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HomeMy WebLinkAbout1973-06-27 I 1 I Bozeman, Montana 27 June 1973 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 27 June 1973, at l:lS o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Comm- issioner Lehrkind, Commissioner Vandeventer, Commissioner Vollmer, Acting City Manager Keyes, 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 Wednesday, 20 June 1973, were approved as read. Hearing, Resolution No. 1581 - Intent to Create SID No. 525, Trunk Sewer Figgins & Graf's 3rd. Resolution No. 1589 - Creating SID No. 525 This was the time and place set in Commission Resolution No. 1581 to hear protests to the creat- ion of Special Improvement District No. 525, construction of Trunk Sewer in Figgins and Graf's third Addition to the City of Bozeman. Affidavit of publication of Notice and the Clerks mailing certi- ficate stating that all property owners had been notified as required by law were presented. There tvere no written protests on file and no one appeared to protest verbally. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that they concur in the recommendation of the Acting City Manager, that Commission Resolution No. 1590 creating SpeciAl Improvement District No. 52.5. entit10d COMMISSION RESOLUTION NO. 1589 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 525 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK LINE TO SERVE A POltTION OF WESTRIDGE, A SUBDIVISION OF THE CITY OF BOZEMAN, MONTANA, A PORTION OF FIGGINS'ADDITION TO BOZEI1AN, MONT- ANA, AND A PORTION OF GRAF'S THIRD ADDITION TO BOZEMAN, MONTANA, AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TEN (10) INCH SANITARY SEHER AND NEC- ESSATlY APPURTENANCES IN A PORTION OF THIRD AVENUE SOUTH, A PORTION OF WESTRIDGE DRIVE IN FIGGINS' ADDITION, AND IN LANGOHR AVENUE AND A PORTION OF SAID LANGOHR AVEmJE EXTENDED IN FIGGINS' ADDITION TO BOZEMAN, MONTANA. TIlE CONSTRUCTION AND INSTALLATION OF SAID SANITARY TRUNK LINE SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SE\JER PIPE, MANHOLES, NECESSARY WYES AND OTHER NECESSARY APPURTENANCES. as prepared by the City Attorney be passed and adopted. The motion was carried hy the following Aye :md No vote: those voting Aye being Commissioner Spd ivy, Commissioner Lehrkind, Commis sioner Vande- venter, Commissioner Vollmer and Mayor Grabow; those voting No, none. Hearing, Comm. Resolution No. 1583 - Intent to Create SID No. 527, Lateral Sewers, ~~gins& Graf's 3rd: Comm. Resolution No. 1590 - Creating This was the time and place set in Commission Resolution No. 1583 to hear protests to the creation of Special Improvement District No. 527, construction of lateral sewers in the Figgins & Graf's Third Addition. Affidavit of publication of Notice and the Clerk's mailing certificate stating that all property owners had been notified as required by law were presented. There were no IVritten protests on file and no one appeared to protest verbally. The Acting City panager recommended that Commission Resolution No. 1590 creating Special Improvement District No. 527, entitled COMMISSION RESOLUTION NO. 1590 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO, 527 OF TI{E CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF SANITARY SEWER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND APPURTENANCES ON A PORTION OF WEST- RIDGE IN WESTRIDGE, A SUBDIVISION OF BOZEMAN, AN EIGHT (R) INCH LATERAL MAIN AND APPURTENANCES ON ARNOLD STREET, HENDERSON STREET AND PORTION OF COLTER AVENUE OF GRAF'S THIRD ADDITION, ON MORRO\il STREET AND SPRING CREEK DRIVE AND VARIOUS EASEMENTS IN FIGGINS 'ADDITION, INSTALLATION OF WYES AND SERVICE APPURTENANCES ON LANGOHR AVE~ruE IN FIGGINS ADDITION, THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFUL, BEDDING MATERIALS, SEWER PIPE, MANHOLES, WYES, LAMPHOLES, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. as prepared by the City Attorney be passed and adopted. It was moved by Commissioner Lehrkind, sec- onded by Commissioner Vandeventer, that Commission Resolution No. 1590 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. Commission Resolution No. 1588, Fixing Date, Maturity Date & Amt. of Bonds, SID No. 524 W & S Circle Dc COMMISSION RESOLUTION NO. 1588 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 524. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission 445 446 Resolution No. 1588 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, Commiss- ioner Lehrkind and Mayor Grabow; those voting No, none. Commission Resolution No. 1591, Intent to Create SID 530, Paving No. 21st & Portion Beall, $109,000 Hearing 18 July 1973 COMMISSION RESOLUTION NO, 1591 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAR- ING IT TO BE TIlE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 530 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE AND DITCHES, STORM DRAINAGE INLETS, MANHOLES, DIVERSION STRUCTURE OR OTHER APPURTENANCES TO STORM DRAINAGE AND CONSTRUCTION OF IRRIGATION FACILITIES AS NEEDED ON A PORTION OF BEALL STREET FOR A DISTANCE OF 117 FEET EACH SIDE OF NORTH 21st AVENUE, ALSO NORTH 21st AVENUE BETWEEN BEALL STREET AND DURSTON ROAD. I as prepared by the City Attorney was presented. The Commission concurred with the recommendation of the Acting City Manager and it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that Commission Resolution No. 1591 be passed and adopted and 18 July be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehr- kind, Commissioner Vandeventer and Mayor Grabow: those voting No, none. Consideration of Bids for Recreation Complex Fencing The engineers representing consultants Morrison Maierle, Inc., and the Recreation Director along with representatives of the Bozeman Softball Association having completed their study of the bids submitted for the Bozeman Recreation exterior 8' chain link fenci.ng and having prepared a final tabulation of the bids recommended that the City of Bozeman award the contract for materials only for the exterior 8' fence to the lot" bidder, Northwest Fence Products in the corrected amount of $8,lf46.00 and th~ the Bozeman Softball Association make separate arrangement concerning the install- ation of the fencing. It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Northwest Fence Products, Great Falls, be awarded the fencing in the amount of $8,446.00 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. In ~ccordance with an agreement between the City of Bozeman and the Soft Ball Association where- by there are to be sufficient funds on hand prior to purchasing materials or letting a contract the City accept the donation from the Soft Ball Association in the amount of $2,200.00. Petition Prot€~sting Sidewalk Order - South Third Avenue: A petition signed by ten property owners along the east side of Third Avenue South between Grand Avenue and Kagy Boulevard protesting the actton of the City Commission concerning their order to in- stall sidewalks was presented. Following a discussion, it was moved by Commissioner ~ehrkind, seconded by Commissioner Vande- venter, that they concur in the recommendation of the Mayor and acknowledge receipt of the petition and table action for a period of one week until after the opening of the Sidewalk construction bids and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Sedivy, Commissioner Vollmer and Mayor Grabow; those voting No, none. Call for Bids - Lease of 1974 Police Cars - Open 11 July 1973 The current lease agreement for vehicles used by the Police Department will expire soon. The Acting City Manager requested authorization to advertise for the leaRing of Police Vehicles. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Clerk of the Commission be authorized and directed to advertise a "Call for Bids" to be opened on Hednesday, 11 July 1973, for the leasing of three sedans and one station wagon to be used by the Police Department on a yearly basis '",ith a yearly renewal option for five years. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandevent0r, Commissioner Vollmer, Commissioner Sedivy, Commissfoner Lehrkind and Mayor Grabow; those voting No, none. Executi2.!l..2..f Agreement with Highway Commission _-=-,.Gas Tax Projec:t 212(2t,) & <?2) HBl,36-25l; City of Bozeman projec t No. 212(24) & (25) Agreement for the cons true tion of City Streets of Bozeman and including paving North 20th ^venue, Main Street (US191) to Beall Street and \"idcning and repaving North Wallace Avenue to L8mme Street by the Long Cons truction Company was 1 I I 1 I presented. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Gas TAX Project No. 212(24) Rnd (25) Agreement be approved and that the Mayor and Clerk of the Commission be authorized and directed to sign the Agreement on behalf of the City of Bozeman and the motion was carried by the follotving Aye and No vote: those voting~ye bcinij Commissioper Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Commissioner Vandeventer and Mayor Grabo~v; those voting No, none. License Bonds - Bud's Neon Sign Contractor - $2,000.00, Duane Ostermiller I'Ioving Con~. - $2,000.00 In Compliance with Chapter 14 and 15 of the ~ozeman Municipal Code, the sign contractors bond of Bud's Neon in the amount of $2,000.00 and the Building movers bond of Duane Ostermiller in the amount of $2,000.00 was presented. The Building Inspector had approved the certificate and the City Attorney approved the bonds as to form. It ~'17as moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the bonds