HomeMy WebLinkAbout1971-08-04
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Bozeman, Montana
4 Augus t 1971
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 4 August 1971, at 1:15 o'clock p.m. Present were Mayor Langohr, Commissioner Grabow,
Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy. City Manager Fryslie, Ass't. City
Manager Keyes, City Attorney Berg and the Clerk.
Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had:
Minutes of the meeting held 28 July 1971 were approved as read.
Hearing, Re~olution 1475 - Intent to Create SID 503, Res. No. 1477 Crcating Watermains:
North Seventh to North Fifth. Tamarack to Juniper Strects:
This was the time and place set in Commission Resolution No. 1475 to hear protests to the
creation of Special Improvement District No. 503. Affidavit of publication of Notice and the Clerk's
mailing certificate stating that all property owners had been notified as required by law were pre-
sented. The City Engineer presented a written protest filed with the Clerk of the Commission by
Herbert and Sue Weber representing 22.18% of the proposed district. Mr. & Mrs. Weber along with
Attorney Lyman Bennett were also present to discuss the protest.
Following a discussion and in concurrence with the recommendation of the City Manager, it was
moved by Commissioner Sedivy, seconded by Commissioner Grabow, that the protest representing 22.18%
of the proposed district be considered insufficient. it being less than 50% of the property fronting
on the proposed district and resolution No. 1477 creating Special Improvement District No. 503 was
presented, entitled:
COMMISSION RESOLUTION NO. 1477
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NO. 503 OF THE CITYOF BOZEMAN FOR THE PURPOSE OF INSTALLING
AN EIGHT INCH WATERMAIN ON WEST TAMARACK STREET BETWEEN FIFTH AND
SEVENTH AVENUES, AN EIGHT INCH WATERMAIN ON FIFTH AVENUE NORTH BE-
TWEEN WEST TAMARACK STREET AND VACATED WEST JUNIPER STREET; A SIX
INCH WATERMAIN ON AN EASEMENT ON VACATED WEST JUNIPER STREET TO
CONNECT WITH THE PRESENT SIX INCH MAIN ON SAID VACATED WEST JUNIPER
STREET. THE CONSTRUCTION AND INSTALLATION OF SAID WATERMAIN TO IN-
CLUDE TRENCH EXCAVATION AND BACKFILL, INSTALLATION OF CAST IRON PIPE
NECESSARY WYES, TEES, CROSSES, VALVES, HYDRANTS, PIPE BEDDING MATER-
IAL AND OTHER APPURTENANT FITTINGS AND WORK THERETO.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Sedivy, Commissioner Grabow, Commissioner Lehrkind, Commissioner Vollmer and Mayor Langohr; those
voting No, none.
Hearing, Resolution No. 1475 - Intent to Create SID 504, Res. No. 1478 Creating Paving:
Portion West Aspen to W. Tamarach between Fifth & Seventh Ave.:
This was the time and place set in Commission Resolution No. 1476 to hear protests to the
creation of Special Improvement District No. 504. Affidavit of publication of Notice and the Clerks
mailing certificate stating that all property owners had been notified as required by law were
presented. The City Engineer presented a written protest filed with the Clerk of the City Commiss-
ion by Herbert and Sue Weber representing 25.12% of the proposed district. Mr. & Mrs. Weber along
with Attorney Lyman Bennett were also present for the hearing. Following a discussion and the City
Commission having determined that the improvements being in the public interest and the protests
having been insufficient, it was moved by Commissioner Grabow, seconded by Commissioner Lehrkind,
that Resolution No. 1478 creating Special Improvement District No. 504 be presented, entitled:
COMMISSION RESOLUTION NO. 1478
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NO. 504 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRU-
CTING AND INSTALLING AN ASPHALT-CONCRETE TYPE PAVEMENT, TOGETHER
WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES
THERETO, TOGETHER WITH NECESSARY STORM DRAINAGE FACILITIES APPURT-
ENANT TO SUCH PAVING ON THAT PORTION OF WEST ASPEN STREET AND WEST
TAMARACK STREET LYING BETWEEN NORTH FIFTH AVENUE AND NORTH SEVENTH
AVENUE .
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those
voting No, none.
.~quest for Easement - Montana Power Company, Country Club Property:
Mr. Chet Beldon, Manager for this division of the Montana Power Company appeared before the
Commission in regard to the request of 28 July 1971 from the Montana Power Company for permission
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to install a permanent power line across the City owned propperty located in NW~SW\, NE~SW\ and
SE\SW\ all located in Section 8, T2S, R6E.
