HomeMy WebLinkAbout1972-07-26
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Bozeman, Montana
26 July 1972
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building. 26 July 1972, at 1:l5 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Comm-
issioner 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 19 July 1972 were approved as read.
Authority to Purchase Fire Department Uniforms, $1,357.20:
The City Fire Department has a need for uniforms for members of Fire Department in the estimated
amount of $l,357.20. Following recommendation by the City Manager, that the purchase of the uniforms
be authorized as an item of the 1972-1973 budget, it was moved by Commissioner Sedivy, seconded by
Commissioner Lehrkind, that the above purchase be approved and the motion was carried by the following
Aye and No vote: those voting Aye being Commissioner Sedivy, COmmissioner Lehrkind, Commissioner
Vollmer, Commisioner Sedivy and Mayor Grabow; those voting No, none.
Hearing, Resolution No. 1519 - Intent to Annex Tai Lane & Boylan Addition:
Resolution Nn. l525 - Annexing Tai Lane & Boylan Addition:
During the regular session of the City Commission held on 28 June 1972, the Commission regularly
passed and adopted Commission Resolution No. l5l9 declaring its intention to extend the boundaries of
the City of Bozeman so as to include approximately 38.87 acres to be known as the Tai Lane Addition
and Boylan's No. 1 Addition. This being the date set for public hearing 8S set forth in said Comm-
ission Resolution No. l5l9, affidavit of publication of Notice and the Clerks mailing certificate
stating that all property owners had been notified was presented. There being no written protests on
file and no one present to protest the annexation of the above property, Commission Resolution No.
l525 to accomplish the requested extension of the City Limits and complete the action was presented,
entitled:
COMMISSION RESOLUTION NO. 1525
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE
BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE
CERTAIN TRACTS OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND
HEREIN MORE PARTICULARLY DESCRIBED, WITHIN mE CORPORATE LIMITS
TIlEREOF .
It was moved by COmmissioner Lehrkind, seconded by Commissioner Vandeventer, that the resolution
be passed and adopted 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.
Hearing, Resolution No. l520 - Intent to Annex Remington Addition:
Resolution No. l526 - Annexing Remington Add it ion :
During the regular session of the City Commission held 28 June 1972, the Commission regularly
passed and adopted Commission Resolution No. 1520 declaring its intention to extend the boundaries
of the City of Bozeman so as to include approximately l6,028 acres to be known as the Remington
Addition. This being the date set for public hearing as set forth in Commission Resolution No. l520,
affidavit of publication of Notice and the Clerks mailing certificate stating that all property
owners had been notified was presented. There being no written protests on file and no one having
appeared in person to protest the annexation of the above property, Commission Resolution No. l526
to accomplish the requested extension of the City Limits and complete action was prepared by the
Acting City Attorney, entitled:
COMMISSION RESOLUTION NO. 1526
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE
BOUNDARIES OF TIlE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE
CERTAIN TRACTS OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND
HEREIN MORE PARTICULARLY DESCRIBED, WITIlIN TIlE CORPORATE LIMITS
THEREOF.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Resolution
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.
Warrant Deed - Eugene & Genevieve Graf, William Boyd & Norma M. Boylan, Five "C" Coreoration:
Warranty deeds whereby Eugene & Genevieve S. Graf, William Boyd and Norma M. Boylan and the Five
"C'c" Corporation granted unto the City of Bozeman a total of 2.519 acres of land to be used for
Street purposes (Kagy Blvd., from South Eleventh Avenue to South Nineteenth Avenue) for use by the
public forever was presented.
Following 8 discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy,
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that the three warranty deeds be accepted and filed. The motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehr-
kind, Commissioner Vandeventer and Mayor Grabow; those voting No, none.
Consideration of Request to Vacate Alley, Block l, North Seventh Addition:
Mr. Allen Johnson and Mr. Herbert Hoey appeared before the Commission to advise them that they
have decided to withdraw their request to vacate a portion of the alley in Block 1 of the North
Seventh Addition to Bozeman. They stated they would get together with the Engineering Department
on the grades to be used and that the alley will be used for turning around in and they will be able
to park on their own property.
