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HomeMy WebLinkAbout1972-07-05 284 Bozern,m, 1'1011 tana 5 July 1972 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal BuildinG,S July 1972, at l:l5 o'clock p.m. Present were Mayor Grabow, Commissioner Lehrkind, Comm- issioner Vandeventer, Commissioner Vollmer, Ci ty Manager Fryslie, Ass' t. City Manager Keyes, Ac ting City Attorney O'Connell and the Clerk. Commissioner Vollmer opened the meeting with a prayer and the following proceed ings were had: f.~~.~110;~:"~~~~:n_~f t~:s::::l:; ;::::~~:. i:_:~r 2:.e~~:;: 1972 were approved as read. I In concurrence with the recommendation of the City Manager, it was moved by Connnissioner Vollmer, seconded by Commissioner Lehrkind, that the absence of Commissioner Sedivy be authorized in compliance with Section ll-3245, R.C.M., 19L;7 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. Re~~~~~fSlr S i(lcI!ill.1<...yarLances: 8) J 'PQ.lll Pc tersOl1..L__l~ Les ter Cr_~ls~ Jr-=.J_.--.-5) Bn:c~E: t tor; A) It \l1as moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request from J. Paul Peterson, 19 East Garfield Street, for permission to place a new sidewalk next to the curb on the east side of Tracy and extending over to South Black Avenue on Garfield Street be removed from the table following an examination of the site. The motion was carried by the following Aye and no vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vo llmer and Hayor Gra bml1; those vo ring No, be ing None. Following an on the ground examination and in view of the circumstances, the Commission con- curred Hith the recommendation of the City Hanager and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that they approve Hr. Peterson's request to place a nelll side\l1s1k next to the curb on the east side of Tracy and extending over to South Black Avenue on Garfield Street and adjacent to his property and the property owned by Langohr's Flowers including a stipu- lation that at such time as sidewalk is placed adjacent to Mr. Peterson's property and along Black Avenue, it shall be installed in a conventional location. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner I Lehrkind and Hayor Grabow; those voting No, none. B) A letter received from Mrs. Lester Crouse, Jr., 705 South Fifth Avenue, Bozeman, requesting an abatement of an order to replace a portion of the sidewalk in front of their property was presented. It Illas moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that the reques t to delay replacement of a portion of the sidewalk in front of the Lester Crouse residence on 705 South Fifth AVenue be granted for a period of one (1) year and the motion was carried by the following Aye and No vot(~: those voting Aye being Commissioner Vollmer, Commissioner Lchrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. C) A letter received from Mr. Bruce D. Etter requesting abatement of an order to replace seventy- five feet of sidel.;alk at 321 South Fifth Avenue t-laS presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request to delay the sidewalk replacement at 32l South Fifth Avenue be granted for a 6eriod of one (l) year and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Hayor Grabow; those voting No, none. ~~e a r ir~J}.~,s.':?Lu [: j oT!.._~o~J.2.lJ~L-"':~s_~ e ~s i ~?iE_ 5 0 ~13 ,25tL. 4 2 _-_,.l::'~_na l:-A?_~e_~_l?E2.:::'~"'t:_:. This was the time and place set for public hearing on levying the final asseSSment for constru- ction of Special Improvement District No. 503 in the final amount of $23,999.42. Affidavit of publi- cation of Notice was presented. No one was present to protest and there being no written protests on file, Commission Resolution No. 1517 was presented for final passage. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the resolution be finally passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Petition from Tennis Club: I A petition signed by members of the Bozeman Tennis Club requesting that funds be appropriated for the provision of additional tennis courts was presented. Several members of the Bozeman Tennis Club were also present to answer questions. Following a discussion of the petition and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that a letter be I I I addressed to the Bozeman Tennis Club acknowledging receipt of the petition and expressing the concern of the City in regard to implementing any improvement program that falls wi thin the scope and finan- cial limitations of the City of Bozeman for the provision of additional courts. Un~t;19J?ered Resolution - Authorize Purchase of Road oil from Hontana Highway Commission - Fiscal Year 1973: An unnumbered resolution authorizing the purchase of not to exceed 25,000 gallons of Road Oil during the fiscal year 1 July 1972 to 30 June 1973 - for use by the Street department in repairing pavement and for sealing certain sections of existing pavement within the City from the Montana State Highway Department was presented as follows:- RES 0 L UTI 0 N - - - -- - - - - - WHEREAS, The City of Bozeman will have need during the fiscal year July 1, 1972 - June 30, 1973, for road oils for use in repairing streets and for sealing certain sec tions of exis ting pavement wi th- in the City, and WHEREAS, The City of Bozeman does not have proper facilities for handling and storing the needed quantities of oils, and WHEREAS, The Montana State Highway Department does have sdorage facilities and normally does have quantities of the required types of oils stored in Bozeman from which it can supply the quantities needed by the City of Bozeman. NOW, THEREFORE, BE IT RESOLVED: That an emergency does exist relative to the procurement of road oils by the City of Bozeman and the City Manager is hereby autho- rized to purchase from the Montana State Highway Department, from its stocks in storage in Bozeman, approximately twenty-five thou- sand (25,000) gallons of road oil, this to be purchased from time to time during the fiscal year July 1, 1972 - June 30, 1973, as needed by the City of Bozeman