HomeMy WebLinkAbout1973-06-20
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Bozeman, Montana
20 June 1973
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 20 June 1973, at 1:15 o'clock p.m. Present were Mayor Grabow, Commissioner Lehrkind, Comm-
issioner Vandeventer, Commissioner Vollmer, Acting City Manager Keyes, City Attorney O'Connell and
the Clerk.
Commissioner Lehrkind opened the meeting with a prayer and the following proceedings were had.
Minutes of the regular meeting held Wednesday, 13 June 1973, were approved as read. I
Authorize Absence of Commissioner Sed~
Upon the recommendation of the Acting City Manager, it was moved by Commissioner Vollmer, seconded
by Commissioner Lehrkind, that the absence of Commissioner Sedivy be authorized in compliance with
Section 11-3245, R.C.M., 1947 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.
Q.R.ening Bids - Fencing Recrea tion Complex
This was the time and place set for opening bids for the Bozeman Recreation Complex Exterior 8'
fence as prepared by Morrison Maierle Inc. Affidavit of publication of "Notice to Bidders" was pre-
sented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the bids
be opened and read 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.
The following bids were then opened and read.
Kober Construction Company, Billings
#1
Alt.#l
$10,690.00
19,390.00
Mountain States Fencing Co., Salt Lake City
Material Bid.
$ 9,804. 96
$ 8,271.76
28,372.00
10,910.00
23,680.00
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Northwest Fence Products, Gt. Falls
#1
Alt #1
4/:l
Alt #1
Joseph Yureck, Bozeman
The Commission concurred with the recommendation of the Acting City Manager and it was moved by
Commissioner Lehrkind. seconded by Commissioner Vandeventer, that the bids be referred to consulting
engineers Morrison Maierle. members of the Soft Ball Association and the Recreation Director 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. Comm-
issioner Grabow; those voting No, none.
Open Bi~.s: 197~ Walk & Curb Program - To be Readvertised, opening date 3 July 1973
This was the time and place set for opening bids for the repairing and reconstruction of mis-
cellaneous sidewalks and curbs. The Clerk reported that the publication was noc accomplished as per
the requirements for this type of project. The Acting City Manager stated that no bids had been
received and recommended that the clerk of the Commission be authorized to readvertise the "Call for
Bids" for repair and/or installation of "Walks & Curbs" to be opened on 3 July 1973. It tl7as moved
by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Clerk of the Commission be
authorized and directed to "Call for Bids" for repair and/or installation of W;Jlks and Curbs 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.
Sale of Bonds: SID No. 524, Water & Sewer Circle Drive - $56,000.00
This was the time and place set for the sale of bonds of Special Improvement District No. 524
in the total amount of $56,000.00 for the construction of watermain and sanitary sewer mains on the
entire length of Circle Drive and a portion of Spring Creek Drive. Affidavit of publication of Notice
of the sale of the bonds was presented.
The Mayor and Acting City Manager outlined the proceedure for conducting this bond sale and
stated that the amount of bonds to be sold for this district would be $56,000.00 as advertised.
Mayor Grabow announced that the City was ready to conduct oral bidding on the bonds of Special
Improvement District No. 524 in the amount of $56,000.00.
The following bidders qualified hy depositing with the Clerk of the City Commission the necessary
bid security.
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Bidder
Represen ting
Self
First National Bk.
Security Bank & Trust
Self
Bolinger & Welcome
Chuck Newland
Bill Cocales
Donald Weaver
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The lowest effective interest rate accruing to the City of Bozeman offered as oral bids were
as fo llows :
Bidder
Interest Rate
Security Bank & Trust Co. 6.3%
Bolinger & Wellcome 6.1
First National Bank 6.0
Donald Weaver 5.9
Following the recommendation of the Acting City Manager, it was moved by Commissioner Vollmer,
seconded by Commissioner Lehrkind, that the bid of Donald Weaver, Bozeman, in the amount of 5.9% it
being the lowest and best bid submitted, the sale of the bonds be awarded to Donald Weaver and the
hid security of the unsuccessful bidders be returned and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vande-
venter and Mayor Grabow; those voting No, none.
