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HomeMy WebLinkAbout1972-05-24 266 Bozeman, Montana 24 May 1972 The COmmission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 24 May 1972, at l:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Comm- issioner Lehrkind, Commissioner Vollmer, City Manager Fryslie, Ass't. 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 17 May 1972 were approved as read. Authorize Absence of Commissioner Vandeventer: In concurrence with the recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the absence of Commissioner Vandeventer be authorized in com- pliance with Section ll-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vollmer and Mayor Grabow; those voting No, none. Hearing, Commission Resolution No. 1509, Intent to Vacate Alley Brady's Rarrangement: This was the time and place set for public hearing of Commission Resolution No. 1509 on vacating a lO' Alley lying North of Lot 1, Block 7, Babcock and Davis Addition and the North lO' of Lots D, E and L of Brady's Rearrangement of Babcock and Davis Addition; also lO' wide North-South Alley between Lots A, B, C, D, and E, F, G, H, and lO' wide North-South Alley lying between Lots I, J, K and L of said Brady's Rearrangement arid Lots 1 thru 5 of Block 7 of Babcock & Davis 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 was presented. A written protest from Don M. Caine re- ceived and filed by the Clerk of the Commission under date of 4 April was presented. No one appeared before the Commission to protest the vacation of the alley. Following a thorough discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they concur in the recommendation of the City Engineer and that the Acting City Attorney be instructed to prepare an ordinance including the City Engineers recommendation that that portion of the alley lying between Lot A and H, and Band C not be vacated. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Comm- issioner Sedivy and Mayor Grabow; those voting No, none. Development..__~f Sour Dough Creek - members of Architect Department: A proposed plan for the development of a path and small park areas along side Sour Dough Creek from Bogarts Grove to Kagy Blvd., for use by pedestrians and bicycle traffic was presented by a group of Architect students. Mr. John DeHaas was also present to discuss and answer questions on the pro- posed plan. The Commission thanked Mr. DeHaas and the Architect students for presenting the plan and stated they would study it further. A Reques t for Curb Cu t of 50' - Securi ty Bank & Trus t Co., A letter received from the Security Bank & Trust Company requesting a zoning code variance from forty- to fifty feet at a new curb opening on East Babcock Street, to be used as a Drive In exit, wa s presented. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that they concur with the recommendation of the City Manager and approve the fifty-foot curb cut variance for a curb opening on East Babcock Street and belonging to the Security Bank & Trust Company. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Commission Resolution No. 151lf, Intent to Create SID 510, Paving & Storm Drain: Thompson's No. !+, Rearrangement of University Subdv. & University No.2 - $709,000.00: COMMISSION RESOLUTION NO. 1514 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NUMBER 510 FOR THE PURPOSE OF CONSTRUCTION AND INSTALL- ING AN ASPHALTIC CONCRETE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE PIPE, INLETS, MANHOLES AND OTHER APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON MASON STREET BE'lWEEN SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE, HEREFORD STREET BETWEEN SOUTH TRACY AVENUE AND SOUTIl ROUSE AVENUE THAT PORTION OF SOUTH TRACY AVENUE, mAT PORTION OF ROUSE AVENUE, THAT PORTION OF LINCOLN AND THAT PORTION OF BLACK AVENUE LYING IN THOMPSON'S 4TH ADDITION AND ON THAT PORTION OF SOUTH ROUSE AVENUE, A PORTION OF EAST GARFIELD AND A PORTION OF LINCOLN AVE- NUE LYING IN UNIVERSITY SUBDIVISION NO. 2 AND THAT PORTION OF SOUTH TRACY AVENUE LYING IN THE 1962 REARRANGEMENT OF BLOCK 2 UNIVERSITY ABDITION. I I I I I I prepared by the Acting City Attorney as directed by the City Commission was presented. The Commission concurred with the recommendation of the City Manager and it was moved by COmm- issioner Sedivy, seconded by Commissioner Lehrkind, that Commission Resolution No. l5l4 be passed and adopted and that Wednesday, 14 June 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 Sedivy, Commissioner Lehrkind, Commissioner Vollmer and Mayor Grabow; those voting No, none. Sidewalk & Curb Program for 1972: The City Engineer completed his survey of Walks and Curbs within the City of Bozeman and re- commendations for repair and/or installation for the eyar 1972. Following a thorough discussion, and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that the City Engineers recommendation for repair and/or installation of "Walks and Curbs" within the City for the year 1972 be taken under advisement but that the Clerk of the Commission be authorized to "Call for Bids" for repair and/or installation of "Walks and Curbs" to be opened on 21 June 1972. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Reappoi~tment of Joe Wantulok, Police Commission - 3 Years to 30 April 1975: The City Manager announced his reappointment of Joseph Wantulok as a member of the Bozeman Police Commission for a three year term from 1 May 1972 to 30 April 1975. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Commission concur in the reappointment of Joseph Wantulok and the motion was carried by the following Aye and No vote: those voting Aye being Comm- issioner Vollmer, Commissioner Sedivy, Commissioner Lehrking and Mayor Grabow; those voting No, none. Discussion on Annexation of Tange's Addition: The annexing of a tract of land known as the Tange Addition was again presented for discussion following telephone conversations with Mr. Tange and the Real Estate representative of Humble Oil and Refining Company. A letter received from the Real Estate Representative of Humble Oil and Refining Company was presented as follows: l. Humble will quit claim deed to the City of Bozeman the south 70 feet of the land now occupied by the service station at proposed Oak Street and North 7th. 2. Humble will accept the unamortized value of the service station im- provements located on the entire site. Said value will be deter- mined at the time Oak Street is constructed. Theapproximate present value of these improvements is $34,000. The rate of depreciation is approximately $3,lOO per year. 3. As consideration for the above Humble will accept merchantable title to a parcel of land contiguous to the present sites north boundary having a frontage of 40 feet on North 7th and a depth of lSO feet. Following a thorough discussion, the Commission concurred with the recommendation of the City Manager and it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they approve the Tange plat and the annexation of the land described within contingent upon Tange deeding a strip of land 40 feet by l50 feet adjacent to the Humble Oil Company property north line, and satisfaction of statutory park dedication requirements. The 40' x l50' land area will then be conveyed to Humble Oil Company in return for a 70' X l50' parcel of land off the south of the present Humble property to be used for Oak street right of way in accordance with terms of a letter from Humble Oil Company dated 19 May 1972. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vollmer and Mayor Grabow: those voting No, none. Appointment of Municipal Band Director; A letter received from Ralph C. Challender, Secretary-Treasurer of the Bozeman Municipal Band, stating the City Municipal Band Board of Directors selected Mr. Skip McIlhattan as Director of the Bozeman Municipal Band for the 1972-1973 season, the term covering a period of one year ending April 1973. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Commission concur in the selection of Mr. McIlhattan and that they also approve the concert schedule as outlined and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Reports: The following reports were presented: Director of Finance Police Court 267 268 The City Manager commented on the 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 Commiss- ioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Acceptance of Utility Easement, S.A.C. Corp.: The Utility Easement and Right of Way Agreement between S.A. C. Inc., and the City of Bozeman for the installation, operating, using, repairing, replacing, maintaining and removing a utility line upon and across their property known as the Rearrangement of the Elks Club Property lying within the City of Bozeman was presented. The City Manager recommended that the City enter into the Agreement as approved by the Acting City Attorney and it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the Utility Easement and Right of Way Agreement be entered into by the City and the Mayor and the Clerk be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vollmer and Mayor Grabow; those voting No, none. Request to Use Bogart Grove Band Stand - Thursday, 1 June 1972, Con-Con Rally: A request from the Bozeman Common Cause members, the League of Women Voters and the American Associated University Women for permission to hold a Con-Con Rally at Bogarts Grove on Thursday, 1 June 1972, was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the request to use Bogarts Grove Band Stand for a Con-Con Rally on Thursday, 1 June 1972, be granted and that the area be restored to a clean and orderly condition following the activities and the motion was carried by the following Aye and No vote: those voting Aye Being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Ad 'journment: There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the meeting be adjourned and the motion was carried by the following Aye and No vote; Those voting Aye being Commissioner Vollmer, Commiss- ioner Sedivy, Commissioner Lerhkind and Mayor Grabow; those voting No, none. ATTEST: -, cr- .. ./ ,0. '._"' Commission I I I