HomeMy WebLinkAbout1976-01-07
I
I
I
417
Bozeman, Montana
7 January 1976
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 7 January 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer. City Manager Fryslie. Assistant
City Manager Wolf. City Attorney Berg and the Clerk.
Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had.
Minutes of the regular meeting held on Wednesday, 31 December 1975, and the special meeting
held on Monday,S January 1976, at 7:00 o'clock p.m. were approved as read.
Hearing, Rezoning Request from AS to M-l - William Cowen
This was the time and place set for a public hearing to consider the request of William Cowen.
to change from "AS" to "M-l" a tract of land in the NWt of Section 15, T2S, R5E, M.P.M., Gallatin
County, Montana, said property being the northerly 300 feet of the Kountz Trailer Court bordering
U.S. Highway No. 191.
Mr. Rick Mayfield was present to comment on the request for a Zoning Change from "AS" to "M-l"
on behalf of Mr. Cowen. Several interes&ed persons were also present in regard to the area in question.
The Zoning Commission, having reviewed the application, voted to recommend denial of this Zone
Change request based upon the following comments.
Commercial~Industrial policies and standards as expressed in the
Bozeman Master Plan.
Buffering Requirements.
Current Industrial-Land Supply/Demand.
Sewer/Water Problems.
Circulation on Highway No. 191 West.
Following a lengthy discussion, Mayor Vollmer declared the hearing closed and it was moved by
Commissioner Lehrkind, seconded by Commissioner Sedivy. that the request for a Zone Change from "AS"
to "M-I", the six acre tract in the northern 300 feet of the existing Kountz Mobile Home Court, be
denied. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer and Mayor Vollmer; those
voting No. none.
Hearing. Conditional Use Permit - Grizzly Fence Co.. 2001 No. Rouse Avenue
This was the time and place set for a public hearing to consider the request of Elton R. Hartze
for a conditional use permit to erect a 512 sq. ft. building on Tracts 1 & 2 in May's tracts for the
purpose of operating a retail fencing business located at 2001 North Rouse Avenue, Bozeman. Montana.
Following a thorough discussion. the Mayor declared the hearing closed and it was moved by
Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission concur with the Zoning
Commission's recommendation and approve the request with the following conditions:
1. That signing be limited to one free-standing sign 20 feet in height or
less and that the specific matter of the sign and the fence around the
open storage area be worked out with the planning office and City Build-
ing Inspector before presentation to the City Commission.
2. That a revised parking and landscaping plan be submitted by the petitioner
and be installed as the building is completed, subject to an extension of
nine months from issuance of the building permit as necessary due to
climatic conditions.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Vollmer;
those voting No. none.
Confirmation of Police Officer Gilbert Waldon, Effective 1 January 1976
The Police Chief reported that Police Officer Gilbert Waldon had satisfactorily completed the
required one~year probationary period and recommended that Police Officer Gilbert Waldon be confirmed
as a regular officer of the Police Department effective 1 January 1976.
The City Manager concurred in the recommendation of the Police Chief, and it was moved by Comm-
issioner Taylor. seconded by Commissioner Vandeventer, that the confirmation of Police Officer Waldon
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 Taylor. Commiss-
ioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No. none.
Commission Resolution No. 1773, Intent to Vacate Alley - Juniper to Aspen Street, 7th to 8th Avenue
COMMISSION RESOLUTION NO. 1773
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA~ DE-
CLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE TtlE
ALLEYS IN BLOCK TWO OF DURSTON'S 2ND SUBDIVISION TO THE CITY OF
BOZEMAN, MONTANA.
418
as prepared by the City Attorney as directed by the City Commis~on to vacate the alleyway dedicated
in Block 2, Durston's Second Subdivision less the north 165 feet previously vacated by Ordinance No.
903 plus the 25foot alleyway dedicated by Ordinance No. 903 running east and west along a centerline
l77~ feet south of and parallel to the north line of said Block 2 on North Eighth Avenue, easterly
to the east line of the existing alley in said Block 2, Durston's Second Subdivision to the City of
Bozeman was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission
Resolution No. 1773 be passed and adopted and 4 February 1976, be the date set for public hearing
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer;
those voting No, being none.
Commission Resolution No. 1774 - Intent to Create SID 558, Paving in Figgins Addn. Hear 4 February
Commission Resolution No. 1774 declaring the intention to create Special Improvement District
No. 558 as prepared by the City Attorney was presented.
COMMISSION RESOLUTION NO. 1774
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CI TY OF BOZEMAN, MONTANA, TO
CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
MENT DISTRICT NO. 558 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND
GUTTERS AND NECESSARY APPURTENANCES THERETO ON MORROW STREET, SPRING
CREEK DRIVE, LANGOHR AVENUE BETWEEN ARNOLD STREET AND WESTRIDGE DRIVE,
ARNOLD STREET BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE, AND
WESTRIDGE DRIVE BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE IN THE
FIGGINS ADDITION TO THE CITY OF BOZEMAN.