Following an extensive discussion, it was moved by Commissioner Sedivy, seconded by Comm-
issioner Grabow, that the request to erect an overhead power line across City property located on
the east side of Bozeman near the old Country Club be referred back for further study and consider-
ation of placing the line underground and the motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind, Commissioner
Vollmer and Mayor Langohr; those voting No, none.
!!.ear~9rd inunce No. 908 , Appropriation for Fiscal Year 1972:
This was the time and place set for public hearing on the appropriation Ordinance No. 908 for
the fiscal year ending 30 June 1972. Affidavit of publication of Notice of hearing was presented.
No one appeared to verbally protest and the Clerk of the Commission stated no formal protests had
been film in opposition to the adoption and passage of the proposed ordinance and accompanying
annual appropriation budget. In concurrence with the recommendation of the City Manager, it was
moved by Commissioner Grabow, seconded by Commissioner Lehrking, that no protests having been re-
ceived the Clerk of the Commission be authorized and directed to publish the Ordinance as required
by law, Section 11-3319, R.C.M., 1947 and the motion was carried by the following Aye and No vote:
Those voting Aye being Commissioner Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commiss-
ioner Sedivy and Mayor Langohr; those voting No, none.
Cha~~e Order - Seal Coat Proi~~! HB 436-212 (08) - $1, 600.00:
Change Order HB 436-212 (08) for the Bozeman Seal Coat Project prepared by Thomas, Dean &
Hoskins, Inc., to become a part of and subject to the terms and conditions of the original contract
for the construction of the seal coat street improvement, Bozeman, Montana was presented as follows:
1. Description: Seal existing pavement cracks with an asphalt (MC70) and
sand application; and s~er1ize weed growth along the curb
line. To involve entire project (about 100 BlocksL except-
ing Highland Boulevard.
2. Reason: Provide a conditioning of the existing pavement, result in
a more effective seal coat project.
3 Cost: A cost change amount to $1,300 for crack sealing, $300.00
for weed and graSs sterilization.
The City Manager concurred with the engineers and recommended the Change-Order be accepted and
approved as presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer,
that the Change-Order be approved and the Mayor and the Clerk of the Commission be authorized to
sign for the City and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Lehrkind, Commissioner Vollmer, Comm~ssioner Sedivy, Commissioner Grabow and
Mayor Langohr; those voting No, none.
Confirmation of F"~l~efighter G<?rdon Duntsch:
A letter received from Fire Chief Huber, concurred in by the City Manager, informing the
Commission that Gordon Duntsch had completed his probationary period as a member of the Fire De-
partment on 31 July 1971 and recommending that he be confirmed as a regular member of the Fire
Department effective 1 August 1971 was presented. It was moved by Commissioner Vollmer, seconded
by Commissioner Sedivy, that the confirnlation of Gordon Duntsch as a regular member of the Fire
Department be accepted and the motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind
and Mayor Langohr; those voting No, none.
Proclamation -"Better Water for Bozeman" '~'leek - 8-J.._4 August 1971:
Mayor Langohr announced his proclamation of 8-14 August 1971 as "Better Water for Bozeman"
week and sincerely urged all citizens to seek a wider understanding of the contributions, the
services, and the future needs of the Bozeman City Water Works and in lending our aid toward ach-
ievement of its goals. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that
this proclamation of the Mayor be endorsed and the motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind, Comm-
issioner Vollmer and Mayor Langohr; those voting No, none.
~ommission Resolution (Unnumbered) Road Oil Purchase from Highway Commission - Street Depl.:
A resolution authorizing the purchase of not to exceed 25,000 gallons of Road Oil during the
fiscal year - 1 July 1971 to 30 June 1972 - for use by the Street Department in repairing pavement
and for sealing certain sections of existing pavement within the City from the Montana State High-
way Department was presented as follows:
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RES 0 L UTI 0 N
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WHEREAS, the City of Bozeman will have need during the fiscal
year July 1, 1971 - June 30, 1972, for road oils for use in re-
pairing streets and for sealing certain sections of existing pave-
ment within the City, and
WHEREAS, the City of Bozeman does not have proper facilities
for handling and storing the needed quantities of oils, and
WHERAS, the Montana State Highway Department does have storage
facilities and normally does have quantities of the required types
of oils stored in Bozeman from which it can supply the quantities
needed by the City of Bozeman.
