HomeMy WebLinkAbout1972-02-02
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Bozeman, Hontana
2 February 1972
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 2 February 1972, at 1:l5 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy,
Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Acting City Manager Keyes.
Acting City Attorney O'Connell and the Clerk.
Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had:
Minutes of the regular meeting held 26 January 1972 were approved as read.
Reques t to "Jns tall Flag Holders - Bozeman Jaycees:
A request from the Bozeman Jaycees for the installation of a more permanent type of Flag holders
was presented. A recess was declared by the Commission for the purpose of examining the sample flag
holder installed on the meter pole in front of the Municipal Building on East Main Street.
The meeting was reconvened and a short discussion was held in regard to the installation of the
flag holders. The Commission concurred with the recommendation of the Acting City Manager and it was
moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request to fnstall the
more permanent flag holders be granted on a permanent basis with the clause that the situation be
reviewed annually and the Jaycees naming someone to be contacted if the flags are blown down or left
up after daylight hours. 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.
Utility Tie-ON Agreements: Montana Industrial Development Corp. (2), Paul Carter, Lynn Taylor:
Four "Utility Tie-On Agreements" were presented providing for Montana Industrial Development
Corporation (2), Paul Carter and Lyn Taylor who signed waivers of protest to annexation to connect
at their own expense the property located north of the City of Bozeman with the existing sewer lines
of the City of Bozeman or their extensions pursuant to the provisions and authority given by Section
ll-lOOl, R.C.M., 1947, and as amended by the 1971 Legislative Assembly. Del Lichtenberg and Joseph
Sabol were also present to discuss the Agreements and answer any questions.
During the discussion, Commissioner Lehrkind raised the question as to whether a Waiver of Pro-
test on creation of a Special Improvement District to install larger water mains to service the area
at the time of annexation should be obtained. Acting City Attorney O'Connell felt that this could be
done.
Following a thorough discussion, the Acting City Manager recommended that the four Utility Tie-
on Agreements having been executed by the property owners be approved with a rider attached as follows.
(1) Upon completion of construction they would deed the complete sewage system
outside of their property to the City. quantity and
(2) That the City reserve the right to limit the/type of sewage that would be
introduced into the mains.
It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the four Utility
Tie-On Agreements be approved with the above riders and the Mayor and the Clerk of the City Commiss-
ion be authorized to sign for the City and the motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner
Van~eventer and Mayor Grabow; those voting No, none.
Confinlation of Stanley Preston Tenney as Regular Police Officer:
The Chief of Police reported that Police Officer Stanley Preston Tenney had satisfactorily com-
pleted the required six month probationary period and recommended that Officer Tenney be confirmed as
a regular officer of the Police Department effective 1 February 1972. The Acting City Manager announced
that he concurred in the recommendation of the Chief of Police. It was moved by Commissioner Sedivy,
seconded by Commissioner Lehrkind, that the confirmation of Police Officer Tenney be approved and that
he be congratulated on completing the six month probationary period and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Comm-
issioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none.
Ordinance No. 913: Adoption of 1971 Edition of National Electrical._C2.ode:
Ordinance No. 913 adopting the National Electrical Code; providing for sub-ordination of Bozeman
Electric Code to rules and regulations of the Montana State Electric Boardwas presented as follows:
A'N ORDINANCE ESTABLISHING A NEW BOZEMAN ELECTRIC CODE: ADOPTING THE NATIONAL
ELECTRIC CODE; PROVIDING FOR SUBORDINATION OF BOZEMAN ELECTRIC CODE TO RULES
AND REGULATIONS OF THE MONTANA STATE ELECTRIC BOARD, AMENDING TITLE l5, CHAP-
TER 15.04 OF THE BOZEMAN MUNICIPAL CODE AND REPEALING ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH
It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Ordinance
be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye
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being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy
and Mayor Grabow; those voting No, none.
Q.rdin~tJE..~ No.~, 914:__,.j\doption of 1970 Edition of Uniform Mechanical Code:
Ordinance No. 914 regulating and controlling the design, construction, installation, quality
of materials, location, operation and maintenance of heating, ventilating etc. was presented as follows:
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA REGULATING AND CONTROLLING THE
DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION,
AND MAINTENANCE OF HEATING, VENTILATING, COMFORT COOLING, REFRIGERATION SYSTEMS,
INCINERATORS, AND OTHER MISCELLANEOUS HEAT PRODUCING APPLIANCES 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. 886 OF THE CITY OF BOZEMAN AND ALL OTIlER ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH.
Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vande-
venter, that the Ordinance be passed and adopted 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.