Consideration of Construction Bids, Water & Sewer, Circle Dr. SID No. 524
The engineers representing consultants Thomas, Dean & Hoskins, Inc., and the City Engineer having
completed their study of the bids submitted for the construction of Watermains and sanitary sewer
mains on the entire length of Circle Drive and a portion of Spring Creek Drive SID No. 524 and after
receiving the contractors equipment list and proposed schedules and having prepared a final tabulation
of the bids recommended that the bid be awarded to Johnston Excavating, Bozeman, on the basis of their
low bid in the amount of $42,897.70.
The Commission concurred with the recommendation of the engineers, also concurred in by the Act-
ing City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer,
that Johnston Excavating, Inc., of Bozeman be awarded the hid on the basis of their low bid and that
the bid security of the unsuccessful bidders be returned 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.
Hearing on Commission Resolution No. 1577 - a) Ordinance No. 930 - Vacation of Streets and Alleys,
Rouses Addn.
That was the time and place set in Commission Resolution No. 1577 for hearing protests to vac-
ating a portion of Babcock Street lying in Rouses Addition to Bozeman, Montana, lying between Block
C of Rouses Addition and Block B of Rouses Second Addition to Bozeman, Montana. Affidavit of publi-
cation of Notice and the Clerks Certificate stating that all property owners had been notified as
required by law was presented. There were no written protests on file and no one appeared to pro-
test verbally. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that
they concur in the recommendation of the Acting City Manager and Ordinance No. 930, entitled
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THAT PORTION OF BABCOCK STREET
LYING IN ROUSE ADDITION TO nOZEMAN, MONTANA, LYING BE'TIoJEEN BLOCK C OF ROUSE
ADDITION AND BLOCK B OF ROUSE'S SECOND ADDITION TO BOZEMAN, MONTANA;t\LSO
THE 20 FOOT HIDE ALLEY OF BLOCK B OF ROUSE'S SECOND ADDITION; THAT PORTION
OF OLIVE STREET LYING IN ROUSE'S SECOND ADDITION TO BOZEMAN, MONTANA, BE-
TWEEN AND ABUTTING ON BLOCK B AND BLOCK C OF SAID ROUSE'S SECOND ADDITION;
THE EAST-WEST 20 FOOT WIDE ALLEY OF BLOCK C ABUTTING ON LOTS I THROUGH 13
OF BLOCK C ON THE NORTH AND LOTS 11+ THROUGH 26 OF BLOCK C ON THE SOUTH,
BOUNDED ON THE WEST BY THE EAST LINE OF SOUTH WALLACE AVENUE AND BOUNDED
ON THE EAST BY THE WEST LINE OF IDA STREET; AND THAT PORTION OF EAST CURTISS
STREET LYING TN SAID ROUSE'S SECOND ADDITION, BOUNDED ON THE SOUTH BY BLOCK
F OF SAID ROUSE'S SECOND ADDITION AND A PORTION OF THE CITY OF BOZEMAN
CEMETERY LAND, BOUNDED ON THE WEST BY THE EAST LINE OF SOUW HALLACE AVENUE
AND ON THE EAST BY THE WES~ LINE OF IDA STREET.
as prepared by the City Attorney vacating a portion of Babcock Street ann Rouse's Addition to the
City of Bozeman be passed and adopted and the motion was carried ~y the followinr, Aye and No vote:
those votinz Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Lehrkind and
Mayor Grabow; those voting No, none.
petition for Abatement of Sidewalk Order - University Subdivision:- Addition of East Side of
Third Avenue South and north of South Grand Avenue added to 1973 Program:
A petition from owners of property in University Subdivision requesting a variance of the side-
walks in this area for a period of one year until I July 1974 was presented.
The action of ordering the sidewalks installed in this area was the continuation of action on
the petition raised from this area concerning the lack of access to the University Subdivision. The
Mayor stated that although he would vote in favor of granting this request he would like to go on
record as stating that the initial petition placed the burden for action directly upon the City
Commission and in carrying out the intent of the petition opposition of this improvement is now coming
from the property D'l7ners who reques ted this ac tion.
