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HomeMy WebLinkAbout1972-08-16 I I I Bozeman, Hontana 16 August 1972 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 16 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, Acting City Attorney O'Connell and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held 9 August 1972 were approved as read. Minutes of the special meeting held l4 August 1972 were approved as read. ~en Construction Bids - Recreation Complex: This was the time and place set for opening bids for the Recreation Complex to be located on City property just south of Haggerty Lane. The affidavit of publication of the "Call for Bids' was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bids be opened and read 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. The following bids were then opened and read: Bozeman Sand & Gravel, Bozeman $29,880.00 Long Construction Company, Billings 36,000.00 Joseph Yureck, Bozeman, Montana 45,000.00 Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bids be referred to the City Engineer, and the consulting engineers for Morrison-Maierle, Inc., for tabulation and recommendation to be made to the Commission at their next meeting on Wednesday 23 August and the motion was carried by the following A~and No vote: those voting Aye being COmmissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Engineering Agreement - Recreation Complex: The Contract Agreement and Supplemental Agreement No. 1 to the Contract for the Bozeman Recreat- ional Complex by and Between the City of Bozeman and Morrison-Maierle, Inc., Helena, Montana, whereby Morrison-Maier1e, Inc., will furnish the City of Bozeman with the engineering services for the pro- ject of constructing the Recreation Complex located on City property just south of Haggery Lane was presented. The total project will be approximately $77,800.00. The Commission concurred with the recommendation of the City Manager and it was moved by COmm- issioner Vandeventer, seconded by Commissioner Vollmer, that they approve the Agreement for engineer- ing services and the Mayor and Clerk be authorized 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, Comm- issioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none. QRen Bids, ~200 ~ons Gravel: This was the time and place set for opening bids for 2,000 tons 3/4 inch gravel and 4,000 tons 1/2 inch gravel to be used for street and alley maintenance and is to be paid out of Gas Tax HB-254 funds. Affidavit of the publication of the "Call for Bids" was presented. It was moved by Comm- issioner Vollmer, seconded by Commissioner Sedivy, that the bid of Bozeman Sand and Gravel, Bozeman, Montana, it being the only bid submitted be opened and read 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. Bozeman Sand and Gravel, Bozeman, Montana - $l2,000.00 Upon Recommendation by the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bid of Bozeman Sand and Gravel Company, Bozeman, Montana, in the amount of $12,000.00, it being the only bid submitted be approved and Bozeman Sand and Gravel, Bozeman, Montana, be awarded the bid for 2,000 tons 3/4 inch gravel and 4,000 tons 1/2 inch gravel to be used for street and alley maintenance contingent upon approval of the Montana State Highway Department that it is a proper bid and that it is the proper price. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and May~r Grabow: those voting No, none. Hearing, Commission Resolution No. 1521, Intent to Annex Graf's Fourth Addition - 132.044 Acres: During the regular session of the City Commission held on l2 July 1972, the Commission regularly passed and adopted Commission Resolution No. l52l, declaring its intention to extend the boundaries of the City of Bozeman so as to include a portion of the west one-half of Section 19, Township 2 South, Range 6 East, MPM, to be known and designated as Graf's Fourth Addition to the City of Bozeman This being the date for public hearing as set forth in said Commission Resolution No. lS2l, affi- davit of publication of Notice and the Clerks mailing certificate stating that all property owners 309 310 had been notified was presented. There being no written protests and no one present to protest the annexation of the above property, it was moved by Commissioner Lehrkind, seconded by Commiss. ioner Vandeventer that they concur with the recommendation of the City Manager and the Acting City Attorney be instructed to draw up a Commission Resolution to extend the subject property to be presented at the next regular meeting of the Commission on Wednesday, 23 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. Hearing, Commission Resolution No. 1522, Intent to Annex Figgins Addition. 