that the City Commissioner instruct
the City Attorney to draw up a resolution of intention to create the Special Improvement Dis-
trict when the necessary estimates are received from the engineering staff. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Com-
missioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, and Mayor Sedivy; those voting
No, none.
Abatement of Special Assessments - 1975, $787.33
The following applications for tax abatements
NOTICE
71
200
553
616
1005
1190
1245
1544
1873
1898
2005
2035
2039
2180
2942
4596
~
Mrs. Lila A. Anderson
Marvin A. Berg
Grant Clemens
George W. Covey
Alice M. Freese
Edward C. Haggerty
Ed ,S. Harding
Chas. W. Karinen
H. W. Menzel
Kathryn Agnes Miller
Harold E. Murdock,
Etal
Ruth M. McConnell
T. Ralph McCormick
John E. Olson
Robert Johnson
R. G. Terwilliger
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in the amount of $787.33 were presented:
BLOCK ADDITION AMOUNT TYPE
2 Beall's 3rd $ 10.92 Garbage
6 West Park 3.10 Garbage
6 West Park 124.84 District 542
118 Northern Pacific 20.80 Garbage
42 Imes 23.40 Garbage
D Tracy's 3rd 46.80 Garbage
LOT
9 and 10
18, 19 and 20
15 thru 17
7
22 and south ~ 23
All 8, 24' of 24,
28' of 28
10 ~nd 11
W 82.8' 21 to 24
8
5
Butte
Beall's 3rd
5.20
29.14
1.58
8.43
6.90
108.86
5.50
2.08
21 and 22
3 and 4
10, 11 and 12
11
2
3
Butte
Babcock & Davis
Violett
S. \ 4 all 5 & N.
28' of 6
N. ~ of 22, All 23-24 7
1 and 2 7
18 and 19 G
N\ 20 to 24 G
E
Rouse's 2nd
West Park
West Park
Hoffman's
118.50
l2L~. 84
13.00
126.58
6.86
$787.33
Original Plat.
Garbage
Walk & Curb
Interest
Garbage
Garbage
Walk & Curb
Interes t
Garbage
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District 542
District 542
Garbage
Walk & Curb
In teres t
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Upon concurrence of the City Manager's recommendation, it was moved by Commissioner Vollmer,
seconded by Commissioner Vandeventer, that the applications be approved and the Director of
Finance be authorized to enter the abatements on the tax record. 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.
Commission Resolution No. 1771, Certification of Delinquent City Special Assessments - $150.466.45
Commission Resolution No. 1771 certifying delinquent taxes in the amount of $150,466.45 plus
penalty to the Gallatin County Treasurer was presented, entitled:
COMMISSION RESOLUTION NO. 1771
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN
SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND
PAYABLE 30 NOVEMBER 1975, AND UNPAID AS OF THAT DATE. AND CERTAIN OTHER
SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND
PAYABLE 30 NOVEMBER 1975, AND UNPAID. DELINQUENT. AS PROVIDED BY
CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 11-2233, POLITICAL
CODE, R.C.M., 1947.
Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by
Commissioner Taylor, that the resolution be passed and adopted 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.
Application for EPA Grants for TV Inspection and Rehabilitation of Sanitary Sewer System
The City Manager presented EPA step 2 and 3 application forms for the rehabilitation of the
existing collection system of the Sanitary Sewer System. The project work will consist of TV
inspection and rehabilitation of the existing collection system to locate and reduce infiltration.
The amount of Federal funding requested in $2,475.00.
Upon concurrence of the City Manager, it was moved by Commissioner Taylor, seconded by Com-
missioner Lehrkind, that submission of the application be approved as presented and the Mayor be
authorized and directed to sign the application for the City. 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.
Request to Vacate Hayes Street - Willson Avenue, East
A letter received from James W. Van Winkle, 1222 S. Willson Avenue and John Hanton, 1304 S.
Willson Avenue, requesting that 160 feet of Hayes Street to the east of Willson Avenue be vacated
was presented. The purpose of the vacation is to build a garage and carport on 40' of the area
and to further beautify the area.
Mr. Van Winkle was also present to discuss the area in question.
Several property owners adjoining the proposed area were present to protest vacating the 160'
of Hayes Street to the east of Willson Avenue.
Following a thorough discussion, the Commission concurred in the recommendation of the City
Manager, and it was moved by Commissioner Lehrkind, seconded by CommisSioner Vollmer, that the
Commission adknowledge receipt of the request and refer same to the engineering staff and planning
staff for further study and recommendation. 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.