Commission Resolution No. l501, - Setting Date, Maturity Date & Amount of Bonds SID No. 50l~:
Commission Resolution No. l504 authorizing the issuance of bonds of Special Improvement District
No. 504 was presented as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE,
MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS ']I) BE ISSUED IN SPECIAL IM-
PROVEMENT DISTRICT NO. 504
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It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution be
passed and adopted 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.
Comm:i~s.,~.L~~_lle~tion No. 1505 - I1tent to Create SID No. 506 Cmb & Gutters: \-Jest Main St:. $7,500.00:
Commission Resolution No. 1505 set forth in full:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE
THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 506 FOR THE PURPOSE OF
CONSTRUCTION AND RECONSTRUCTION OF AN ASPHALTIC-CONCRETE PAVEMENT INCLUDING I
INTREGAL CONCRETE CURB AND GUTTERS ON U. S. HIGHWAY 19l AND MAIN STREET BEGINN-
ING AT FIFTEENTH AVENlJEAND EXTENDING WESTERLY THEREFROM A DISTANCE OF .545 Miles.
as prepared by the Acting City Attorney was presented.
It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution be
that 23 FeQruary 1972 be the date set for publi~ hearing
passed and mdmpmed/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
Conll!1}ssI.on Resolul~_lio-=-_1506 ::.-l~_~ent !:o Create SID No. 507 Curb,& Gutters: 89. 11th j\v,=-=-_$2,500.00:
A RESOLUTION OF TIlE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO
BE THE INTENTION OF TIlE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IM-
PROVEMENT DISTRICT NO. 507 FOR THE PURPOSE OF CONSTRUCTION OF AN ASPHALTIC
PAVEMENT INCLUDING CONSTRUCTION OF INTREGAL CONCRETE CURB AND GUTTERS ON
ELEVENTH AVENUE BEGINNING AT THE NORTHERLY LINE OF WEST CURTISS STREET AND
EXTENDING NORTHERLY FOR A DISTANCE OF l,372.8 FEET.
as prepared by the Acting City Attorney was presented. In concurrence with the recommendation of
the Acting City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer,
that the Resolution be passed and that 23 February 1972 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 Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting
No, none.
~!.::i;.~_a_tJon.-__ig_r_)ZenIl_el L:i;.cense, Mrs. Rdph !CencI,", 1317 ~-Jes t: _ A 1derson Avenue:
An application received from Mrs. Ralph Kenck, 1317 West Alderson requesting a kennel license
in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with
the required fee was presented. The Acting City Manager and the Chief of Police stated they were
not aware of any reason to deny the kennel license and it was moved by Commissioner Vandeventer,
seconded by Commissioner Vollmer, that the above application be approved and the Director of Finance
be instructed and directed to issue a license in accordance therewith. 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.
[':2E~cu~_~E!~:~!~~~~i.tJ~}:!.q.ntalla Hip;htvay Connnission, Project No. 212(15) HB 436-254 Funds -
CUI.;.b0 Gut:.!~E.!;_ No~_llth Av~~:
Project Agreement liB 436-254 for the Montana State Highway Project No. 212(15) for the con-
struction over and upon the streets of Bozeman and including a portion of curb and gutter on U.S.
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449 (1), 11th Avenue from Station ll=10.0 to station l3+72.8 or 609.7 linear feet in the amount
of $534.50 was presented.
Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy,
that the City enter into the Agreement and the Mayor and the Clerk of the Commission be authorized
and directed to execute the documents for the City of Bozeman and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Comm-
issioner Lehrkind, Conmlissioner Vandeventer and Mayor Grabow; those voting No., none.
Pr().cl'?El~t).on_L._'_'^m.!:.r.ican Heart Honth" February 1972, "Heart Slmday'1.-!]_ Feb~1C1rL1972:
In accordance with the American Heart Association, Mayor Grabow proclaimed the month of February
as "American Heart MOnth" and l3 February to be ''Heart Sunday." I t was moved by Commissioner
Sedivy, seconded by Commissioner Lehrkind, 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, Comm-
issioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting
No, none.
1l~_2.~ t S :
The following reports were presented:
Fire Chief Fluoridation Building Inspector
The Acting City Manager commented on the above reports and recommended approval thereof. 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 beipg Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy
and Mayor Grabow; those voting No, none.
Ad j,o};!.rgElen t :
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vandeventer, seconded by Commissioner Vollmer, that the meeting be adjourned and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande-
venter, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those
voting No, none.
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ATTEST:
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6;Hd-1;r~
ERNA V. HARD NG,
Clerk of the City Commission
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