The Commission concurred with the recommendation of the City Manager, and it was moved by Comm-
issioner Lehrkind, seconded by Commissioner Sedivy, that Commission Resolution No. 1774 be passed
and adopted and 4 February 1976, 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 Sedivy,
Commissioner Taylor, Commissioner Vandeventer and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1775 - Date, Maturity Date & Amount of Bonds SID 555
The City Manager presented Commission Resolution No. 1775, setting date, maturity date, and
principal amount of bonds issued in Special Improvement District No. 555, entitled:
COMMISSION RESOLUTION NO. 1775
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING
THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE
ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 555.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resol-
ution No. 1775 be passed and adopted, and the motion was carried by the follOWing Aye and No vote:
Those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commiss-
ioner Lehrkind and Mayor Vollmer; those voting No, none.
Commission Resolution No. 1776 - Date, Maturity Date & Amount of Bonds SID 557
The City Manager presented Commission Resolution No. 1776, setting date, maturity date, and
principal amount of bonds issued in Special Improvement District No. 557, entitled:
COMMISSION RESOLUTION NO. 1776
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING
THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE
ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 557
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Commission
Resolution No. 1776 be passed and adopted and the motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy and Mayor Vollmer; those voting No, none.
Water Department - Authority to Call for Bids - $40,000 1bs Sodium Silicofluoride
The Water Department has a need to replenish its supply of sodium silicofluoride for use as an
additive to the City's water supply and the City Manager requested that the purchase be authorized.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the purchase
be authorized, and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase
of 40,000# of sodium silicofluoride to be opened 21 January 1976, and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer; those voting No, none.
I
I
I
I
I
I
Request for Parade Permit - Sons of Norway, 15 May 1976
A letter received from Harvey Larson of the Sons of Norway, requesting permission to conduct a
parade on 15 May 1976, at 1:00 o'clock p.m. in connection with the Sons of Norway day, was presented.
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission
grant the Sons of Norway permission to conduct the parade on 15 May 1976, and the motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy,
Commissioner Taylor, Commissioner Vandeventer and Mayor Vollmer; those voting No, none.
Proclamation - Alien Address Report Month - January 1976
Mayor Vollmer, in response to a request from the United States Department of Justice, proclaimed
the month of January 1976, to be Alien Address Month in the City of Bozeman and requested that all
aliens residing within the City report their addresses to the U.S. Post Office or Immigration and
Naturalization Services during the month of January.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, 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 Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
and Mayor Vollmer; those voting No, none.
Contract Documents, C. W. Schmid. Inc.. - SID's 555 and 557 for Execution
The Contract Documents for the construction of SID's 555 and 557. were presented. The City
Manager recommended that the contract documents be approved as presented.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer. that the contract
documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign
the contract for the City of Bozeman, and that C. W. Schmid. Inc., be authorized and directed to
proceed with the construction of SID's 555 and 557. and the motion was carried by the following
Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner
Lehrkind, Commissioner Sedivy and Mayor Vollmer; those voting No, none.
Reports
The following reports were presented:
Police Chief Building Inspector Librarian
The City Manager commented on the above reports and recommended approval thereof.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the reports be
accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor
and Mayor Vollmer; those voting No, none.
Leave of Absence - City Manager Fryslie, 12-16 January 1976 - Mayor Vollmer, 14 January 1976
Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by
Commissioner Sedivy, that he be granted vacation leave of absence from 12-16 January 1976, and that
the Assistant City Manager be designated to perform the duties of the City Manager during this time,
and that the absence of Mayor Vollmer from the meeting of 14 January 1976, be authorized in compliance
wi,th Seetin 11-3245, R.C.M., 1947, and that Commissioner Lehrkind be appointed as President Pro-
Tempore during his absence. The motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer
and Mayor Vollmer; those voting No, none.
Claims for December 1975
Claim No's 22431 thru 22587 and 05486 thru 05630 inclusive were presented.
Cemetery $ 1,112.55 P. Meter $ 164.90 Water $ 4,041.15
Garbage 3,638.62 P. Board 752.54 C.P.C. 38.70
General 14,482.86 SDS 3,505.71 w & C 75 24.66
Library 1,831. 58 SID's 23,928.68
Park 3,132.74 Street 12,312.82 $68,967.51
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
warrantsin payment. It was moved by Commissioner Taylor. seconded by Commissioner Vandeventer,
that the claims be approved as presented and the motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy and Mayor Vollmer; those voting No, none.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vandeventer, 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
Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor and Mayor Vollmer.
those voting No n~ . ) 4 -0 ' ~/
P '/~'~ ! c -, -. ;;. C. , '- - , ( ,--,,-_..,~
ATTEST' .. ~ /;;V: .'--~' c . ,.t... t_
. 4" - /t,'-:"'--- ? ' C;4., - ,,,. \
ERNA V. HARDING, '. rk of Comm. JJAMES W. VOLLMER, Mayor
419