74.573 Acres: I During the regular session of the City Commission held on l2 July 1972, the Commission regularly passed and adopted Commission Resolution No. l522 declaring its intention to extend the boundaries of the City of Bozeman so as to include a portion of the East one-half of the Northeast one-quarter Section 24, Township 2 South, Range 5 East, M.P.M., to be known and designated as Figgins Addition to the City of Bozeman. This being the date for public hearing as set forth in said Commission Resolution No. 1522, affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified was presented. The City Manager presented a protest filed with the Clerk of the City Commission and signed by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. There was no one present to protest in person. Following a discussion and in concurrence with the recommendation of the City Manager it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that on the basis of the protest of the Chicago, Milwaukee, St. Paul and Pacific Railroad being insufficient the Acting City Attorney be instruded to draw up a resolution to extend the above boundaries to be presented at the next re- gular meeting of the City Commission held on 23 August 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. Hearing, Proposed Zone Code Change, 8.5 Acres, 19th Avenue and College Street, Dan Brutger, Inc.,: This was the time and place set by Notice for the public hearing concerning the proposed zoning change from Class "A" Residential Zone to Class "B" Residential Zone, a tract of land consisting of 8~ acres, more or less, located in the West l/2 of the Southwest 1/4 of the Southwest 1/4 of Section I l2, Township 2 South, Range 5 East and lying between South Nineteenth Avenue and Rosary High School property. Affidavit of publication of Notice as required by law was presented. The City Manager presented a written protest filed with the Clerk of the Commission and signed by Roy B & Vera M. Wiegand. Several people were present to discuss this proposed zoning change. Following a presentation of the proposed project which will consist of eighty-six one bedroom units in l2 plexes, twenty-four two bedroom and fourteen three bedroom units in fourplexes. The developer agreed that if the zoning change is enacted, the development will be substantial identical to theone proposed and he will provide a written agreement to this effect. The meeting was opened to interested parties for discussion. During the discussion, Mr. E. W. Anacker withdrew his registered opposition to this project and Mr. Wiegand stated he would let his protest stand. Following a thorough discussion and at the request of the Rosary High School representatives and with the concurrence of the developers that one week delay would not affect the proposed project, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the matter be tabled for a period of one week until 23 August 1972 at which time it will be brought in and considered and a final decision rendered. 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. Ordinance No. 924, Appropriation Fiscal Year 1973, Final Adoption: The affidavit of publication of the Annual Appropriation Ordinance for the fiscal year ending 30 June 1973, was presented with appropriation ordinance No. 924 I ORDINANCE NO. 924 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND IN ACCORDANCE WITH BUDGETARY REQUIREMENTS FOR MAINTENANCE ETC., OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BOZEMAN, MONTANA, FOR THE FISCAL YEAR ENDING 30 JUNE 1973. The City Manager stated that he knew no reason to suggest any change in the Ordinance since it had been provisionally passed the 19th day of July and a public hearing held 9 August 1972 and there- fore recommended final adoption thereof. It was moved by Commissioner Sedivy, seconded by Commission- er Lehrkind, that appropriation ordinance No. 924 be finally passed and adopted and the motion was I I I 311 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.' Authority to Purchase Pickup - Street Department $3,009.05: The Street department has need for a 3/4 ton pickup and have received quotations from the follow- ing automobile dealers. Bozeman Ford $3,009.05 Don Norem Chevrolet 3,259.5l Rolfe & Wood, Inc., 3,453.22 The bid of Bozeman Ford in the amount of $3,009.05 was the lowest and best bid submitted. Follow- ing a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Street Department be granted authority to purchase the 3/4 ton pickup from Bozeman Ford in the amount of $3,009.05 as an item of the 1972-l973 budget and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commiss- ioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Agreement, Project No. 2l2(l7), Seal Coat & Storm Drain: Project Agreement No. HB436 & HB254 for the Montana State Highway Project No. 212(17) for the seal coating and storm drain construction and reconstruction of 45 blocks of City Streets and Avenues in the City of Bozeman was presented. The COmmission concurred with the recommendation of the City Manager and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the con- tract documents be approved as presented and that the Mayor and Clerk of the Commission be authorized and directed to sign the Agreement 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, Commissioner Lehrkind and Mayor Grabow; those voting No, none. Consulting Engineers Existing Contract with the City of Bozeman to be reaffirmed: Thomas, Dean & Hoskins: It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that they concur in the recommendation of the City Manager and reaffirm for this time, the existing contract for Consulting Engineering Services that the City of Bozeman has with Thomas, Dean & Hoskins, Inc., of Great Falls. 