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HomeMy WebLinkAbout1971-02-17 88 Bozeman, Montana 17 February 1971 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 17 February 1971, at 1:00 o'clock p.m. Present were Mayor Langohr, Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy, City Manager Fryslie, Ass't. City Manager Keyes, City Attorney Berg and the Clerk. Mayor Langohr opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held 10 February 1971, were approved as read. Hearing Commission Resolution No. 1453 - Intent to Vacate Streets & Alleys Blk. 3 & 4 No. Seventh Add'n.: This was the time and place set in Commission Resolution No. 1453 for hearing protests to vacat- ing the portion of Juniper Street between North Fifth and North Seventh Avenue, the North-South and East-West Alley between Tamarack Street and Juniper Street and that portion of the North-South Alley lying south of the East-West Alley lying between Juniper Street and Hemlock Street, all located in Block 3 and 4 of North Seventh Addition to the City of Bozeman. Affidavit of publication of Notice was presented together with signed acknowledgement of service of Notice from owners of all abutting and adjoining property. Mr. Dean Tibbott, Real Estate Manager of Albertsons along with several other persons representing Albertsons were present to discuss and answer any questions in connection with the proposed vacation. Several property owners abutting the subject area and interested persons adjoining the above property were also present. Following a very thorough discussion of the subject vacation it was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that they declare a recess to go out and view the area and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Morrow, that they declare a recess to go out and view the area and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Morrow, Commiss- ioner Grabow, Commissioner Vollmer and Mayor Langohr; those voting No, none. Recess 3:15 P.M.: Meeting Reconvened at 4:00 o'clock P.M.,: Intent to Vacate Streets & Alleys, Block 3 and 4 North Seventh Addition: Following the on the ground inspection of the portion of Juniper Street between North Fifth and North Seventh Avenue, the North-South and East-West Alley between Tamarack Street and Juniper Street and that portion of the North-South Alley lying south of the East-West Alley lying between Juniper Street and Hemlock Street all located in Block 3 and 4 of North Seventh Addition to the City of Bozeman and based upon the discussion of the subject vacation, the Commission concurred with the recommendation of the City Manager and it was moved by Commissioner MOrrow, seconded by Commissioner Grabow, that all of the above described streets and alleys in Block 3 be vacated and that 120' of the alley in Block 4 running north from Juniper Street be vacated rather than the 140' originally proposed and instruct the City Attorney to draw an ordinance vacating the streets and alleys in accord- ance with Resolution No. 1453 but with the foregoing alteration and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Grabow, Commiss- ioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. Consideration of Ordinance No. 904 - Fire Code: Ordinance No. 904 amending Section l304.010 of the Bozeman Municipal Code and adopting the 1970 edition of the Fire Prevention Code recommended by the American Insurance Association and repealing all ordinances and parts of ordinances in connection with Self Service Gas Stations was presented following additional study for a period of one month. Several interested persons were also present to discuss the ordinance and answer any questions. Following a thorough discussion it was moved by Commissioner Grabow, seconded by Commissioner Vollmer, that they now conclude the hearing and continue action for a period of two weeks to make a final decision and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow and Mayor Lan- ghor; those voting No, none. I I I I I I 89 Final Acceptance & Payment - Waste Water Treatment Plant: The Certificate of the engineer of Thomas, Dean & Hoskins, Inc., on the construction of the Bozeman Waste Water Treatment Plant W.P.C.A. Project No. Mont-125 by Detweiler Bro~, Inc., has been completed in accordance with the terms and stipulations given in the plans and specifications for such work, with exceptions for several incomplete items as noted on the punch list was presented. The City Manager concurred in the recommendation of the engineers and recommended that the completed portions of the Waste Water Treatment Plant be accepted and approved and that the contractor submit a certified check in the amount of $8,000.00 payable to the City of Bozeman to cover the expense of the uncompleted portion of the work and that the project be accepted and final payment made in the amount of $79,932.16. This final acceptance and payment does not relieve the contractor of the responsibility for negligence or faulty materials or workmanship within the extent and period pro- vided by law. The contractor has furnished a performance bond equal to one-hundred percent of the Contract price, to guarantee materials and workmanship for a one-year period commencing upon final acceptance. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that as recommended, the project be accepted as completed and the Director of Finance be directed to issue a warrant in pay- ment of $79,932.16 to Detweiler Bros., Inc., for the construction of the Bozeman Waste Water Treat- ment plant W,P.C.A. Project No. Mont-125 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow, Commissioner Grabow and Mayor Langohrj those voting No, none. Planning Board Fee Schedule: At the City-County Planning Board meeting of 8 February 1971 the Board voted to revise the fees charged for their subdivision review and processing of subdivision plats as follows: The present fee of $2.00 per acre or $20.00 whichever is greater, is revised to a fee of $2.00 per lot up to 100 lots and $1.00 per lot for those over 100, with a minimum fee of $25.00. Following a discussion of the revised fee schedule, it was moved by Commissioner Morrow, sec- onded by Commissioner Grabow, that the above fee be approved and put into effect and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohrj those voting No, none. Continuation - License Bond. Rainbow Signs: In compliance with Chapter 14 of the Bozeman Municipal Code, the continuation certificate for the Sign Bond of Rainbow Signs, Inc., Bozeman was presented. The City Manager stated that the Build- ing Inspector had recommended the approval of the above mentioned bond and the City Attorney had approved the bond as to form. It was moved by Commissioner Grabow, seconded by Commissioner Vollmer, that the bonds be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow and Mayor Langohrj those voting No, none. Report: The City Manager commented on the report of the Director of Public Service and recommended the approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the report of the Director of Public Service be approved and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow, Commissioner Grabow and Mayor Langohr; those voting No, none. Tribute to Frank Church's Family: The City Manager reported the death of Frank Church who was a City Employee for approximately fifteen years. Mr. Frys1ie stated that Mr. Church had been a superior and dedicated employee of the City of Bozeman. The Mayor and the City Commission concurred with the City Manager and it was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that an appropriate letter of condolence be addressed to the family of Frank Church and the motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Sedivy, Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer and Mayor Langohr; those voting No, none. Adjournment: There being no further business to come before the Commission at this time, it was moved by Commissioner Morrow, seconded by Commissioner Grabow, that the j adjourned the motion was carried by the following Aye and No vote: those voting Aye 0 issioner M Grabow, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; tho e voting ATTEST: ~;<t't ~.., Clerk of -'// 4" ./ ("F ;Y . (= _::, / _..??t:~ C-?A the City ~ission