HomeMy WebLinkAbout1972-07-12
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Bozeman, Montana
12 July 1972
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 12 July 1972, at l:l5 o'clock p.m. Present were Mayor Grabow, Commissioner Lehrkind, Comm-
issioner Vandeventer, 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 5 July 1972 were approved as read.
Minutes of the Special meeting held 10 July 1972 were approved as read.
Open Bids, Sca~_~o~ti~g, Project No. HB2l2(l6):
This was the time and place set for receiving bids for HB-436, Project No. 212(16) Seal Coating
and chipping 45 block of City Streets and Avenues and to repair and reconstruct storm drainage faci-
lities at the Southwest corner of Dickerson and South Willson intersection of the City of Bozeman as
approved by the State Highway Department. Affidavit of publication of "Notice to Bidders" was pre-
sented. One sealed bid was on file and it was moved by Commissioner Vollmer, seconded by Commissioner
Lehrkind, that the bid be opened and read and the motion was carried by the following Aye and No vote,
those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor
Grabow; those voting No, none.
The bid was then opened and read:
Bozeman Sand & Gravel, Inc.,
Box l212, Bozeman, Mont.
$21,760.00
The bids were then referred to the City Engineer and the Engineer representing consultant Thomas
Dean & Hoskins, Inc., to check in detail, prepare tabulations and make recommendations for the con-
struction of the improvements.
!:!.~~,,<l."l:'}Ez.,~R~~_gJ,..~.t-,~~!!._.,No,~_,15l5, In~en t to Create SID No. 51L. Hs ~..E.. & Se:-ler-=.__Reso.l~.!.io~~-=-lY~~::?.."Crea te:
This was the time and place set in Commission Resolution No. 1515, to hear protests to the crea-
tion of Special Improvement District No. 5ll. Affidavit of publication of Notice and the Clerks
mailing certificate stating that all property owners had been notified as required by law were pre-
sented. There being no written protests on file and no one having appeared to protest, Commission
Resolution No. 152] creating Special Improvement District No. 511, entitled
COMMISSION RESOLUTION No.1523
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO.
5H FOR TIlE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER AND SANITARY SEW-
ER MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY
DESCRIBED AS FOLLOWS: A TEN INCH WATERMAIN AND APPURTENANCES IN A PORTION OF
KAGY LANE, A TEN INCH t-JATEPJ1AIN AND APPURTENANCES ON A PORTION OF SOUTH TRACY
AVENUE, A TEN INCH WATERMAIN AND APPURTENANCES ON HEREFORD STREET BETWEEN SOUTH
TRACY AVENUE AND SOUTH BLACK AVENUE, AN EIGHT INCH WATER1~IN AND APPURTENANCES
ON HEREFORD STREET BETWEEN SOUTH BLACK AVENUE AND SOUTH ROUSE AVENUE, AN EIGHT
INCH WATERMAIN A~~ APPURTENANCES ON MASON STREET BETIvEEN SOUTH WILLSON AVENUE AND
SOUTH ROUSE AVENUE, A FOURTEEN INCH WATERMAIN WITH APPURTENANCES ON A PORTION
OF GARFIELD AVENUE, A SIX INCH WATERMAIN WITH APPURTENANCES ON SOUTH ROUSE AVE-
NUE, PORTIONS OF LINCOLN STREE~ AND PORTION OF SOUTH TRACY AVENUE, BETWEEN THE
NORTH LINE OF THOMPSONS FOURTH ADDITION AND HEREFOFJ) STREET. TO CONSTRUCT AND
INSTALL SANITARY SEWER MAINS AND APPURTENANCES ON SOUTH TRACY AVENUE BETIvEEN
MASON STREET AND KAGY LANE, ACROSS THE CITY PARK FROM MASON STREET TO SOUTH
TRACY AVENUE, ON SOUTH BLACK AVENUE FROM ROUSE AVENUE TO MASON STREET, ON SOUTH
ROUSE AVENUE WITHIN THE UNIVERSITY NO. 2 SUBDIVISION AND THOMPSONS FOURTH ADDI-
TION, A PORTION OF EAST LINCOLN STREET, ON HEREFORD STREET AND MASON STREET
BETh1EEN SOUTH BLACK AVENUE AND ROUSE AVENUE, ON CAROL PLACE BETWEEN SOUTH BLACK
AVENUE AND KAGY LANE.
