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Home My WebLink About1972-06-07 272 Bozeman, Montana 7 June 1972 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 7 June 1972, at l:lS o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commiss- ioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, City Manager Fryslie, Ass't. City Manager Keyes, Acting City Attorney O'Connell and the Clerk. Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held 31 May 1972 were approved as read. Hearing Commiss ion Resolution No. 1510 , Intent to Vacate Alleys Block "c" Or1. Towns ite:.. Ordinance No. 921, Vacating Alley, Block "c" OrLTownsite: This was the time and place set in Commission Resolution No. 1510 for hearing protests to vacating that portion of an alley in Block "c" of the Original Townsite of 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. There being no one present to protest and no protests having been filed, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Ord- inance No. 92l, entitled I ORDINANCE No. 921 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THAT PORTION OF AN ALLEY IN BLOCK "c" OF THE ORIGINAL TOWNSITE OF BOZEMAN, MONTANA, RUNNING NORTH AND SOUTH, BEING A PORTION OF AN ALLEY DEEDED TO THE CITY OF BOZEMAN BY THE SECURITY BUILDING INC. AS FILED AND RECORDED IN BOOK 129, PAGE 350, COUNTY CLERK AND RECORDER'S OFFICE, GALLATIN COUNTY, MONTANA. PREPARED by the Acting City Attorney vacating the dedicated alley running North and South from its present location to a position approximately seven feet east or a center line distance of twenty-seven feet east of the present location be passed and adopted and 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. Hearing, Commission Resolution No. 1511, Intent to Vacate Alley, Block A. Harpers Add ition: This was the time and place set for public hearing of Commission Resolution No. l5ll on vacating the north l40 feet of the North-South Alley, Block A, Harpers Addition within the City of Bozeman. Affidavit of publication of Notice and the Clerks certificate stating that all property owners had been notified as required by law were presented. There were no written protests on file. Mrs. Joe McGuire appeared before the Commission to discuss the alley and ask questions in regard to closing of the East-West alley. Mr. & Mrs. Mike Hruska were also present in regard to the vacation of the alley. Following an extensive discussion, it was moved by Commissioner Lehrkind, seconded by Commiss- ioner Vandeventer, that they concur in the recommendation of the City Manager and that the Acting City Attorney be instructed to prepare an Ordinance vacating the above alley and that they pledge to the property owners of that area that the City will do a better job maintaining the alley remaining open. 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. HE?aring, Resolution No. 1512, Zone Change - Fraker Parcel, Ordinance No. 922 Zo~e Change From CIClss "c" To Motor Business: ~---_..........................-_.--_~....-- This was the time and place set for public hearing of Commission Resolution No. l5l2 to reclassify and change from a Class "c" Residential Zone to Motor Business Zone the W~ E~ SW~ SE.t of Section 11, T2S, R5E, M.P.M. except that portion described in book of deeds ll7, page l29, County Clerk and Recorders Office, Gallatin County, Montana. Affidavit of publication of Notice in Re as required by law was pre sented. There were no written protests on file and no one appeared before the Commission to protest the change from a Class "c" Residential to Motor Business. Following a thorough discussion, it was moved by Commissioner Vandeventer, seconded by Commiss- ioner Vollmer, that they concur in the recommendation of the City Manager and that Ordinance No. 922 en ti tled : I I ORDINANCE NO. 922 AN ORDINANCE AMENDING AND CHANGING THE ZONING OF THE CITY OF BOZEMAN BY RECLASSIFYING AND CHANGING FROM A CLASS "c" RESID- ENTIAL ZONE TO MOTOR BUSINESS ZONE THE W~E~SW\SE\ OF SECTION ll, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., EXCEPT THAT PORT- ION DESCRIBED IN BOOK OF DEEDS 117, PAGE 129, COUNTY CLERK AND RECORDERS OFFICE, GALLATIN COUNTY, MONTANA. prepared by the Acting City Attorney as directed by the City Commission be passed and adopted and the I I I 273 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. Hearing, Resolution No. 1513, Intent to Create SID No. 509, Water & Sewer Ma-ns: This was the time and place set in Commission Resolution No. l5l3 to hear protests to the creation of Special Improvement District No. 509. Affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified as required by law were presented. Thexe were no written protests on file. Several property owners were present to discuss the Special Improve- ment District. The owners or potential owners of Lots 3 thru lO, Block 2, University Subdivision appeared before the Commission to request that these lots be removed from this Special Improvement District and that the water and sanitary sewer lines fronting on these lots not be built. Mr. Stephen D. Clark, Lots 2 and 3, Block l, University Subdivision was also present to inquire when they would begin with the construction of Special Improvement District No. 509. Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they delay action on this district for a period of one week. