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HomeMy WebLinkAbout1971-10-20 186 MINUTES OF THE MEETING OF TIlE CITY COMMISSION 20 Oc tober 1971 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 20 October 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 Grabow opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held 13 October 1971 were approved as read. I Mobile Home Court - Rocky Creek Mobile Home Ranch: The final plat of the Rocky Creek Mobile Home Ranch in the amount of 4.2 acres, located on the northeast corner of the City Limits and owned by Ruben Mehlhaff and R.W. Howell was presented along with a letter of disapproval from the City-County Planning Board as follows: 1. The area does not comply with the ten acre requirement of the Mobile Home Park Ordinance. 2. The area appears to be in the flood plain of Rocky Creek. 3. Most important, in the opinion of the Planning Board: There is improper access to this deve 10pmen t. Following an extensive discussion, the Commission concurred with the recommendation of the City Manager of the City of Bozeman that the discrepancy between the City's zoning codes and subdivision regulations be revised to eliminate the conflict. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that they approve the plat of the Rocky Creek Mobile Home Ranch, contingent upon the developers resolving the defficiency of public access to the courts and the Commission express deep concern for the development being located upon the fbod plain of Rocky Creek. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Vollmer, Commissioner Lehrkind and Mayor Langohr,; those voting No, none. Mobile Home Court - Teepee Trailer Court: The plat of the Teepee Mobile Home Park on the western edge of the City and being developed by McKinley Anderson was presented along with a letter from the City-County Planning Board recommending that the Connection of the City sewer system be delayed for further review. Following I a discussion, similar to the matters considered about the Rocky Creek Mobile Home Ranch, it was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the connection of the City sewer system be approved contingent upon the City Engineer approving the manner in which they are connected to the sewer. It was further recommended that the Teepee Mobile Home Co~rt Final Plat be submitted to the Planning Board for review in light of other provisions of the subdivision regulations. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Grabow, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vollmer and Mayor Langohr; those voting No, none. !!.f:"!_aring & Final Adoption - Resolution No. 1482 Assessing SID No. 499: This was the time and place set for hearing on levying assessment for construction of Special Improvement District No. 499, Resolution No. 1482 in the final amount of $65,210.55. Affidavit of publication of Notice was presented. No one was present to protest and there being no written protests on file, Resolution No. 1482 was presented for final passage. It was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the resolution be finally 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. Hearing & Final Adoption Resolution No. 1483 Assessing SID 498: $17,578.72 This was the time and place set for public hearing on levying the final assessment for construction of Special Improvement District No. 498 in the final amount of $17,578.72. Affidavit of publication of Notice was presented. No one was present to protest and there being no written protest on file, Resolution No. 1483 was presented for final passage. It was moved by Commissioner Lehrkind, seconded I by Commissioner Vollmer, that the resolution be finally passed and adopted and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Grabow, Commissioner Sedivy and Mayor Langohr; those voting No, none. Hearing & Final adoption - Resolution No. 1484 Asse!sing SID 500: $29,612.36 This was the time and place set for public hearing on levying the final assessment for construction of Special Improvement District No. 500 in the final amount of $29,6l2.36. Affidavit of publication of Notice was presented. No one was present to protest and there being no written protest on file, Resolution No. 1484 was presented for final passage. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution be finally passed and adopted and the motion was carried I I I 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. Hearing & Fina.l..M,option - Resolution No. 1485 assessing SID No. 501: $lS,889.21: This was the time and place set for public hearing on Levying the final assessment for construction of Special Improvement District No. 501 in the final amount of $15,889.21. Affidavit of publication of Notice was presented. No one was present to protest and there being no written protests on file, Resolution No. 1485 was presented for final passage. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that the resolution be finally passed and adopted 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. ~E:2-Eins Resolution No. llf86 - Assessing \valks _ and Curbs - $18 , 565.29;.. This was the time and place set for hearing protests on levying assessment for the cost of repair, replacement or construction of sidewalks and curbs for the year 1971 in the amount of $18,565.29. Affidavit of publication of Notice was presented. No one protested in person and no written protest, having been filed, Commission Resolution No. 1486 as presented and provisionally passed at the meeting of 13 October 1971 was presented for final passage. It was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the resolution be finally passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vollmer and Mayor Langohr; those voting No, none. Resoluti.on No. 11+87 - Assessing Garbage Collection & Removal Sl25,350.67; hearing October 27, 1971: Resolution No. 1487 levying the Garbage assessment in the amount of $125,350.67 was presented. A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE HAS COLLECTED AND REMOVED DURING THE YEAR L(&L, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the resolution be provisionally passed and adopted and 27 October be set as the date for the public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow and Mayor Langohr; those voting No., Resolution No. 1l+93 - Intent t_o Cre~te SID No. 505 - Water Nain on South 20th Ave_~..1.. ! RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOHN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 505 FOR THE PURPOSE OF INSTALLING A SIX (6) INCH WATER'MAIN ON SOUTH'lWENTIETH (20) AVENUE BElWEEN WEST BABCOCK STREET AND HEST COLLEGE STREET FOR THE PURPOSE OF PROVIDING ADJOINING PROPERTY DOMESTIC HATER SERVICE AND FIRE PROTECTION, THE INSTALLATION AND CONSTRUCTION OF SAID WATERMAIN TO INCLUDE TRENCH EXCAVATION AND BACKFILL; INSTALLATION OF CAST IRON PIPE, NECESSARY TEES, VALVES, HYDRANTS, PIPE BEDDING MATERIAL AND OTHER APPURTENANT FITTINGS AND WORK THERETO. PREPARED by the City Attorney as directed by the Commission was presented. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Resolution be passed and that 10 November 1971 be the date set for public hearing and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Grabow and Mayor Langohr; those voting No, none. Re~2...~~ion~J-..49!+ - Intergovenmental Personnel Act to Montana League of Cities: Resolution No. 1494 for the purpose of providing funding to improve public services rendered by all levels of government and to be supported by local government was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that the Commission support the concept that local government planning monies, namely the Intergovernmental Personnel Act of 1970 funds not be apportioned in small amounts to units of local government, in a manner which would inhibit the development of a desirable, coordinated and comprehensive personnel program, and its support of the proposal of allowing said local government Intergovernmental personnel Act fund to be directed to the Montana League of Cities to be used by said League to develop a local governmental Personnel program in cooperation with the State of Montana. 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. J. B. Phillips - Parking Trailer in the Parking Lot of Parkway Grocery: Mr. J. B. Phillips was again present at the Commission meeting. Mayor Langohr informed Mr. Phillips, that if his reason for appearing was to pursue the possibility of parking a trailer in the parking lot at Parkway Grocery he would not be heard because this issue as far as the City 187 .188 government was concerned, was concluded last week after a lengthy discussion. In the judgement of both the City Manager and the City Commission, the application is expressly and by implication denied by the Bozeman Municipal Code. Easement for Water Lines: David M. & Dorothy Fraker First United Methodist Church First National Bank, Trustee, Etal Gallatin Equipment Co. The Water Line and Right-of-Way Easements from each of the above property owners for the installation of waterlines and appurtenances thereto upon and across their property lying within I the City of Bozeman, County of Gallatin, State of Montana, was presented. The City Manager recommended that the City enter into the Agreements approved as to form by the City Attorney and it was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the Water line and Right-of-Way Easements be entered into by the City and the Mayor and the Clerk be authorized and directed to sign for the City and that the claims for the following easementsbe approv- ed and ordered paid. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. David M. & Dorothy Fraker First United Methodist Church Frist National Bank, Trustee, Etal Gallatin Equipment Co., Pr(~.iec!-~.&!.eel!1~!:.- HE t+36-~Pro je<:;.t 212_tt~L_=----.:ll!lJ:!g~J~..?-ID: . Bou~evard: Project Agreement HB 436-254 for the Montana State Highway Project No. 212 (14) for the con- struction of streets of Bozeman and including labor, equipment and material to gravel surface Kagy Boulevard from Highland 825 feet east by Gallatin County Road Department in the approximate amount of $1,999.49 was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the contract documents be approved as presented and that the Mayor and the Clerk of the Comm- " ission be authorized to sign the Agreements for the City of Bozeman and the motion was carried by 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. Repor ts: The following reports were presented: Director of Public Service Cemetery I The City Manager commented on the above reports and recommended 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 Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind and Mayor Langohr; those voting No, none. Pro~ama ti<?n - American Eluca tion Week, 2/,-30 ()c tober 1971: In accordance with the request of the American Legion Auxiliary, Gallatin Unit No. 14, Mayor Lan- gohr proclaimed the week of 24-30 October 1971 as "American Education Week" in the City of Bozeman and called upon all citizens of Bozeman to join in the observance of this proclamation. It was moved by Commissioner Grabow, seconded by Commissioner Sedivy, that the Mayor's proclamation be endorsed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Vollmer, Commissioner Lehrkind and Mayor Langohr; those votong No, None. Bond & Oath of Qffice - Director of Finance, William J. Verwolf: The Official Surety Bond and Oath of Office in the amount of $60,000.00 written by Western Surety Company as required by Ordinance No. 524, Chapter 2.08.320 of the Bozeman Municipal Code for William J. Verwolf for a period of one year from l2 October 1971 and approved as to form by the City Attorney was presented. It was moved by Commissioner Grabow, seconded by Con~issioner Lehrkind, that the bond be approved 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. Claims: Claim No's. 11882 thru 11892 inclusive were presented as follows: I Bimd $ 1.28 Parking Meter $ 137.57 Cemetery 563.69 Planning Board 8.35 Garbage 1,243.43 SDS 716.72 General 3,020.57 Library 227.55 Park 796.61 S tree t 1,377.92 Water 1,356.77 PERS 1,977.99 SID Revolving 300.00 $11,728.45 The City Manager checked the claims and found them to be true and lawful claims aga ins t the City of Bozeman and recommended they be approved and the Director of Finance be directed to issue warrants in payment. II I I It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the claims be approved and the motion was carried by 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 Ad journment: There being no further business to come before the Commission at this time, it was moved by Commissioner Lehr~ind, seconded by Commissioner Vollmer, that the meeting be adjourned and the motion was carried by Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy, Commissioner voting No, none. ATTEST: ~/~~ Erna V. Harding, Clerk of the City Commission ~ 189