TIlE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL
BEDDING MATERIALS, CAST IRON WATERMAIN, VALVES, FITTINGS AND HYDRANTS AND OTHER
NECESSARY APPURTENANCES. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY
SEWER MAINS TO INCLUDE ALL TRENCHING, INSTALLATION OF SffivER MAINS, BACKFILL,
BEDDING MATERIAL, NECESSARY WYES AND MANHOLES AND OTHER NECESSARY APPURTENANCES.
as prepared by the Acting City Attorney was presented. In concurrence with the recommendation of the
consulting engineer also concurred in by the City Manager, it was moved by Commissi.oner 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 and Mayor Grabm.r; those voting No, none.
Hea_rir1j;, Resolutio[.1 Nc). 1516, Intent to Create SID Nt>. 512, Paving ~Ji...~orm Dr3in:
Re sol t! t i..o_I!.-. N 0 "--~ 5 ~!:LJ2..~:~~L..12z,.2.
This \\Tas the time and place set in Commission Resolution No. l5l6, to hear protests to the
creation of Special Improvement District No. 5l2. Affidavit of publication of Notice and the Clerk's
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mailing certificate stating that all property owners had been notified as required by law were pre-
sented. The City Hanager informed the Commission that as of 5:00 o'clock, 7 July 1972, there were
no protests on file and no one appeared to verbally protest the creation of the district. Commiss-
ion Resolution No. 1524, creating Special Improvement District No. 5l2, entitled:
COMMISSION RESOLUTION NO. 1524
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ClillATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO.
512 FOR TIlE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAV-
ING, INTREGAL CONCRETE CURBS AND GUTTERS, NECESSARY APPURTENANCES THERETO,
ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS,
MANHOLES, DITCHES AND OTHER APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON
1-1ASON STREET BET\VEEN SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE, HEREFORD
STREET BETWEEN SOUTH TRACY AVENUE AND SOUTH ROUSE AVENUE, THAT PORTION OF
SOUTH TRACY AVENUE, THAT PORTION OF ROUSE AVENUE, THAT PORTION OF LINCOLN
STREET, THAT PORTION OF CAROL PLACE, THAT PORTION OF BLACK AVENUE, LYING IN
THOMPSONS FOURTH ADDITION TO THE CITY OF BOZ~~N, MONTANA, AND ALSO ON THAT
PORTION OF SOUTH ROUSE AVENUE, A PORTION OF EAST GARFIELD STREET, A PORTION
OF LINCOLN STREET, A PORTION OF EAST CLEVELAND STREET IN UNIVERSITY SUBDIVIS-
ION NO. 2 AND A PORTION OF SOUTIl TRACY AVENUE LYING IN THE 1962 REARRANGEMENT
OF BLOCK 2 OF UNIVERSITY ADDITION TO THE CITY OF BOZEMAN, MONTANA, AND THAT
PORTION OF MASON STREET LYING IN THOMPSON ADDITION NO.2.
as prepared by the ActingCity Attorney was presented. The Commission concurred with the recommend-
ation of the consulting engineer, also concurred in by the City Manager and it ~"as moved by Commiss-
ioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. l524 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 Lehrking and Mayor Grabow; those voting
No, none.
Re 11:le s t ,_t5~.Y-?S:?_t.(':.....:~1-.:'LLJl.l9_c k ___h No ~~l~~_E'ven t~0dd i ~Ion_ :
The request from Herbert Haey and Allen P. Johnson of the Bozeman Dairy Queen for the City of
Bozeman to vacate a portion of the alley in Block 1 of the North Seventh Addition to Bozeman was
presented following a week of staff study.
Mr. H0ey and Mr. Johnson were present in regard to the request to discuss the vacation of the
alley and answer any questions.
Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind,
that action be delayed for a period of one week in order that a drm\ling may be prepared showing hO\\I
and what they intend to do and also to make an on the ground observation of the alley in question.
The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Lehrkind, Commissioner Vandeventer and M8yor Grabow; those voting No, none.
1~:..~~Ll}_EJco_12-,I:l'.E_:"_,_!..-? 21 ,_-,I21..t.'=.~J:~ A T2Dc x J!_r a f ' s ~!:~ th..:.1\9.~1 i ~ i oT~13 2... Of! . ^ c !:..~~J_._!!~ _~-:::};~_",.~~~~~l 9 U:. :
Commission Resolution No. 1521 declaring the City Commission's intention to annex a portion of
the West one-half of Section 19, Township 2 South, Range 6 East, M.P.M., to be known and designated
as Graf's Fourth Addition to the City of fuzeman. entitled:
COMMISSION RESOLUTION NO. l52l
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT
TO BE TO THE BEST INTEREST OF THE CITY OF BOZEMAN AND THE INHABITANTS TIlEREOF
AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO TIlE SAID CITY OF BOZE...
MAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE
SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
as prepared by the Acting City Attorney was presented. Following a discussion, the City Manager
recommended that the Commission adopt the Resolution and it was moved by Commissioner Lehrkind, sec-
onded by Commissioner Vandeventer, that the resolution be passed and adopted and that 16 August,
1972 be the date set for public hearing and tile motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and
Mayor Grabow; those voting No, none.
,g_oJl~~:i,I:~i:.o2~le s_ol::L~ i () r:.^...t~~. '._.L?2 2____:r;.r:t.!:_~2}.!:.._t:.g_,:~!ln ~::... I r F..1jlg.J~'ls_~(~d i t:i:..91~':"_:...JJ..:..Zl+,~_-,t\..<:..J:' c ~. :
~~~ELnl'i._J:S:.._.!).ugus ~1JU1.~
Commission Resolution No. 1522 declaring the City COUlroission's intention to annex a portion of
the East one-half of the Northeast oU(~-quarter, Section 2!f, to\.ffiship 2 South, Range 5 East, H.P.M.
to he known and designated as Figgins Addition to the City of Bozeman and consisting of 79.775 acres,
en ti tIed:
COHMISSION RESOLUTION NO. 1522
A RESOLUTION OF 11-lE COHHISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT
TO BE TO THE BEST INTEREST OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF
AND OF TIlE IffilABITANTS OF A TRACT OF LAND CONTIGUOUS TO TIlE SAID CITY OF BOZ-
EMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND TIlE BOUNDARIES OF THE
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SAID CITY OF BOZEl-IAN SO AS TO INCLlIDE THE SAID CONTIGUOUS TRACT WITHIN THE
CORPOP,ATE LIllITS THEREOF.
11S prepared hy the i\cting City Attorney was presented. Follmving a discussion, and in concurrence
Hith the recommendation of the City Manager, it \vas moved by Commissioner Vandeventer, seconded by
Commissioner Vollmer, that the resolution be passed and adoptcrl and that 16 August 1972 be the date
set for public hearing and the motion was carried by the fo11oVJing l\ye and Nt) vote: those voting Aye
being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those
voting No, none.
~l'~~f1_~:r,i~:,!.~i 0 ~ f ~-E..J}~~s e l?_~l1_"P..:~L-1' a ~~~ e - p J u 1 y 19 72, p 1?'2.-C:: 1 8_l!:l20",,'2.-n_,"=- "B A s C b(;l11.",_ D.c?2'_~_:_"
A letter received from Earl B. Peterson, President of Bozeman Little League requesting permiss-
ion to hold a baseball parade on Saturday, 15 July 1972, at ~:OO o'clock p.m. was presented. The
parade is staged to begin at the parking lot of the Montana National Bank and proceed down Main
Street to Church Avenue and turn South to Bogart Park where it will disband.
Mayor Grabow announced his proclamation proclaiming Saturday, 15 July 1972, At "Bozeman Baseball
Dny" and encouraged all ci tizens of this communi t;y to give \vholeheartecl support and ass is tance to
wh1."le
the youth and adults participating in this worth/undertaking.
It was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that permi.ssion to
conduct the parade be approved and that the Mayor's proclamation be concurred in and the motion Ivas
carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner
Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none.
~~E251~~~~_i2_0i~_-{,36 ::Z5t+ Fund!:l~urcJ:asc Grave 1, $10,000.00:
A discussion was held in regard to an application to be paid for from Gas Tax Funds allocated
to the City under provisions of House Bill No. 42 !+36-25L, and complying \vHh Rules and Regulations
promulgated by the Montana State Department of Highways as our Priority Number One purchase of app"
roximately 2,000 tons of 3/1+" gravel and !"OOO tons of 1/2" gravel to be used to improve 36 blocks
of gravel streets. To resurface with roadmix 52 blocks of paved streets, and to improve various
alleys wi.thin the City of Bozeman at an estimated cost of $lO,OOO.OO.