NOW, TIlEREFORE, BE IT RESOLVED:
That an emergency does exist relative to the procurement of
road oils by the City of Bozeman and the City Manager is hereby
authorized to purchase from the Montana State Highway Department,
from its stocks in storage in Bozeman, approximately twenty-five
thousand (25,000) gallons of road oil, this to be purchased from
time to time during the fiscal year July I, 1971 - June 30, 1972,
as needed by the City of Bozeman for repair and sealing of existing
pavements, and these quantities of road oils to be purchased at
cost plus normal handling charges.
Passed and adopted by the City Commission of Bozeman, Montana,
at a regular meeting of said Commission held on the 4th day of
Augus t 1971.
It was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the resolution
be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and
Mayor Langohr; those voting No, none.
Authorization to Call for Construction Bids SID 503, Opening Date 1 Septembe~:
BomSale 8 September 1971:
Plans and specifications covering the proposed improvement in Special ~mprovement District
No. 503 for the construction of water mains on North Seventh to North Fifth Avenue from Tamarack
to Juniper Street, prepared by Thomas, Dean and Hoskins, consulting engineers, were place before
the Commission. In concurrence with the consulting Engineers, the City Manager recommended that
the plans and specifications as presented be approved and that a call for construction bids and a
sale of the district bonds in the maximum amount of $24,000.00 be authorized. It was moved by
Commissioner Langohr, seconded by Commissioner Vollmer, that the plans and specifications be app-
roved and the Clerk of the Commission be directed to publish a "Call for Bids" for the construction
of the improvements for the district with an opening date of 1 September 1971 and to advertise for
bids for the sale of the bonds of SID No. 503 in the approximate amount of $24,000.00 to be received
8 September 1971 and the motion was carried~ the following Aye and No vote: those voting Aye being
Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow and Mayor
Langohr; those voting No, none.
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Repo_rts:
The following reports were presented:
Fire Chief
Building Inspector
Library
Fluoridation
The City Manager commented on the reports and recommended the approval thereof. It was moved
by Commissioner Vollmer, seconded by Commissioner Sedivy, that the reports be approved and ordered
filed and the motion was carried by the following Aye and No vote: those voting Aye being Commiss-
ioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind, Commissioner Langohr;
those voting No, none.
Claims for July:
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Claim No's. 705 thru 847 inclusive and 11250 thru 11445 inclusive were presented as follows:
$ 1,546.65
543.85
3,334.88
9,768.11
1,331.55
3,491.54
822.18
1,801.93
2,526.70
Band
Cemetery
Garbage
General
Library
Park
Parking Meter
PERS
Planning Board
Police Reserve
SDS
SID's
Street
Water
Cem. Perm. Care
Fire Relief
New Sewer Const.
$2,262.70
2,817.47
48,959.31
4,279.89
7,613.68
678.01
9,326.73
1,311.09
$102, 416.27
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 directed to issue
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warrants in payment. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow,
that the claims be approved and the motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind, Commissioner
Vollmer, and Mayor Langohr; those voting No, none.
~~~1l2_~!.!L_~E-.A~tend_Le_aguc of Cities L~Oth Annual Meeting - Glendive, 12-14 Augus_~.-=
The Montana Municipal League of Cities has scheduled its 40th Annual Convention to be held in
Glendive, 12-14 August 1971 and the City Manager recommended that members of the City Commission,
the City Manager, and the Recreation Director be authorized to attend the Convention and that the
Ass't. City Manager be designated to perform the duties of the City Manager during this period.
It WaS moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that authorization for the
above to attend the meeting be granted and, it being in the public interest the expenses be paid
from the respective funds and the motion was carried by. the" following Aye and No vote: those voting
Aye being Commissioner Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy
and Mayor Langohr; those voting No, none.
Ad iournme~___
There being no further business to come before the Commission at this time, it was moved by
Commissioner Lehrkind, seconded by Commissioner Vollmer, that the meeting be adjourned and the
motion was carried by
Commissioner Vollmer,
the following Aye and No vote: those voting Aye being Comm~ioner Lehrkind,
Commissioner Sed ivy, Commiss ioner Grabow d"'Uayor Langohr those vo ting No,
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ATTEST':'
none.
/l/
DON
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LANGOHR, JR., May
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Erna V. Harding,
Clerk of the City Commission
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