for repair and sealing of existing pavements, and these quantities of road oils to be purchased at cost plus normal handling charges. PASSED AND ADOPTED by the City Commission of Bozeman, Montana, at a regular meeting of said Commission held on the 5th day of July, 1972 It was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, 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 Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. R~!l~~st i2E~_one Change - "A" Residence to "B" Residence, 8-5 Acres, Coll<:~ Street to 19th Ave~~ A letter received from Mr. James T. Goodrum, Vice President of Marketing, Dan J. Brutger, Inc., requesting that a tract of land consisting of 8~ acres, more or less, and located northeast of the intersection at College Street and South Nineteenth Avenue be changed from "A" zone to "B" zone was presen ted . It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the City Manager be instructed to acknowledge receipt of the request and that the request be referred to the Bozeman City-County Planning Board for its consideration and recommendation and the 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. I.ic":",!.se-c13ond_!>_:_-.-li~ FH~r, Montana Power Company_ $2,000.00: PlumbcrJ- P"H:l H. Bfl31_~~_~!-9_Q..Q..OO: In compliance with Chapter l6 of the Bozeman Municipal Code, the renewal certificate of the Montana Power Company in the amount of $2,000.00 and the certificate of Paul H. Bryan in the amo~nt of $5,000.00 was presented. The City Manager reported that the Building Inspector had recommended the continuation of the Montana Power Company Bond and recommended approval of Paul R. Bryan's Plumbing bond. The City Attorney had approved the bonds as to form. It was moved by Commissioner Vandeventer, seconded by CommissiDner Vollmer, that the continuation of the gas fitters bond for Montana Power Company and the plumbers bond for Paul H. Bryan be approved 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. .!le~:es..!..-to y';:lc_ate Alley, Block 1, North Seventh Addition: A letter received from Herbert Hoey and Allen P. Johnson of the Bozeman Dairy Queen requesting that the Ci.ty Vacate a portion of the alley in Block 1 of the North Seventh Addition to Bozeman was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that the City Manager be directed to acknowledge receipt of the request and that it be turned over to the City Engineer for staff study and a recommendation to be presented at the regular City Commission meeting, 285 286 Wednesday, 12 July 1972, 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. :-\ n~'0_0 t:: or;_ 0 f _I::~:-.~_',~~dti.? t i ot:~._?J a ~nd \~?:E.'l:' a ll!y_.p_e eeL;. A letter received from Mr. & Mrs. Carl Tange making the following clarifications and amendments was presented to the Commission by the City Manager: (l) You may strike the five foot easement from Lot 5 on the deed I transmitted to you with my letter of June 25. (2) On Item 3 of my letter it is understood that should I require additional streets in future divisions of the property shown on Tange Addition, then these streets shall be given by me. The point of this is that the City of Bozeman shall not be able to require me to furnish additional property for streets, except those condemnation or negotiation for reimbursement for some at fair market value. A check in the amount of $3,020.00 covering the cash in lieu of Park dedication for park re- quirements was also presented. Fol1o';>ling a thorough discussion and in concurrence ~-Jith the recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner VEmdeventer, that they approve the plat and instruct and direct the City Manager to sign the plat as Director of Public Service and that all five members of the Commission be directed to sign the plat and that the Warranty T'eed whereby Ctlr1 Tange and Helen S. Tangs of LocH, Ca1ifornis, grant bargain, sell, convey and confirm unto the City of Bozeman, all of Lot Five (5) of Block One (1) of Tange's Addition to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, be approved as recommended. The motion was carried by the fol1m-Jing aye and no vote: those voting Aye being Commissioner Lehrldnd, Commissioner Vand- eventer, Commissioner Vollmer and Mayor Grabmv; those voting No, none !:,_~~},~:~~y nJ.2E__'p'~~~~S'_,1?2Y_C:::~~ n t_~-=-.J!5~2:..1:!2~li.!.E'_i.~H_~_\lQ~):.~Lt:)__~~. A petition signed by property owners living in the New Hya1ite Subdivision in regard to pavement and park improvements in that area was presented. Following a discussion, the Commission concurred in the recommendation of the City Manager and it ~-1as moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the City Manager acknowledge receipt of the petition and that he be instructed to take the proper action to affect the project and create the district. 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. ~~;"_~_S..E. The following reports were presented. Fire Chief Fluoridation 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 following Aye and No vote: those voting Aye being Commiss- ioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabo~-J; those voting No, none. Claims: Claim No's. 2212 thru 2343 and 13378 thru 13561 inclusive were presented. I I Band $ 51.88 Po lice Reserve $ 2,568.95 Cemetery l,085.6l~ SDS 3,871.67 Cemetery Suspense 360.00 SID's 65,356.71 Garbage 2 , OOL~. 36 Street 2,831.69 General 9,175.39 Water 8,3l0.71 Library 1,055.40 Cemetery Permanent Care 10,9L~0.95 Park 2,162.45 Fire Relief 3,186.11 Parking Meter 359.90 Municipal Building 84.l8 I PERS l,998.91 PL&P 15,000.00 Planning Board lj..29 Walks & Curbs L~Ol. 03 Total $130,810.22 The City Manager commented on the claims and found them to be true and lawful claims against the City of Bozeman 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 and Mayor Grabow; those voting No, nonr. I I I ~9j9_urr~!TIen ~_ 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 Lehrldnd and Mayor Grabow; those voting No, none Attest: -~f'?-d-" /~ - at: E RNA V. HARDING, Clerk of the City Commission 287