Request to Change Zoning "A" to "B" Residential 8.5 Acres College Street - 19th Avenue:
The request from Mr. James T. Goodrum, Vice President of Marketing, Dan J Brutger, Inc., that
a tract of land consisting of 8 l/2 acres located northeast of the intersection of College Street and
South Nineteenth Avenue be changed from "A" zone to "B" zone having been referred to the Bozeman
City-County Planning Board for its consideration and recommendation was again presented along with
a favorable recommendation for the zone change from the City-County Planning Board.
The City Manager after consulting with the Acting City Attorney recommended that the City COmm-
ission hold a public hearing whereby interested parties may make their views known on this proposed
zoning change.
Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind,
that the Commission concur with the recommendation of the City Manager to hold a public hearing and
that the Clerk of the Commission be instructed and directed to publish a "Notice of Public Hearing"
to be held in the Commission Room at 1:30 o'clock p.m. on the l6th day of August, 1972. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commiss-
ioner Lehrkind, Commissioner Vanderventer, Commissioner Vollmer and Mayor Grabow; those voting No, none.
Authority to Call for Bids - Gravel, DB 254 Funds:
plans and Specifications covering HB 254 for construction and maintenance of Streets and Alleys
in various sections of the City, prepared by the engineers and approved by the State Highway Depart-
ment were placed before the Commission.
In concurrence with the City Engineer, the City Manager recommended that the plans and specifi-
cations as presented be approved and that a "Call for Bids" for the project be authorized. It was
moved by Commissioner Lehrkind, seconded by COmmissioner Vandeventer, that the plans and specifi-
cations be approved as presented and the Clerk of the Commission be directed to publish a "Call for
Bids" for gravel to be used for street and alley maintenance with an opening date of 16 August 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.
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Change Order No.1 & 2, SID 502, $l3,064.95 and $3,284.99:
The Change Orders No.1 and 2 on SID No. 502 as prepared by Thomas, Dean & Hoskins, Inc., to
become a part of the original contract for construction of improvements in the project described was
presented as follows:
Change Order No.1:
Description: Changing of 240 sq. yds. of Type l, Pavement Replacement
to l2" (Full depth asphalt - 4 Lifts.) .."
(t':" ,,,",
Changing of 10lB sq' yds of Type 2, Pavement to .40 of
asphalt mat over a 0.35 gravel base.
Cost: $13,064.94
Ch~nge Order No~-1l
Description: Lump sum, for relocation of water line on the MSU campus.
Required additional items.
Cost: $ 3,284.99
The City Manager concurred with the engineers and recommended that Change Orders No. 1 and 2 be I
accepted and approved as presented. It was moved by Commissioner Vandeventer, seconded by Commiss-
ioner Vollmer, that the Change Orders be approved and the Mayor and Clerk of the Commission be auth-
orized and directed to sign for the City and the motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commiss-
ioner Lehrkind and Mayor Grabow; those voting No, none.
License Bond - Sign Code, General Sign Inc., $2,000.00:
In compliance with Chapter l4, of the Bozeman Municipal Code, the Sign Bond of General Sign, Inc.,
in the amount of $2,000.00 was presented. The City Manager stated the Building Inspector had recommended
approval of the above mentioned bond and the Acting City Attorney had approved the bond as to form. It
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was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the bond be approved 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.
Utility Connection & Annexation Agreements:
Three Utility Connection and Annexation Agreements between the City of Bozeman and Martha Grund-
owski, Harley A. and Josephine L. Celander, Glen H. and Irene J. Crabb, and the Montana Industrial
Development Corporation for permission to connect the property described therein with the existing
sewer lines of the City of Bozeman at no cost to the City of Bozeman was presented.