Authority to Attend Public Works Workshop 22-23 Jan. 1976 - City Engineer Vanlt Hul
The Public Works workshop is scheduled to be held in Salt Lake City, Utah, 22-23 January 1976,
and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer,
seconded by Commissioner Vandeventer, that City Engineer Van't Hul be authorized to attend the work-
shop and, it being in the public interest his expenses be paid out of the appropriate fund, 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 Approval to Sponsor Carnival and Receive City License at Reduced Fee - Police Protective
Association
A letter received from Ron Morton, President of the Bozeman Police Protective Association,
Bozeman City Police Department, requesting permission and authorization to sponsor a carnival to
be held at the County Fair Grounds on 7-10 July 1976, with a reduction in the License fee, was
presented.
408'
Following consideration and discussion, the Commission concurred in the recommendation of
the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Taylor,
that the Commission deny the request based upon the policy established in December 1973. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande-
venter, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those
voting No, none.
Application for Gambling Licenses- a) Beta Sigma Phi - Raffle 20 December 1975
b) MSU Fangs and Spurs - Raffle 29 December 1975
The City Manager presented an application for Beta Sigma Phi along with the required fee
of $10.00 for a raffle license for the purpose of holding a raffle on 20 December 1975.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Commission
approve the application for the license, 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.
The City Manager presented an application for Montana State University Fangs and Spurs
along with the required $10.00 fee for a raffle license for the purpose of holding a raffle on
29 December 1975.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Commission
approve the application for the license, 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.
Beer License Application - Heeb's Food Center
The City Manager presented the application and appropriate fee of Heeb's Food Center for a
beer license for the calendar year 1976.
Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by
Commissioner Vandeventer, that the Commission approve the application of Heeb's Food Center, 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.
Reports
The following reports were presented:
Librarian Building Inspector Police Chief
Police Judge Fire Chief
The City Manager commented on the reports and recommended their acceptance. It was moved
by Commissioner Vandeventer, seconded by Commissioner Taylor, that the reports be accepted and
ordered filed, 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.
Request for Vacation of Alley paralleling Seventh and Eighth Avenue between Juniper and Aspen Streets
and North' 25' of Lot 12, Blk 2, Durston 2nd Subdivision - Robert Graf
A letter received from Robert Graf, requesting that the alley paralleling Seventh and Eighth
Avenues, between Juniper and Aspen Streets be vacated, and also that that certain alleyway described
as the North 25 feet of Lot 12 in Block 2 of Durstons Second Subdivision be vacated, and that the
last mentioned alleyway revert back to Mr. Graf, was presented.
Following a lengthy discussion, it was moved by Commissioner Taylor, seconded by Commissioner
Lehrkind, that the Commission instruct the City Manager to acknowledge receipt of the request and
that the request be referred to the engineering staff for st~dy and recommendation. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Com-
missioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting
No, none.
Proclaim 19 December as "Carrie Roberts Day" - National Queen of Retired Citizens
Mayor Sedivy proclaimed 19 December 1975 as "Carrie Roberts Day" in recognition of her
appointment as National Queen of Retired Citizens.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Commission
concur in the recommendation of the Mayor and proclaim 19 December as "Carrie Roberts Day." 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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Announcement of the Retirement of Fire Chief Hoey - Promote Bud Simpson to Fire Chief
The City Manager announced that Fire Chief Hoey, who had served the City Fire Department for
twenty-five years, and as Fire Chief from 1 March 1973, is retiring as of 12 December 1975.
Mayor Sedivy, on behalf of the City Commission, paid tribute to Fire Chief Hoey for his
outstanding services and the capable, courteous manner in which he carried out his duties as a
Fire Chief and his ability to meet the public.
City Manager Fryslie expressed his thanks for a job well done. The things that transpired
during the period since Herb became Fire Chief have reflected greatly on the community, his
fellow workers and himself. Herb's records are more impressive than many people realize and
Herb can walk out of his job as Fire Chief with a great deal of pride.
Appointment of K. W. "Bud" Simpson, Effective 13 December 1975
The City Manager announced his promotion 'of K. W. "Bud" Simpson to Fire Chief of the Bozeman
Fire Department effective 13 December 1975.
The Commission concurred in the City Manager's appointment and congratulated him on his
promotion.
Claims
Claim No's 22230 to 22424 inclusive and 05249 to 05431 inclusive were presented as follows:
Cemetery
Cemetery Sus.
Garbage
General
Library
Park
Parking Meter
Planning Board
SDS
$ 906.63
150.00
15,079.64
35,374.73
2,179.21
2,134.47
142.84
340.83
4,218.01
SID's
Street
Water
BOR Parks
Municipal Pool
Rec. Compo
Rev. Sharing
Trust Agency
75 Walks & Curbs
$ 28,168.48
7,379.49
10,579.21
1,280.00
58,232.95
6.51
3,430.50
500.00
18.36
$170,121.86
The City Manager 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 Vollmer, seconded by Commissioner Vande-
venter; that the claims be approved as presented 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.
Adiournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vandeventer, seconded by Commissioner Taylor, that the meeting be adjourned and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande-
venter, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those
voting No, none.
ATTEST:
4_
r
ERNA V. HARDING,
Clerk of the City Commission