HomeMy WebLinkAbout1973-09-19
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Bozeman, Montana
19 September 1973
The Commission of the City of Bozeman met in regular session Wednesday, 19 September 1973, at
l:lS o'clock p.m. Present were Mayor Grabow, Commissioner Sedivy, Commissioner Lehrkind, Commissioner
Vandeventer, City Manager Fryslie, Ass't. 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 12 September 1973 were approved as read.
Authorize Absence of Commissioner Vollmer:
Upon the recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by
Commissioner Lehrkind, that the absence of Commissioner Vollmer be authorized in compliance with Sec-
tion ll-3245, R.C.M., 1947 and the motion was carried by the following Aye and No vote: those voting
nter
Aye being Commissioner Lehrkind, Commissioner Vandeve, Commissioner Sedivy, and Mayor Grabow; those
voting No, none.
Hear~ng, Res. No. 1611, Levying Solid Waste Collection & Disposal - $l32,096.7l - Final Passage
This was the time and place set for public hearing on levying the solid waste collection and dis-
posal assessment in the amount of $132,096~7l. Affidavit of publication of Notice was presented. No
one appeared to protest and no protests having been filed, it was moved by Commissioner Lehrkind, sec-
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onded by Commissioner Vandeventer, that Commission Resolution No. 1611 provisionally passed and adopted.
at the regular session held 12 September 1973 be finally passed and adopted and the motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeven-
ter, Commissioner Sedivy and Mayor Grabow; those voting No, none
Application for Kennel__License - Vicki Moffett, 414 North Plum Street
An application received from Vicki Moffett, 414 North plum Street requesting a kennel license in
accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with the
required feed was presented.
The City Manager read a letter received from Miss Moffett and also the dog marshalls comments
regarding the license application and concurred in the recommendation of the dog marshal, that the
request for the kennel license be denied.
Miss Moffett was also present to discuss the kennel license am to answer various questions.
Following a thorough discussion, and in concurrence with the recommendation of the Dog Marshall,
also concurred in by the City Manager, it was moved by Commissioner Vandeventer, seconded by Commiss-
ioner Sedivy, that the request be slilnied based upon the dogs creating a nuisance and the motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commission-
er Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none.
Acceptance and F~nal ~~nt, SID No. 524, Water & Sewer - Circle Drive
The certificate of the engineers of Thomas, Dean & Hoskins, Inc., on Special I provement District
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No. 524, stating the construction of Sanitary Sewer and Water Improvements for Circle Drive has been
completed in accordance with the plans and specifications was presented. The City Manager concurred
in the recommendation of the engineers and recommended that the project be accepted and approved by
the City Commission and final payment made. This final acceptance and payment does not relieve the
contractor of responsibility for negligence in faulty materials or workmanship to the extent or period
provided for by law. The contractor has furnished a performance bond equal to the contract bid to
guarantee materials and workmanship for a period of one year commencing upon final acceptance. It was
moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that as recommended the project be
accepted as completed and the motion was carried by the following Aye and No vote; those voting Aye
being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those
voting No, none.
Authority to purchase New Lowering Device1"Cernetery - $1,012.00
The cemetery has need for a new lowering device costing approximately $1,012.00 and the City
Manager requested authorization to purchase the new lowering device.
The Commission concurred in the recommendation of the City Manager and it was moved by Commiss-
ioner Lehrkind, seconded by Commissioner Vandeventer, that the purchase of the new lowering device in
the approximate amount of $l,OI2.00 be authorized as recommended and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer,
Commissioner Sedivy and Mayor Grabow; those voting No, none.
Authority to Purchase Truck - Waste Water Treatment Plant, $3,995.00
The Waste Water Treatment Plant has need for a new pickup truck and the City Manager requested
authorization to purchase an F-260 Ford Pickup in theamount of $3,995.00 along with a 1952 Chevrolet
truck trade-in.
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Following recommendation by the City Manager, it was moved by Commissioner Vandeventer, seconded
by Commissioner Sedivy, that the purchase of the new F-260 Ford Pickup be authorized as an item of the
1973-1974 budget and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vandeventer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting
No, none.
License Bond. - Donald Cotton, House Moving - $2,000.00 (Continuance)
In accordance with the provisions of Ordinance No. 785, the continuation certificate for the build-
ing movers bond as surety for a moving permit on Cotton House Moving Company, Helena, Montana, in the
amount of $2,000.00 was presented. The Building Inspector had recommended the continuation of the
House Moving Bond and the City Attorney approved the bond as to form. It was moved by Commissioner
Sedivy, seconded by Commissioner Lehrkind, that the continuation of the house moving bond be approved
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sed-
ivy, Commissioner Lehrkind, Commissioner Vandeventer and Mayor Grabow; those voting No, none.
Commiss:on Resolution No. 1612. Estimated Assessment SID No. 531. Paving Circle Drive - $88,000 Hear 9/26/73
Commission Resolution No. l6l2 levying the assessment for the construction and installation of
Paving Circle Drive in the estimated amount of $88,000.00 was presented, entitled
COMMISSION RESOLUTION NO. l6l2
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND
ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL
IMPROVEMENT DISTRICT NO. 531 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE
OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS
WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 53l.