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. Application - Federal Aid for Watershed Study: Application MT-WS-128 (rev.) for federal assistance under the Watershed Protection and Flood Prevention Act in preparing and carring out plans for work of improvement for the East Gallatin Watershed was presented. Following a discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, .' that they concut with the recommendation of the City Manager and approve the application for Federal Aid for the East Gallatin Watershed study and the Mayor and Clerk of the Commission be Authorized and directed to sign the application for the City and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Van- deventer, Commissioner Vollmer and Mayor Grabow; those voting No, none. License Bond: Everett Egbat, Plumbing, $5,000.00: In compliance with Chapter 16 of the Bozeman Municipal Code, the Plumber bond of Everett Egbert, Bozeman, was presented. The City Manager stated the Building Inspector had recommended approval of the above mentioned bond and the City Attorney had approved the bond as to form. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bond be approved and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commiss- ioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Request for Sidewalk Order Variance, Gene Graf: A letter received from Eugene Graf, Jr., requesting a variance to the sidewalk order on his property on West Beall Street from 15th Avenue West was presented. Following a discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request for sidewalks variance on West Beall Street from 15th Avenue West be denied and Mr. Graf complete the installation during the 1972 construction season 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. Request for Sidewalk Variance - H.A. Bolinger (Estate of Martha Maxey Bolles Pelffy): A letter received from Mr. H. A. Bolinger, executor of the estate of Martha Maxey Bolles Palffy 312 requesting a sidewalk variance along the E~tate's West Main Street property was presented. Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that they grant the sidewalks variance for a period of one year and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Comm- issioner Vandeventer, Commissioner Sedivy and Mayor Grabow; those voting No, none. Resolution No. 1532, Intent to Create SID No. 516 Sanitary Sewer, South Nineteenth Avenue Easterly a distance ~50': COMMISSION RESOLUTION NO. 1532 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 516 FOR THE PRUPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK SANITARY SEWER MAINS AND APPURTENANCES TO SERVE THE LANDS INCLUDED WITHIN THE DISTRICT BOUNDARIES. THE CONSTRUCTION AND INSTALLATION OF SAID TRUNK SANITARY SEWER MAINS ARE MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN ON SOUTH NINETEENTH AVENUE FROM TIlE PRESENT SEWER TO LINCOLN ROAD AND THE CONSTRUCTION AND INSTALLATION OF A TEN (10) INCH SEWER FROM SOUTH NINETEENTH (19) AVENUE EAST A DISTANCE OF 1W0 THOUSAND FOUR HUNDRED FIFTY FEET MORE OR LESS. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACK~ FILL, BEDDING MATERIALS, INSTALLATION OF SEWER MAINS, NECESSARY WYES, MAN- HOLES AND OTHER APPURTENANCES. as prepared by the Acting City Attorney was presented. The commission concurred with the recommend- ation of the City Manager and it was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Commission Resolution No. 1532 be passed and adopted and 6 September 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 Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting No, none. Commission Resolution No. 1533, Intent to Create SID 517 Tai Lane and Boyland Addn.: Sanitary Sewer: COMMISSION RESOLUTION NO. 1533 A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 517 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN EIGHT (8) INCH LATERAL SANITARY SEWER TO SERVE THE TAl LANE ADDITION AND A PORTION OF BOYLAN ADDITION. TIlE CONSTRUCTION AND INSTALLATION OF SAID LATERAL SANITARY SEWER TO IN- CLUDE ALL TRENCH EXCAVATION AND BACKFILL, INSTALLATION OF SEWER MAIN, BEDDING MATERIALS, NECESSARY WYES AND MANHOLES AND OTHER NECESSARY APP- URTENANCES THERETO. as prepared by the Acting City Attorney was presented. The commission concurred with the recommend- ation of the City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vande- venter, that Commission Resolution No. 1533 be passed and adopted and 6 September 1972 be the date set for public hearing and the mo,tion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehr- kind and Mayor Grabow; those voting No, none. Reports: The City Manager commented on the report of the Cashier and recommended approval thereof. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the report of the Cash- ier be approved and ordered filed 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. Adiournment: 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, Comm- issioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. ATTEST: ~ ~ ;/ C ' -?:?"U"-' ?,. ,[ (.: ERBA V. HARDING, , Clerk of the City Commission I I I