Following a discussion, Commission concurred with the recommendation of the City Manager and it
was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer. that the three Utility Connect-
ion and Annexation Agreements having been executed by the property owners be approved and the Mayor
and Clerk of the Commission be authorized to sign for the City and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer.
Commissioner Vollmer, COmmissioner Lehrkind and Mayor Grabow; those voting No, none.
Commission Resolution No. l527, Intent to Annex Far West Area, Hearing 23 August:
Commission Resolution No. 1527 declaring the City Commissions intention to extend the bound-
aries of the City of Bozeman containing within the above exterior boundaries two hundred forty-three
acres more or less to be known as far west annexation, entitled:
COMMISSION RESOLUTION NO. 1527
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA
EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO EMBRACE
AND INCLUDE CERTAIN TRACTS OF LAND CONTIGUOUS TO TIlE SAID CITY
OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, WITIlIN TIlE
CORPORATE LIMITS TIlEREOF.
as prepared by the Acting City Attorney was presented. The City Manager advised the Commission that
in order that the property owners and residents of the proposed west annexation have an opportunity
to have a full disclosure of all facts relating to the annexation, an information meeting is sche-
duled to be held at 7:30 o'clock p.m. Monday, l4 August 1972, at the Commission room of the Muni-
cipal Building.
Following an extensive discussion, the City Manager recommended the Commission adopt the
resolution and it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that
the resolution be passed and adopted and that 23 August 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.
Report - Cemetery:
The City Manager commented on the Cemetery Report and recommended approval thereof. It was
moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Cemetery report be
approved and ordered filed and the motion was carried by the following Aye and No vote: those voting
Aye being Commissloner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind,
and Mayor Grabow; those voting No, none.
Quit Claim Deeds for Land Exchange, Switzler Avenue - Kilgore, Street, Edckson & Dahl:
Pursuant to the instructions given by the City Commission at the meeting of l4 June 1972, the
Ci.ty Manager reported that the negotiations for the land trade upon lot 6 of Block C Marwyn Rearrange-
ment of Block 13, l4, l5, 18, 19 and 20 of Northern Pacific Addition in exchange for a portion of
vacated Curtiss Street and a portion of the Old Elks Club property to be used as street right-of-
way for Switzler Avenue has been completed.
Mr. Jess Kilgore will deed lot 6to the City of Bozeman. In return the City is to deed the
North thirty feet of vacated Curtiss Street to J. D. Street, Vern Erickson, and Eldon Dahl who own
Lots l, 2, and 3 respectively, and to Jess Kilgore a parcel of land 75' x 150' south of and adjacent
to Lots 4 and 5.
The Commission concurred with the recommendation of the city Manager and it was moved by Comm-
issioner Vollmer, seconded by Commissioner Sedivy, that the Quit Claim De:s for the above land ex-
change be approved and the Mayor and Clerk of the Commission be authorized and directed to sign
the four Quit Claim Deeds to those properties 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.
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The Fifth and Final Payment Request from Environmental Protection Agency - $4,2l0.00;
The applicants payment request WPC No. Mont. - 125, Form CG-23 (Applicant's Payment Request)
for the fifth and final payment request from Environmental Protection Agency Region VIII for the
fifth and final payment for the construction of the waste water treatment plant and the sewer
project in the amount of $4.210.00 was presented. Following a discussion, it was moved by Comm-
issioner Sedivy, seconded by Commissioner Lehrkind, that the form CG-23 be approved and forwarded
to the E.P.A. for consideration of the payment request in the amount of $4,210.00 and the motion
was carried by the following Aye and No vote; those voting Aye being Commissioner Sedivy, Comm-
issLoner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting
No, none.
Ad j OUrnmf'.ll t:
There being no further business to come before the Commission at this time, it was moved by
Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the meeting be adjourned 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.
(oteWAtifk~ ;-
WILLIAM E. GRABCM,. Mayor -
ATTEST:
7:) YC}Y./.
rc-'-?~ r.r'r.2--t--~7
ERNA V. HARDING,
Clerk of the City Commission
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