The Commission concurred with the recommendation of the City Manager, and it Has moved by Comm-
i.ssioner Lehrkind, seconded by Commissioner Vandeventer, that the City Manager be authorized to
submit the application signed by the five Commissioners to the Montana State Highway Commission in
the estimated amount of $lO,OOO of House Bill No. 42~436-254 funds and the motion was carried by the
following Aye and No vote: those voting Aye being Commissiomer Lehrkind, Commissioner Vandeventer,
Commissioner Vollmer and Mayor Grabow; those voting No, none.
Onl~~~rlce l'l2.~_92~ - Setti.ng~J1-aJ::')_e~ for 1972-1973:
Ordinance No. 923, the Annual Salary Ordinance covering salaries of the Heads of Departments and
employees who are direct appointees of the Commission was presented, entitled:
ORDINANCE NO. 923
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE
MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE
HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMM-
ISSION AS REQUIRED BY LAW.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Ordinance
No. 923 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 Lehrkind and Mayor
Grabow; those voting No, none.
E f!i2 1: s.EI:2Sn.J: 0 f 1:l.o.DJ.~E!:l--1? n ~1?I5' gram LJ'J:t a s~_!..:.
A letter received from Stanley J. Rogers, M.D., Superintendent and Director Division of Mental
Hygiene, Hann Springs State Hospital, Warm Springs, Montana, requesting the support of the Commission
for the }10ntana Drug Program, Phase No. 1 along with an abstract of the grant for the edifications
and convenience of the Commission was presented.
Following a thorough discussion, it was moved by Commissioner Vollmer, seconded by Commissioner
Lehrkind, that the City support the Hontana Drug Program, Phase No. 1 and that a letter be addressed
to the Division of Mental Hygiene supporting the Montana Drug Program. The motion was carried by
the follmving Aye and No vote: those voting Aye being Commiss ioner Vollmer, Commissioner T.ehrkind.
Commissioner Vandeventer and Mayor Grabow; those voting No, none.
~5 c,~IlJ~_~_}}g_Il9~~~,,,_€0~_fo ,~_t_o_n Ho~,?~~1ov i n~~OO~.QQ._.lf.~~ i n ua_n5_~.2__^,1?.L~D 1 i <1~J:l.:.._~l ct !:b.......:? 5 t2.Q.9 . ~,
E' 1 ~~n!) i Tl_L~:..g!2.~J~}- t t..':E .
In accordance with the provisions of Ordinance No. 785, the continuation certificate for the
building movers bond as surety for a moving permit on Cotton House Moving Company, Helena, Montana,
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and in compliance with Chapter l6 of the Bozeman Hunicipal Code, the certificate of Gilliam M. Clark
in the amount of $5,000.00 was presented. The Building Inspector had recommended the continuation
of the Cotton House Moving Bond and recommended approval of Gilliam M Clark's Plumbing and Gas
Fitters bond. The Acting City Attorney had approved the bond as to form. It was moved by Commission-
er Lehrkind. seconded by Com~lissioner Vandeventer, that the continuation of the house moving bond
and the plumbing and gas fitters bond be approved and the motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Voll-
mer and Mayor Grabow; those voting No, none.
Re que s t f 0 r_'{:'1 ria I]':-:!:"~~S; ~~.::!}~ rd e r._L~q~oI.K<.'.}i~:..l!!:.E.:_
A letter received from Mr. George C. Miller, requesting an abatement of an order to install
ll50 square feet of ne~17 4'sidewalk on Lots l, 11 and 12, Brunton Palffy Addition was presented. It
was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that they approve Mr. Miller's
request to delay construction of the above lots for a period of one year due to his current building
plans. The motion was carried by the following /'1ye and No vote: those voting Aye being Commissioner
Vandeventer, Commissioner. Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none/
Repc;:>!"!~~
The following reports were presented:
Building Inspector
Cashier
Police Judge
Chief of Police
Director of Finance
Director of Public Service
The City Manager commented on the reports and recommended approval thereof. It was moved by
Commissioner Vollmer, seconded by Commissioner Lehrkind, that the reports be approved and ordered
filed and the motion was carried by the follo~l7ing Aye and No vote: those voting Aye being Commiss-
ioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabo~l7; those voting No,
none.
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~(U~t~:t:rlxne:!_~!: :
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 follotl7ing Aye and No vote: those voting Aye being Commissioner Lehrkind, I
Commissioner Vandeventer, Commissioner Vollmer
ATTEST:
" .../ ..~.1 .~"-r / / (/"~,:/ (' .
o ,,,,. J"(.... . j. ...j:;:-~
ERNA V. HARDIN , _--/
Clerk of the City Commission
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