HomeMy WebLinkAbout1973-06-13
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Bozeman, Montana
13 June 1973
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 13 June 1973 at 1:15 o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commissioner
Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, City Manager Fryslie, Ass't City Manager Keyes,
City Attorney O'Connell and the Clerk.
Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had.
Minutes of the regular meeting held Wednesday, 6 June 1973, were approved as read.
Qpen Construction Bids, SID No. 524 - Water & Sewer Circle Drive
This was the time and place set for opening bids for the construction and installation of a water-
main and a sanitary sewer main on the entire length of Circle Drive and a portion of Spring Creek Drive,
SID No. 524. Affidavit of publication of "Notice to Bidders" was presented. It was moved by Comroiss-
ioner 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:
Johnston Excavating, Bozeman
Utility Builders, Great Falls
$ 42,897.70
49,729.62
The Commission concurred with the recommendation of the City Manager and it was moved by Comrois-
sioner Lehrkind, seconded by Commissioner Vandeventer, that the bids be referred to the consulting
engineer and the City Engineer for final tabulation and recommendation 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. 1575, Vacate Alley Westlake First Addition - Ordinance No. 929, Vacate All~
Westlakes First Addition
This was the time and place set in Commission Resolution No. 1575, for hearing protests to
vacating the ten foot wide east-west alley of Block 2 lying between North Fourth Avenue and North
Fifth Avenue, West lakes First Addition to the City of Bozeman. Affidavit of publication of Notice and
the Clerks Certificate stating that all property owners had been notified as required by law was pre-
sented. There were no written protests on file and no one appeared to protest verbally.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that they concur in
the recommendation of the City Manager and Ordinance No. 929 entitled:
Ordinance No. 929 set forth in full
AN ORDINANCE OF THE CITY OF BOZEMAN, VACATING THE TEN (IO) FOOT WIDE
EAST-WEST ALLEY OF BLOCK 2, LYING BETWEEN NORTH FOURTH AVENUE AND NORTH
FIFTH AVENUE AND LYING NORTHERLY OF AND ABUTTING ON LOTS 1, 2, 3 AND
4 OF BLOCK 2, WESTLAKES FIRST ADDITION TO BOZEMAN, MONTANA.
as prepared by the City Attorney vacating the ten foot wide east-west alley of Block 2 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.
Announce Appointment of City Engineer, Arthur W. Van't Hul.
City Manager Fryslie announced his appointment of Arthur W. Van't Hul to become the new City
Engineer upon the termination of Roman C. Fargo. It was moved by Commissioner Vollmer, seconded by
Commissioner Sedivy, that they concur in the City Managers appointment of Arthur W. Van't Hul and
extend their congratulations. The motion was carried by the following Aye and No vote: those voting
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Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer,
and Mayor Grabow; those voting No, none.
Application for Carnival License - 21-24 June 1973. Bozeman Lions Club
A letter received from the Bozeman Lions Club requesting permission to sponsor the West Coast
Carnival on the north end of Gibsons Parking Lot 21-24 June with a license fee reduction was presented.
Following an extensive discussion, the Commission concurred in the recommendation of the City
Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that due to
extenuating circumstances they deny the Bozeman Lions Club request for a license and fee reduction to
sponsor the West Coast Carnival. 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.
Presentation of Proposed Updated Zone Code with Extra Territorial Jurisdiction Planning Director Mayfield.
Rick Mayfield, Planning Director for the City County Planning Board was present to present copies
of the proposed updated zone code with extra territorial jurisdiction to the members of the City Com-
mission.
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they express their
appreciation to Mr. Mayfield and members of the Planning Board and Zoning Commission on behalf of the
City of Bozeman for the many hours spent on the proposed updated Zone Code and that they review the
proposed Bozeman Area Zoning Ordinance and that 18 July 1973 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
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No, none.
Park Recreation Facilities Program
Some of the Park Recreation facilities have deteriorated and the Commission concurred in the
recommendation of the City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner
Vandeventer, that the staff be instructed to prepare a comprehensive analysis of the park recreation
needs and deficiencies to enable the Commission to determine methods of accomplishing these improve-
ments. 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.
Authority to Advertise Sale of Lot 3 & North 5' Lot 4, Block B, Aldersons Addition.
The City Manager requested authorization to advertise for sale of Lot 3 and the North SI of Lot 4,
Block B, Aldersons Addition.
Following a thorough discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner
Vollmer, that they approve the City Managers request to advertise the above land for sale first by
receiving sealed bids and then by offering the bidders to enter into oral bidding. 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.
Authority to Call for Bids - Gravel Supply
The City Manager requested authority to call for sealed 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
HB254 Funds. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the request
be approved and the Clerk of the Commission be authorized and directed to issue a "Call for Bids" to be
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437
opened 3 July 1973 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.
1973 Sidewalk & Curb & Gutter ProKram: a) Order to Install Curb and Gutter No. Wallace
b) Sidewalks along Durston Road & West College
c) Requests for Abatement
(a) The City Manager prepared letters notifying property owners on their cost of Curb and Gutters
on the North Wallace Avenue Portion and stated that when this portion was originally commenced the gas
tax would be used to pay for the overlay and widening of the pavement with the adjoining property owners
paying for the cost of curb and gutter and sidewalk. It was recommended by the City Manager that the
City Commission add the installation of Curb and Gutter and Sidewalk on North Wallace to the 1973
Walk and Curb program. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that
they add the installation of Curb and Gutter on North Wallace Avenue to the 1973 Walk and Curb prograul
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.