be approved and the motion was carried by the following Aye and No vote: those voting Aye being r.ommissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none. Oilit~rtion of Lincoln Road Several residents of the area south of Lincoln Road Here present in regard to placing some road oil on Lincoln Road along Hith 11th avenue. The Acting City Manager expressed stron?; opposition to the request of Jack Greenway and Ronert Blackwell's proposal to oil Lincoln Road based upon previously denyinr numerous similar requests from various property mmers with the City of Bozeman. FolloNing a thorough discussion, the Commission concurred in the Mayors recommendation and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Acting City Managers recommendation not be followed and that he be instructed to direct the Street Department to oil Lincoln Road from lIth Avenue to 19th Avenue on a one time basis of a unique condition and that it would not he construed to set a policy. The motion ~1as carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Sedivy and Mayor Grabow; those voting No bein[; Commissioner Lehrkind. Request for Haiver of Penalty Fee for Electrical Permit, Bozeman Electric A letter received from Bozeman Electric with a request for waving the penalty fee for an Electrical permit for doing the electrical wiring for the Big Boy Restaurant was presented. Following a thorough discussion, the Commission concurred in the recommendation of the Acting City Manager. that the obligation to secure the necessary permit prior to commencing work rests squarely with the contractor and it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the request for the refund of the penal ty fee be denied and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Van- deventer. Commissioner Sedivy and Mayor Grabow; those voting No being Commissi.oner Vollmer. Ordinance No. 932 - Prohibiting Motor Cycles & Sno Mobiles on City Parks ORDINANCE NO. 932 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SECTION ll.Ol~.376 OF THE BOZEMAN MUNICIPAL CODE PROHIBITING OPERATION OF MOTORCYCLES AND SNOW- MOBILES WITHIN THE BOUNDARIES OF CITY CEMETERIES OR CITY PARKS WITHOUT OB- TAINING WRITTEN PERMISSION FROM THE CITY OF BOZEMAN. as prepared by the City Attorney was presented. Following a discussion and in concurrencf' with the City Attorney, that this should be adopted as an emergency ordinance it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Ordinance establishing that it be unlawful for any personto operate a motorcycle or snowmobile within the boundaries of any cemetery or any of the City Park lands of the City of Bozeman without first obtaining written permission from the City of Bozeman be passed and adopted as presented and to become effective immediately. 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. purchase Agreement - One Share of Bozeman Creek Reservoir and Payment Schedule from Gardner-Beck Properties, Inc. A purchase Agreement as prepared bv the City Attorney whereby Gardner-Beck Properties, Inc., a Montana Corporation agreed to sell and convey to the City of Bozeman one (1) share of Bozeman Creek Reservoir Capital Stock represented by Certificate No. 32 entitling the holder thereof to one-hundred (100) miners' inches for fourteen (14) days or fifty (50) miners' inches for twenty- eight (28) days, from Mystic Lake Reservoir through Bozeman Creek for a total price of Ten-Thousand dollars ($10,000.00) together with interest at the rate of six percent (6%) per annum on the unpaid balance of the purchase price as follows was presented. 448 The sum of $400.00 to be paid upon the execution of the Agreement, the balance of the purchase price in the sum of nine~thousand six- hundred dollars ($9,600.00) to be paid in three equal install- ments of three-thousand two-hundred dollars ($3,200.00) each. together with interest on the unpaid balance remaining from time to time. Said annual installments of three-thousand two-hundred dollars ($3,200.00) each to become due and payable one year from the date of the execution of the contract and to he paid annually thereafter until the unpaid balance of the purchase price is paid in full. Upon advisement of the City Attorney and recommendation of the Acting City Manager it was moved by COMmissioner Vollmer, seconded by Commissioner Sedivy, that the Mayor and Clerk of the Commission be authorized to execute the Purchase Agreement on behalf of the City of Bozeman and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, 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 Sedivy. seconded by Commissioner Vandeventer, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and Mayor Grabow; those voting No, none. /JdfUltt~1~ WILLIAM E. GRAB ,Mayor ATTEST: I 1 I