HomeMy WebLinkAbout1972-08-23
I
I
I
3:13
Bozeman, Montana
23 Augus t 1972
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 23 August 1972, at 1:15 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 and the Clerk.
Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had:
Minutes of the regular meeting held 16 August 1972 were approved as read.
Request for Variance to Fire Code - Olson & Gai, 309 West Mendenhall Street:
A letter received from Thomas A. Olson requesting permission to install a hand-split cedar shake
roof on the brick resident at 309 West Mendenhall Street purchased for the purpose of constructing
a law office was presented.
Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind,
that they approve the request for a variance to the fire code and that they be authorized to install
a hand-split cedar shake roof on the structure located at 309 West Mendenhall Street which is being
renovated for the purpose of utilization as a law office. 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.
Continuation - Zone Code Change 8.5 Acres, College & 19th ^venue -Dan J. Brutger, Inc.,:
The request for a Zone Code Change from Class "A" Residential Zone to Class liB" Residential Zone,
a tract of land consisting of 8~ acres more or less located in the West 1/2 of the Southwest 1/4 of
the Southwest 1/4 of Section 12, Township 2 South, Range 5 East and lying between South Nineteenth
Avenue and Rosary High School property was removed from the table for further discussion and consider-
ation. The Acting City Attorney had recommended that the provisions of the letter be retyped in a
format which he felt would be proper for placing of record at the office of the Gallatin County Clerk
and Recorder.
Following a discussion, the Commission concurred with the recommendation of the City Manager and
it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that owners of adjoining
property having withdrawn their protests to the proposed Zone Code Change and based upon examination
and evu1ation of the proposal, approved the Zone Code Change under the conditions expressed in the
covenants of Dan J. Brutger, Inc., dated 18 August 1972 as set forth in full: The motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vande-
venter, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none.
I am writing concerning the position I stated to you at the above
meeting on behalf of our company.
As you will recall, I requested that the zoning on the 8~ acre
tract on 19th Street be changed from A zoning to B zoning. To
facilitate this change, we agree that we will not construct units
in excess of 124 on the site, and we will conform to the height
limitations according to existing zoning ordinance. The constru-
ction will be similar to the project model previously submitted
regarding site plan and building types. Also, we will agree that
the zoning change may be conditioned upon construction commencing
within one year after the zoning change is completed, or if con-
struction is not commenced within that period of time, the zoning
may revert to the present Residential classification.
Hearing, Resolution No. 1527 , Intent to Annex Far Wes t Addi tion - 243 Acres:
During the regular session of the City Commission:he1d 26 July 1972, the Commission regularly
passed and adopted Commission Resolution No. 1527 declaring Hsintention to extend the boundaries
of the City of 'Bozeman so as to include tWo hundred forty-three acres more or less to be known as
the Fat West Annexation. This being the date set for public hearing as set forth in said Commiss-
ion Resolution No. 1527, affidavit of publication of Notice and the Clerks mailing certificate stating
that all property owners had been notified was presented. The City Manager presented protests filed
with the Clerk of the City Commission and signed by property owners amounting to 62.5%. Several
property owners were present.
Following a discussion, the Commission concurred with the recommendation of the City Manager
and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that on the basis of
the protests being sufficient and under the provisions of Section 11-507, R.C.M., 1947, no further
proceedings shall be had under Commission Resolution No. 1527 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.
314
Proiect No. 212(18) Agreement - 6,000 Ton Gravel, HB-254 Funds:
Project Agreement HB-436-254 for the Montana State Highway Project No. 2l2(18) for construction
over and upon the streets of Bozeman and including the purchase of 2,000 tons of 3/4" gravel at $1.70
per ton and 4,000 tons of 1/2" gravel at $2.15 per ton from Bozeman Sand and Gravel, Inc., of Bozeman,
was presented. The Commission concurred with the recommendation of the City Manager and it was moved
by Commissioner Vollmer, seconded by Commissioner Sedivy, that the contract documents be approved as
presented and that the Mayor and Clerk of the Commission be authorized and directed to sign the Agree-
ment for the City 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.
License Bond - Capitol Neon, Sign Hanging - $2,000.00
In compliance with Chapter 14 of the Bozeman Municipal Code, the Sign Bond of Capitol Neon was
presented. The City Manager stated the Building Inspector had recommended approval of the bond and
the Acting City Attorney had approved the bond as to form. It was moved by Commissioner Vollmer,
seconded by Commissioner Sedivy, that the bond be approved and the motion was carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner
Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none.
Commission Resolution No. 1524, Annexing Graf's Fourth Addition:
Commission Resolution No. 1534
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE BOUND-
ARIES 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 THE CORPORATE LIMITS THEREOF.
as prepared by the Acting City Attorney to accomplish the requested annexation of the City Limits
to complete the action was presented. It was moved by Commissioner Sedivy, seconded by Commissioner
Lehrkind, that Commission Resolution No. 1534 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.
Commission Resolution No. l535~ Annexing Figgins Addition:
COMMISSION RESOLUTION NO. 1535
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE BOUND-
ARIES 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, WITH THE CORPORATE LIMITS THEREOF.
AS prepared by the Acting City Attorney to accomplish the requested annexation of the City Limits
and complete the action was presented. It was moved by Commissioner Lehrkind, seconded by Comm-
issioner Vandeventer, that Commission Resolution No. 1535 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.
Deposit of Funds & Award Contract - Recreation Complex:
The engineers representing consulting Morrison, Maierle, Inc., of Helena, and the City Engineer
having completed their study of the bids submitted for the first phase which consists of removal of
dirt and getting everything set up on the recreation complex located on City property just south of
Haggerty Lane and having prepared a final tabulation of the bids recommended that Bozeman Sand and
Gravel, Bozeman, be awarded the contract on the basis of their low bid in the amount of $29,880.00.
It was further reported that a check in the amount of $2,880.00 had been received from the Bozeman
Softball Association to provide the extra money needed to complete the first phase.
The City Manager concurred in the recommendation of the consulting engineers and recommended
that Bozeman Sand & Gravel be awarded the contract for the construction of the Recreation Complex
in the amount of $29,880.00 and that the check for $2,880.00 from the Bozeman Softball Association
to pay for the balance of their portion be accepted. It was moved by Commissioner Vollmer, sec-
onded by Commissioner Sedivy, that Bozeman Sand & Gravel be awarded the contract on the basis of
thetr low bid in the amount of $29,880.00 and that they accept the $2,880.00 which is the balance
of the Bozeman Softball Associations portion of Phase 1 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.
Letter of Condolence to Don M. Langohr Family: "Mrs. Don }1. Langohr, Sr. i"
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the City Manager
be instructed to address an appropriate letter of condolence to the family of Mrs. Don M. Langohr,
Sr. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner
I
I
I
I
I
I
Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow;
those voting No, none.
Reports:
The following reports were presented.
Director of Public Service
Water Collec tor
Cemetery
The City Manager commented on the reports and recommended approval thereof. It was moved
by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the reports be approved and
ordered filed 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.
Ad jOllrnmen 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 Van-
deventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those
voting No, none.
-~.
WM. E.
ATTEST:
?~ // $~
ERNA V. HARDiNG,
Clerk of the City Commission
315