Loading...
HomeMy WebLinkAbout1972-03-08 234 Bozeman, Montana 8 Harch 1972 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 8 March 1972, at l:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Comm- issioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Acting City Manager Keyes, Acting City Attorney O'Connell and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held 1 March 1972 were approved as read. ~~licatjon _!:.?--E.Kennel License - R~lth E. Clark, 1103 Cher.0_pl~ive: The Application from Ruth E. Clark, 1103 Cherry Drive, requesting a Kennel License in accord- ance with Ordinance No. 857, Section 5.l6.040 of the Bozeman Municipal Code, together with the required fee, having been tabled for a week due to the fact that a new ordinance was being prepared to more clearly spell out the guide lines for issuing a Kennel License was again presented. Several neighbors were also present to discuss the seriousness of this problem. Following a thorough discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Dog Catcher personally deliver a letter to be drawn up by the Acting City Hanager informing the owners of dogs and other animals in the new Hyalite View Subd ivision of provisions of the Bozeman Municipal Code concerning dogs and warning them that the Dog Marshall will increase patrolling in the above areas in the hope that it will control the situation before it becomes a major problem. The motion was carried by the following Aye and No vote; Those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. It was then moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request of Ruth E. Clark, 1103 Cherry Drive be denied for the following reas::ms: 1) Personal Inspection of your premises by Jim Stanley, the Dog Marshal, on February 2if, and by Robert K. Johnson, Chief of police, on March 7, revealed that your yard is in a very unsanitary condition. 2) ~vo owners of property in your area stated that the odors and barking of your dogs were objectionable to them. It shall be unlawful for any person or family to keep, harbor or maintain any number more than two dogs over six months of age whether licensed or notupon any premises. This section shall not apply to licensed veterinary hospitals but is intended to apply to keeping or maintaining a dog kennel and breeding dogs which are hereby declared to be nuisances unless licensed. After permission granted by the City Commission, after Hpplication and hearing, a kennel license shall be required when the applicant owns, harbors or keeps three of more dogs and shall be authorized or refused at the sole discretion of the City Commission The City Commission has given him until 1 April 1972 to comply with the Above section. The Commission also ins truc ted the acting City Manager to Notify Ruth E. Clark to comply with the provisions of Section. S . 16 . t+O of the Bozeman Municipal Code by 1 April 1972 . The motion was carried by the following Aye and No vo te : those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Grabow; those voting No, none. Anne_~~!:.-io~,--2l_I~~__~?-~, Add it i.on: The request from C~rl Tange to annex a tract of land of approximately thirty acres lying northerly and westerly of the present City Limits and known as the Tange Addition was again pre- sented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request be again tables until the desired information is received. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. 132zE;Elan_ Jny~ee~_~eC]uest to Sell HoneY-13cars 1 JZe~!!~_iY_Xol1nclatiot~_ for .!.ctar~ecl _.Ch_g~1E_~=-1]_: A request from the Bozeman Jaycees to sell Honey Bears in connection with the Kennedy Found- ation for Retarded Children on lO-ll-12 March 1972 was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that permission to sell the Honey Bears be granted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. }:{eque~_ f~J:'_J:l.o bi..le Sign Permi t __::-~i 11_l:!~.E.ri c k :, A request from William A. Merrick for the placing of Mobile Signs within the City of Bozeman 'vas presen ted. I I I I I I Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the request be granted with the following conditions: l) That these signs be placeJentirely on private property and not on public property or in the street right of way. 2) That the annual fee of $lO.OO per sign be paid before operation. 3) TIlat Don Barrick, the Building Inspector, be called to inspect the placement of electrical locations at each location. 4) That insurance be carried and that the City be held harmless from any liability which may arise from the operation of these signs. The motion was carridby the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vollmer and Mayor Grabow; Commissioner Vandeventer abs talned. Pr-2c1am~tion of Girl Scout Heek, 12-18 March 1972: Mayor Grabow announced his proclamation designating the week of l2-18 March as Girl Scout Week recognizing sixty years of service to girls aged seven through seventeen and urged all citi- zens to support this worthy youth organization. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Mayor's proclamation be endorsed and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Lehrkind, Commissioner Vande- venter, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. fgnf'xma t ion 0:' FirefjJ~bt:er Dennis Kinca id and Terry Sutherlano of 1 Harch 1972: A letter received from Fire Chief Huber, concurred in by the Acting City Manager informing the Commission that Dennis Kincaid and Terry Sutherland had completed their probationary period as members of the F:re Department as of 1 March and recommending that they be confirmed as regular members of the Fire Department effective 1 March 1972 was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the confirmation of Dennis Kincaid and Terry Sutherland as regular members of the Fire Department be accepted and they be commended on completing the probationary period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Otdin~No. 915 - Dog Kennels: Amending Title 5, Chapter 5.16: Ordinance No. 915 prepared by the City Attorney amending Title 5, Chapter 5.l6 of the Bozeman Municipal Code by defining a dog kennel and establishing standards and proceedures for the issuance of a license to maintain a dog kennel was presented. Fo llowing a review of the Ord inance prepared by the Ac ting City Attorney, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Ordinance he taken under advisement for a week and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. 