HomeMy WebLinkAbout1975-12-17
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Bozeman, Montana
17 December 1975
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, 17 December 1975, at 1:15 o'clock p.m. Present were Mayor Sedivy, Com-
missioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City
Manager Fryslie, Ass't City Manager Wolf, 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, 10 December 1975, were approved as read.
Hearing - Zone Code Change - Permit Ambulance Service in All Zones - James O'Connor
This was the time and place set for a public hearing to consider the application of James
O'Connor to permit basing of ambulance service in all zones.
The recommendations of the Zoning Commission and that of the Planning Staff were presented
during the hearing.
Following a discussion and consideration of the matter, it was moved by Commissioner Taylor,
seconded by Commissioner Lehrkind, to approve the zone code change permitting basing of ambulance
service in all zones in accordance with the planning staff's report as adopted and recommended
by the Zoning Commission. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vande-
venter, and Mayor Sedivy; those voting No, none.
Bond Sales: (A) SID 555 - $48,000.00
(B) SID 557 - $18,500.00
The City Manager stated that according to the affidavit of publication, this was the time
and place set for the bond sale of Special Improvement District Nos. 555 and 557.
The Mayor and the City Manager outlined the procedure for conducting this bond sale and
stated that the amount of bonds to be sold for each district would be the same as the advertised
amount and announced that the City was ready to conduct the bidding on the bonds of SID No. 555
in the amount of $48,000.00.
A sealed bid submitted by Ben L. Smith, Butte, Montana, along with a good faith check in
the amount of $2,400.00 as prescribed by the Notice of Sale, bid 7.69%.
It was then announced that oral bids for the purchase of the bonds in accordance with the
notice of sale would be received. The First Security Bank of Bozeman, along with a good faith
check in the amount of $2,400.00 as prescribed by the Notice of Sale, bid 7.65%.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the sale
of the bonds for Special Improvement District No. 555 be awarded to First Security Bank of
Bozeman in the amount of 7.65%, 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.
It was then announced that the City was ready to conduct the bidding on the bonds of SID
No. 557 in the amount of $18,500.00.
The Clerk announced that no sealed bids for the purchase of said bonds had. been received.
It was then announced that oral bids for the purchase of the bonds in accordance with the
notice of sale would be received. The following bidders, having presented good faith checks
as prescribed by the notice of sale, then submitted oral bids, and the final and best oral bid
submitted by each of said bidders was as follows:
C. V. Henderson 7.60%
First Security Bank
of Bozeman 7.50%
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the sale
of the bonds for Special Improvement District No. 557 be awarded to First Security Bank of
Bozeman in the amount of 7.50%, 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.
Consideration of Construction Bids - SID's 555 and 557
The engineers representing consultants, Thomas, Dean & Hoskins, Inc., having completed
their study of the bid submitted by C. W. Schmidt of Missoula 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); and having prepared a final
tabulation of the. bid, recommended that the bids be awarded to C. W. Schmidt of Missoula on the
basis of their bid in the amount of $28,345 for SIn No. 555 and $13,524.70 for SID No. 557.
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The Commission concurred with the recommendation of the engineers, also concurred in by the
City Manager, and it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that
C. W. Schmidt be awarded the bid in the amount of $28,345.00 for SID No. 555. 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.
It was then moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that C. W.
Schmidt be awarded the bid in the amount of $13,524.70 for SID No. 557. 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.
Consideration of Bids - Fuel Supply
The Commission was referred to the opening of bids for the purchase of 20,000 gallons regular
gasoline and 6,000 gallons No.2 diesel fuel. The City staff having completed their study of the
bids submitted and having prepared a final tabulation of the bids recommended that the bid be
awarded to Story Motor Supply on the basis of their bid in the amount of .4395 for regular gaso-
line and .331 for No.2 diesel fuel, it being the lowest bid and meeting or exceeding the specifica-
tions in the "Call for Bids". This bidder provides Texaco products.
The Commission concurred with the recommendation of the City staff, also concurred in by the
City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer,
that Story Motor Supply be awarded the bid for fuel supply at .4395 for regular gasoline and .331
for No.2 diesel fuel, 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 Vacate Alley - Juniper to Aspen between 7th and 8th Avenues
The letter received from Robert Graf requesting that the City vacate the alley between
Juniper and Aspen Streets and the North 25 feet of Lot 12 in Block Two (2) of Durston Second
Subdivision was presented for the second time.
The Planning staff and the City Engineer stated that they could find no objection to
vacating this alley as requested.
However, following discussion, it was moved by Commissioner Taylor, seconded by Commissioner
Lehrkind, that the matter be tabled and that the appellant be required to provide accurate infor-
mation to include a delineation of the extent to which their building encroaches upon the alley
right-of-way. 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 Alley - Block 4, Springbrook Addition
A request for vacating certain alleys in Block 4 of the Springbrook Addition was submitted
by Don F. Nell of Buronepe Co. and George Lockie, representing a majority of the adjacent property
owners, was presented.
Following discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner
Vollmer, that the City of Bozeman require that petitioners requesting the vacation of public
right of way to deposit a bond equal to the estimated administrative and legal costs that will
be incurred by the City prior to City action on such requests. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer,
Commissioner Vandeventer, Commissioner Taylor; those voting No being Mayor Sedivy.
It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that we table
consideration of this request so that the petitioners could be informed of this new city policy
requiring an expense bond. 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 Vacate Hayes Street - Willson Avenue, East
A letter received from James W. VanWinkle and John Hanton requesting that the City vacate
Hayes Street east of Willson was presented.
The Planning and Engineering Departments, after consulting with the Fire Department, felt
that the vacation of Hayes Street from Willson Avenue East should not be further considered
because this right of way may be needed for public use to include access for fire fighting
equipment at a future date.
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The City Manager concurred in this recommendation, and it was moved by Commissioner Vollmer,
seconded by Commissioner Vandeventer, that the request to vacate Hayes Street East of Willson
not be further considered. 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.
Resolution No. 1772 - Intent to Vacate Portion of Ida Street - Hearing 14 January 1976
RESOLUTION NO. 1772
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A
PORTION OF IDA AVENUE IN THE CITY OF BOZEMAN, MONTANA.
prepared by the City Attorney as directed by the Commission to vacate a portion of Ida Avenue in
the City of Bozeman was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that Commission
Resolution No. 1772 be passed and adopted and 14 January 1976 be set as the date for public
hearing and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, and Commissioner Vollmer;
those voting No being Mayor Sedivy.
Reports: Director of Public Service
The City Manager commented on the report of the Director of Public Service and recommended
it be accepted and ordered filed.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the report be
accepted and ordered filed, 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.
Adjournment
There 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,
Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those
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voting No, none.
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JWMUND P'/SEDIVY, S~
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ATTEST:
ERNA V. HARDING,
Clerk of the City Commission
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