(b) There was a general discussion of the possibility of installing walks and curbs on Durston
Road from lIth to 15th Avenue. The City Engineer was present to state the estimated cost that they
would have to come up with for the cost of the Storm Drain if the sidewalks were put in at this time.
The City Manager assured the Commission that the staff would undertake a study of the methods of
providing for a storm drain by an area wide SIn to pay the cost of the Storm Drain.
A discussion was had on the installation of sidewalks on College Street between 11th Avenue
and 15th Avenue. The City Manager recommended that the City contact the Montana State University
to discuss the possibility of installation of sidewalks on the South side of College Street. It was
moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the City Manager be in-
structed to contact the Montana State University to see if they cannot put in sidewalks on the South
side of College Street between 11th and 15th Avenue. 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; thOJe voting No., none.
(c) A letter from Mr. A. W. Overturf, Secretary of the B.P.O.E. Club No. 463 106 East Babcock
Street requesting abatement of an order to reconstruct sidewAlk. in this area was presented. It was
moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request to delay the
sidewalks replacement on Babcock Street between South Black Avenue and South Bozems.n Avenue be granted
for a period of one (1) year d~e to the current building program. 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.
*(d) See Page 439
It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the request for
variance of an order to construct sidewalks on Lot 3, Block 3 of Kirk's 2nd Addition and occupied by
David A. Osterman, Robert A. Taylor and ABC Rental be granted until building plans are undertaken on
these properties and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissi.oner Vandeventer, and Mayor
Grabow; those voting No, none.
Motorized Vehicles in City Parks, Cemeteries and Public places.
The City Manager stated that motorized vehicles are becoming a nuisance and dangerous in City Parks
and recommended that they be prohibited from City ~arks, Cemeteries and Public Places unless approved
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by the City. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the City
Attorney be instructed to draw up an ordinance prohibiting the use of motorized vehicles in City parks,
cemetery and public places unless a special permit is issued by the City Manager arid 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.
Proclamation - College National Rodeo Week, 19-23 June 1973
Mayor Grabow announced his proclamation of 19-23 June 1973 as "College National Finals Rodeo Week"
in the City of Bozeman and urged all citizens of this City and area to observe in an appropriate manner,
such as wearing colorful and typical attire on this special occasion as a tribute to the colleges
hereto represented by these fine young ladies and men. It was moved by Commissioner Lehrkind, seconded
by Commissioner Vandeventer, that the proclamation as requested by the Bozeman Chamber of Commerce in
connection with the National Final Rodeo Week be concurred in 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.
Attendance at Instructors Course - Fire Fighter Lewis, Helena 18-22 June
An instructors course is scheduled to be held in Helena 18-22 June 1973 and Fire Chief Hoey
requested authorization for Fire Fighter Lewis to attend the instructors course. It was moved by
Commissioner Vandeventer, seconded by Commissioner Vollmer, that Fire Fighter Lewis be granted
authorization to attend the course and, it being in the public interest his expenses be paid from the
general fund and the motion was carried by the following Aye and No vote: those voting Aye being Com-
missioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, and Mayor
Grabow; those voting No, none.
Reports
The following reports were presented.
Director of Public Service
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Cashiers Report
Chief of Police
The City Manager commented on the reports and recommended approval thereof. It was moved by
Commissioner Vollmer, seconded by Commissioner Sedivy, 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 Vollmer,
Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, and Mayor Grabow; those voting No,none.
Leave for City Manager, 14-29 June 1973 - Military Leave
The City Manager requested that he be granted leave of absence from 14-29 June 1973 for the purpose
of attending National Guard Camp and that Ass't. City Mannager Keyes be designated to perform the
duties of the City Manager during this period. It was moved by Commissioner Sedivy, seconded by Com-
missioner Lehrkind, that the above request be granted and that Ass't City Manager Keyes be designated
as Acting City Manager during this period 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.
License Bond - Valley Electric, $5,000.00
In compliance with Chapter 15 of the Bozeman Municipal Code, the Certificate of Valley Electric
in the amount of $5,000.00 was presented. The building inspector had approved the certificate and the
City Attorney approved the bond as to form. It was moved by Commissioner Lehrkind, seconded by Com-
missioner Vandeventer, that the license bond be approved 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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Regular Commission Meeting, Tuesday, 3 July 1973.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that since the Fourth
of July falls on Wednesday the regular meeting of the City Commission be held on Tuesday, 3 July 1973
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Varidevegter, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, and Mayor Grabow; those
voting No, none.
Adjournment
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, Commissioner
Sedivy, Commissioner Lehrkind, Commissioner Vandeventer, and Mayor Grabow; those voting No, none.
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(d) It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they add
the installation of new Sidewalks and Curbs on the east side of South Third Avenue between South
Grand Avenue and Kagy Boulevard to the 1973 Walk and Curb Program and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Comm-
issioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those voting No, none.