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It was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that they grant the
request for a variance of the sidewalk~ in the University Subdivision for a period of one year to
I July 1974 and that they share in the Mayors sentiments. 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.
It ~qas moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer. that the property
owners along the East side of Third Avenue South and the property owners North of South Grand Avenue
be notified that sidewalks be ordered in on the 1973 program. 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.
Ordinance No. 931 - Removal of Locks from Abandoned Refrigerators
ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF BOZEMAN ESTABLISHING SECTION 6.05 OF THE BOZEMAN
MUNICIPAL CODE REQUIRING OWNERS OF ABANDONED ICE BOXES, REFRIGERATORS OR
OTHER CONTAINER TO REMOVE THE DOOR, LID OR LOCKING DEVICE WHICH MAY NOT BE
RELEASED FROM THE INSIDE.
as prepared by the City Attorney regarding removal of locks from abandoned refrigerators was presented.
Following a thorough discussion, it was moved by Commissioner Vandeventer, seconded by Commission-
er Vollmer, that Ordinance No. 931 pstablishing section 6.05 of the B07.eman Municipal Code 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 Lehrkind and Mayor Grabow; those voting
No, none.
Execution of Agreements) Seal Coating, Project No. 212(23) Agreement
HB436-254 City of Bozeman Project No. 212(23) Agreement for the construction of approximately
72 blocks of City Streets and including all labor, materials and equip ment to seal coat said streets
by Bozeman Sand and Gravel was presented. It was moved by Commissioner Vollmer, seconded by Commiss-
ioner Lehrkind, that the Agreement be approved and that the Mayor and Clerk of the Commission be auth-
orized and directed to sign the Agreement on behalf of the City and the Motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind and Mayor
Grabow; those voting No, none.
Approval of Plans and Specifications SID No. 531, Paving Circle Drive - Call [or Bids opening 11 Ju~
Bond Sale 13 July
Plans and specifications coverin8 the proposed improvement in Special I~provement District No.
531 for the paving and installation of necessary paving and stor~m drain on Circle Drive and a potion
of Spring Creek Drive in Westridge Subdivision ao prepared by Thomas, Dean & Hoskins, Inc.) consult-
ing engineers was placed before the Commission. Mr. Donald Heaver was present to object to the
portion of storm drainage west of South Third Avenue being included in this project as he had received
prior assurance from the City of Bozeman Engineer that this portion would be an open ditch. The Acting
City Manager recommended that the plans and specifications be approved with the change noted and that
a "Call for Construction Bids" and "Sale of Bonds" for SID No. 531 in the maximum amount of $88,000.
be authorl.zed. It ~qas moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the
plans and specificati.ons be approved and the Clerk of the City Commission be authorized and directed
to publish a "Call for Bids" for the construction of Special Improvement District No. 531 with an
opening date of 11 July and to advertise for the sale of the bonds in the approximate amount of
$88,000.00 to be received 18 July 1973 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.
Petition for Special Improvement District - Remington Addition
A pe ti tion received from 100% of the property owners within the Remington Addition of the City
of Bo~eman requesting the creation of a Special Improvement District for the purpose of installin3
water was presented.
Follm.ring a discussion, it 'ilas moved by Commissioner Vandeventer, seconded by Commissioner
Vollmer, that they concur in the recommendation of the Acting City Manager and instruct the City
Attorney to prepare a resolution of intention to create the district and the motion was carried
by the follo\>7in:s Aye and No vote; those voting Aye being Commiss ioner Vandeven ter, Commissioner Voll-
mer.) Commissioner Lehrkind and MAyor Grabow; those voting No, none.
1\uthorizRtton to Puchase Mower, $3,t~95.00 - Cemetery Department
The Cemetery Dcpartment has need for a lawnmower and requeEted authority to purchase an XL272
Hustler Hydrostatic Rotary Mower at an approximate cost of $3,495.00. It was moved by Commissioner
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Vollmer, seconded by Commissioner Lehrkind, that the purchase of the H\lstler Hydrostatic Rotary Mower
be authorized as an i_tem of the 1972-1973 budget and the motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeven-
ter and Mayor Grabow; those voting No, none.