It was moved by Commissioner Lebrkind, seconded by Commissioner Vandeventer, that the resolu-
tion be provisionally passed and adopted and 26 September be the date set for the public hearing
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Lehrkind, Commissioner Vandeventer, Commissioner Sedivy and Mayor Grabow; those voting No, none.
Commission Resolution No. 1613, Sidewalks and Curbs: $23,464.17, hearing 26 Sept. 1973
Commission Resolution No. 1613 assessing cost of repair, replacement or construction of side-
walks and curbs for the year 1973 in the amount of $23,464.l7 was presented, entitled:
COMMISSION RESOLUTION NO. 1613
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING
A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTIES IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
INSTALLING ANDIOR REPAIRING MISCELLANEOUS SIDEWALKS AND CURBS DURING THE
YEAR 1973.
It was moved by Commissioner Vandeventer. seconded by Commissioner Sedivy, that the resolu-
tion be provisionally passed and adopted and 26 September be the date set for the public hearing
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Vandeventer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Grabow; those voting No, none.
Commission Rsolution No. 1614, Final Assessment SID No. 519, Mendenhall & Lamme St. Between 10th & 11th
$2l,194.74, Hearing 26 September 1973
Commission Resolution No. l6l4, levying the final assessment for the construction and installa-
tion of paving, Mendenhall & Lamme Street between lOth & 11th Avenue, SID No. 519 in the amount of
$2l,194.74 was presented, entitled:
COMMISSION RESOLUTION NO. l6l4
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND
ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IM-
PROVEMENT DISTRICT NO. 519 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE
OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING TIlE IMPROVEMENTS
WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 519.
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Commission Resol-
ution No. l6l4 levying and assessing the final amount in SID No. 519 be passed and adopted and 26
September 1973 be set as the date for public hearing and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner Vande-
venter and Mayor Grabow; those voting No, none.
Commission Resolution No. 1615, Pinal Assessment SIn No. 520, Paving No. 20th Av(~. Main to Beall
$1.,9,11.9.17, hea~?6 September 1973
Commission Resolution No. l6l5, levying the final assessment for the construction and installation
of paving North 20th Avenue, from Main Street to Beall, SID No. 520, in the amount of $49,l49.17 was
presented, entitled:
COMMISSION RESOLUTION NO. l6l5
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND
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ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL
IMPROVEMENT DISTRICT NO. 520 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTNA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM-
PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 520
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that Commission Re-
solution No. 1615 levying and assessing the final amount in SID No. 520 be provisionally passed
and adopted and 26 September be set as the date 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 and Mayor Grabow; those voting No, none.
Authority to Purchase Fire Turn-out Gear, Volunteer Firemen, $l,5l5.00 for T\>lclve Firemen
The City Manager concurred in the recommendation of the Fire Chief requesting authority to
purchase fire turn-out gear for twelve volunteer firemen in the approximate amount of $1,515.00.
Following a discussion and in concurrence with the recommendation of the City Manager, it was
moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that authorization be granted
to purchase the fire turn-out gear for twelve firemen and the motion was carried by the following
Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner
Sedivy and Mayor Grabow; those voting No, none.
Request for Variance to Sign Code - Allan Green
A letter received from Allan W. Green, 506 East Babcock Street, requesting a variance to the
Bozeman Sign Code for the erection of a free standing sign measuring 10' high by 9' in width to be
made from wood treated with a fire resistant material and set back from both Babcock Street and Church
Avenue 10' was presented.
Following a thorough discussion and in concurrence with the recommendation of the City Manager,
it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that Allan Green be granted
a variance of the Sign Code with a 15' setback rather than a 10' setback from the property line along
both Babcock Street and Church Avenue and the motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Lehrkind and Mayor
Grabow; those voting No, none
Ordinance No. 936, Vacate Alley, Block 1, North Seventh Addition
ORDINANCE NO. 936
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE NORTH 120 FEET OF THE ALLEY
LOCATED IN BLOCK ONE OF NORTH SEVENTH ADDITION TO THE CITY OF BOZEMAN, MONTANA.
It was moved by Commissioner Sedivy, seconded by Commissioner Leh rkind, that Orddlnance No. 936
as prepared by the City Attorney, vacating the north 120 feet of the Alley located in Block 1 of the
North Seventh Addition to the City of Bozeman be passed and adopted and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Comm-
issioner Vandeventer and Mayor Grabow; those voting No, none.
Reports:
The Following reports were presented:
Director of Finance Director of Public Service
Cemetery Water Collector
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 Sedivy and Mayor Grabow; those voting No, none.
Transfer of Beer License - Change of Address, Little John's to 5lS.W. Aspen Street
An application received from John Hooper of Little John's requesting that the address of his
beer license be changed from 1/2 West Main Street to 515 West Aspen Street along with the required
license fee in the amount of $5.00 was presented. The Commission concurred with the recommendation
of the City Manager and it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy,
that the application for the change of address 0f the beer license from John Hooper of Little John's
in accordance with Chapt 4.04.060 of the Bozeman Municipal Code be approved and the Direcoo~ of Fin-
be directed to issue a license in accordance therewith and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Lehr-
kind 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 Comm-
issioner Sedivy, seconded by Commissioner Lehrkind, that the meeting be adjourned and the motion was
carried by the following Aye and No vote: those voting
and Mayor Grabow.
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