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that they amend the motion as follows: l. That the City Manager investigate the water and sewer installation at the site of Stephen Clark's new home to try to alleviate the problems. 2. That the City acquire an opinion from the Acting City Attorney as to altering the Special Improvement District. 3. That the City reduce all conditions for an Agreement to writing so they can be read at next weeks meeting. On the motion to amend the motion those voting Aye were Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Those voting Aye on the amended mo tion to delay action on the district for a period of one week were Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting No, none. Lic:..~t;' Bonds: Electrician, Midland Electric Co. - $5,000.00; Valley Electric - $S,OOO~OO.: In compliance with chapter lS of the Bozeman Municipal Code, the Certificate of the Midland Electric Company, Billings, in the amount of $5,000.00 and the certificate of Valley Electric in the amount of $5,000.00 was presented. The City Manager reported the Building Inspector had recommended the continuation of the two bonds and the Acting City Attorney had approved the certificates as to form. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bonds be approved and 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. Renewal Lease, Water Shop." to 1977, Myrtle Mackleberg: A Lease Agreement between Myrtle Mackleberg of Bozeman, Montana and the City of Bozeman, for the building located at l09 North Rouse and being used by the Water Department was presented. The Lease Agreement is for a period of five years commencing on the lst day of July 1972, and ending on the 30th day of June 1977. The rental of which is $300.00 per month together with any increase in taxes over the amount assessed against said premises for the year 1967 during the term thereof and is payable monthly in advance on or before the 10th of each month. The Commission concurred with the recommendation of the City Manager and it was moved by Commiss- ioner Lehrkind, seconded by Commissioner Vandeventer, that the Lease Agreement be approved and that the Mayor and Clerk be authorized and directed to sign the lease agreement on behalf of the City and the motion was carried by the following voting Aye and No; those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Final Acceptance - Cemetery Shop BUilding: The Certificate of the engineer of Thomas, Dean & Hoskins, Inc., on the construction of the Cemetery Shop Building by the Edsall Construction Company has been completed in accordance with the terms and stipulations given in the plans and specifications was presented. The cons~ing engineer recommended that the Cemetery Shop Building be accepted and approved by the Mayor and City Commission and the contractor be paid in full within thirty (30) days. The final acceptance and payment does not relieve the contractor of the responsibility for negligence or faulty materials or workmanship within the extent and period provided by law. The contractor has furnished a performance bond equal to the total contract bid to guarantee materials and workmanship for a one-year period commencing upon final acceptance. In concurrence with the recommendation of the consulting engineers also concurred in by the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the project 274 be accepted as completed and the Director of Finance be directed to issue a warrant in payment there- of. 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. Request from Riverside Country Club for Sewage Effluent Disposal: A letter received from Clarence Jensen, Chairman of the Riverside Country Club Board of Directors, requesting permission to use the facility of the sewage treatment plant of the City of Bozeman to I satisfy their needs for sewage treatment was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that they acknowledge receipt of the request and place it under study. 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. Reports: The following reports were presented: Fire Chief Police Judge Building Inspector The City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, 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 Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. Claims: Claim No's. 2212 thru 2336 and l3l88 thru l3377 inclusive were presented. Band $ 2.04 Planning Board $ 3.40 Cemetery 8l4.57 SDS 13,747.17 Cemetery Suspense l20.00 SID'S 112,8l8.77 Garbage 4,482.94 Street l6,497.16 General 10,l04.09 Water 25, SOl. Sl Library 1,564.27 Cemetery Perm. Care 7,226.78 I Park 907.71 Police Reserve 2,568.95 Parking Meter l,l21.64 Dr. Education 3,682.00 PERS 2,380.38 New Sewer Const. 6,925.00 $2l0,468.38 The City Manager checked the claims and found them to be true and lawful claims against the City and recommended they be approved and the Director of Finance be directed to issue warrants in payment. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the claims be approved 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. ^djourn~f!:..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 Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, and Mayor Grabow; those voting No, none. ATTEST: ,t,.) // Cj;, /. '=, (':Yk''-' k' rv ",tt~d,,'*'Y' ERNA V. HARDING, ./ Clerk of the City Commission I