Resolution No. 1587, Intent to Create SID No. 529, Water & Sewer North 21st, Hcarihg 11 July 1973
UOMMISSIONRESOLUTION NO. 1587
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 529 FOR THE PURPOSE OF
CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SElNER MAIN AND APPUR-
TENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS
FOLLOWS: A SIX (6) INCH ~~ATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF
NORTH ~~ENTY-FI~ST AVENUE BETWEEN BEALL STREET AND DURSTON ROAD; A TEN (10) INCH
HATERMAIN AND APPURTENANCES ON A PORTION OF DURSTON ROAD FROM A POINT APPROXI-
Ml\TELY 117 FEET ~mSTERLY OF THE WEST LINE OF NORTH ThlENTIETH AVENUE TO A POINT
APPROXIMATELY 117 FEET WESTERLY OF THE HEST LINE OF NORTH Th'ENTY_FIRST AvENUE;
AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND TIlE NECESSARY APPURTENANCES
ON THE ENTIRE LENGTH OF NORTH ~~ENTY-FIRST AVENUE BETIJEEN BEALL STREET AND DUR-
STON ROAD TO SERVE LOTS 1 THROUGH 15 OF BLOCK 3 AND LOTS 18 THROUGH 33 OF BLOCK
2 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCA-
VATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VAL~mS, FITTINGS,
HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CON-
STRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NEC-
ESSARY HYES, SERVICE LINE STUBS, MANHOLES; AND OTHER NECESSARY APPURTENANCES
THERETO.
as prepared by the City Attorney was presented. The Commission concurred uith the recommendation of
the Acting City Manager and it was moved by Commissioner Lehrkind, seconded by Commissioner Vande-
venter, that Commission Resolution No. 1587 be passed and adopted and 11 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 Lehrkind, Commissioner Vandeventer, Commissioner Vollmer and Mayor Grabow; those
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voting No, none.
Easement & Tie On Agreement - Mike & Elizabeth Steiner
An Easement & Tie on Agreement by and between Mike N. & Elizabeth M. Steiner and the City of
Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining and re-
moving a sanitary sewer line thereto upon and across portions of the Section 13, Township 2 South,
Range 5 East, M.P.M., to the City of Bozeman was presented.
The Acting City Manager recommended that the City enter into the Easement and Right of Way
Agreement and the Utility Tie On and Annexation Agreement approved as to form by the City Attorney.
It was moved by Commissioner Vandeventer, seconded hy Commissioner Vollmer, that the Right of Way
Agreement be entered into by the City and the Mayor and Clerk of the Commission 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, Commissioner Vollmer, Commissioner Lehrkind and Mayor
Grabow; those voting No, none.
Rep~~
The following reports were presented.
Director of Finance
Cemetery
Water Collector
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The Acting 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
Commissioner Vollmer, Commissioner Lehrkind, Commissioner Vandeventer, and Mayor Grabow; those
voting No, none.
Petition - Humane Society
Several members of the Humane Society appeared before the Commission to present a petition in
connection with the Humane Society.
Following a discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Van-
deventer, that they acknowledge receipt of the petition and postpone action on the petition for a per-
iod of one to two weeks to prepare a recommendation. The motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner
Vollmer and Mayor Grabow; those voting No, none.
Presentation of Know Your State Of Montana
Mrs. Marion Spain and Mrs. Ed. Ward appeared before the Commission and presented Mayor Grabow
and the members of the City Commission with copies of the State League's ne\vly published handbook
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of "Know Your State of Montana."
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the apprec-
iation of the Commission be expressed for the above copies. The motion was carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Comm-
issioner Lehrkind and Mayor Grabow; those voting No, none.
Ad j9.~~t
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vollmer, seconded by Commissioner Lehrkind, that the meeting be adjourned 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.
It '~ tf1z ~
lit ./f({/(~~ -At (}(,(J'
WILLIAM E. GRABOW,! Mayor
AT~T:
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(/-' /4-:! <1":" p.....--7</..?":.. ...,/":: ~~ -
ERNA V. HARDING, J
Clerk of the CHy Commission
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