9-.~ina~s..t;_ No. 916_.:- Ad~tion of 1970 Edition of Uniform Bunding _~od~: Ordinance No. 916 repealing Ordinance No. 868 and adopting the 1970 Edition of the Uniform Build ing Code of the Ci ty of Bozeman was presented as follows: Em1MmMMmM~ ORDINANCE NO. 916 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REGULATING THE ERECTION CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, MOVING, REMOVAL, DE- MOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF BOZEMAN, MONTANA: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 868 OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Following a thorough discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Ordinance No. 916 be adopted in its entirety and the motion was carried by the following Aye and No vote: those voting f\ye being Commissioner Sedivy, Commissioner Lehrkind, Comm- issioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. :~l_J~C?_~J~~~t:,:! on.. to Pu r~hasc2Q.2i!l' x3 /_~...Ji. a tl?L_Me ~~ App rox. ~!..' 100 . 00 :_ The Water department has need for 30 5/8' x 3/4' Hater Meters at an approximate cost of $1,100.00 and the Acting City Manager requested authority to purchase the meters. It was moved by Commissi.oner Lehrkind, seconded by Commissioner Vandeventer, that the Acting City Manager be given authority to purchase the water meters at an approximate cost of $1,100.00 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commiss- 235 236 ioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. 0_~.tl_~inua.tilJ)n~.2.~1. Ne5'! Hannix Elcc tric L.. $5_LOOS~.: 00: In compliance with Chapter l5 of the Bozeman Municipal Code, :he Electrical Bond of New Mannix Electric, Bozeman, was presented. The Acting City Manager stated the Building Inspector had re- commended approval of the above mentioned bond and the Acting City Attorney had approved the bond as to form. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the continuation bond be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. ~~:~h~_!:~.~l..,~.~"9P__~.Q. Ha ~~2__.Q.~ r~~ Rc_~5J2.~_.2J__yund.1!- for_l'c l~~__~ys tem: It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Mayor be auth- orized to sign a Waiver of Acknmvledgement waiving the Direct receipt of funds from the Governor's Crime Control Commission and acknmolledge that fund> provided to the law enforcement teletype system, Office of Attorney General, be provided for the direct benefit of the local teletype station. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkincl, Commissioner Vandeventer and Mayor Grabow; those voting No, none. ~l!:> i. n tr:1C}~'~n-'~ n_~ Re ~ i n tl~13"~~~_s__ to.,!a_rL o~~_~~~I(~~. : Mayor Grabow announced his appointments and reappointments to various City Boards as follows: Band Board - Charles W. Lacy to replace Robert McCulloch who has retired and will not be residing in Bozeman permanently to l2/3l/74 - Rolfe Johnson to l2/31/7l~ Board of Adjustment - Luther D. Reel to l2/3l/74 Cemetery Board - Scott W. Callin to l2/31/74 Park & Recreation - John G. Parker to l2/3l/7L~ - John W. "Brick" Breeden to l2/3l/74 It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they concur in Mayor Grabow's appointment and reappointments and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vande- venter, Commissioner Vollmer and Mayor Grabow; those voting No, none. r'-!J?_o.I,--~ The acting City Manager commented on the following reports and recommended approval thereof. Fire Chief Police Court Fluoridation It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, 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 Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commiss- ioner Sedivy and Mayor Grabow; those voting No. none. C l.1L!T1s : Claim No's. l2620 thru l2802 and 1805 thru 1939 inclusive were presented. Band Cemetery Garbage General Library Park Parking Meter PERS Planning Board $ 18.28 8,363.4l 2,205.85 l8,679.06 l,235.69 l, 598.77 669.96 2,065.75 3.85 $ 2,568.95 3,830.17 5l,800.26 5,757.79 6,342.51 5,850.58 l,165.00 298.92 285.36 Police Reserve SDS SID's Street Water Cemetery Perm. Care Driver Education New Sewer Cons t. Park Land Trus t $112, 740. l6 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 warrants in payment. It was moved by Commissioner Vandeventer, 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 Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. ~(;':,5Ltlest.....!~ol_~IQ_'s to Constr\lct_Set~:..h~L~_~r.-~nd P~vJnp; --=-- Thonp'sons Fo_'::!.rth Additj.:.<2.t1.: ft. letter received from Herbert Thompson for the creation of Special Improvement Districts for the installation of Sewer, Hater Lines and Paving on all that portion of South Rouse Avenue of the City of Bozeman, lying South of Garfield Street and north of Kagy Lane, and all that portion of I I I I I I East Lincoln Street, lying westerly of South Rouse Avenue and easterly of South Montana Avenue was presented. Following a discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollluer, that the City Engineer and the Acting City Attorney be instructed to prepare the necessary estimates and resolutions initiating the Special Improvement Districts for the installation of Sewer, Water and paving for this area. The motionwas carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. i\t~~h2_rity toS~gn Plat - Re-A'rrnr:!B.ement of the Elks Club PrQ.E..erty: The final plat of the Re-Arrangement of the Elks Club Property was presented along with the favorable recommendation of the City-County Planning Board. Following a discussion and noting that the plat conformed generally with the plat of the Area, the Acting City Manager recommended that he be authorized and directed to sign the Re-Arrangement of the Elks Club Property as the Director of Public Service. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Plat be approved and the Acting City Manager be authorized and directed to sign the Plat as the Director of Public Service. Commissioner Vollmer and Mayor Grabow voted Aye; Commissioner Sedivy, Commissioner Lehrkind and Commissioner Vandeventer abstained. The motion failed for lack of three affirmative votes. ~.<-tto~_E51FlC r~!..:_ There being no further business to come before the Commission at this time, it was moved by Commissioner Sedivy, 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 Sedivy, Commiss- ion Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. WILLIAM E. GRABmJ, l1a or ATTEST: ( .') /;'~/ Commission 237