HomeMy WebLinkAbout1973-08-15
I
I
I
473
Bozeman, Montana
l5 August 1973
The Commission of the City of Bozeman met in regular session in the Commission Room, MUnicipal Building,
15 August 1973, at 1:l5 o'clock p.m.
Present were Mayor Grabow, Commissioner Sedivy, Commissioner Lehrkind,
Commissioner 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 meetingheld 8 August 1973 were approved as read.
Minutes of the special meeting held 13 August 1973 were approved as read.
Open Bids - 90,000 lbs Chlorine
This was the time and place set for opening bids for the purchase of approximately 90,000 lbs. Liquid
Chlorine for the water department and the waste water treatment plant. 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 being none.
The following bids were then opened and read:
Northwest Industrial
Pennwalt Chemical Corp.
35,000f!
35,000#
55,000#
35,000#
55,000#
150# Cylinders - $ 23.60
150# Cylinders - $ 0.152
1 ton Containers - $121.00
150# Cylinders - $ 22.80
1 ton Containers - $l33.50
$ 7. 00
per cylinder
per cylinder
per ton
per cylinder
per ton
Surcharge
SEC Corp.
The City Commission concurred with the recommendation of the City Manager and it was moved by Commissioner
Lehrkind, seconded by Commissioner Vandeventer, that the bids be referred to the staff for tabulation and
recommendation to be made to the Commission at their next meeting on Wednesday, 22 August 1973. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner
Vandeventer, Commissioner Vallmer,:Commissioner Sedl-vy,land Mayo:dGrabow; those voting No being none.
Consideration of Sale of Property - Lot 3 and No.5' Block B, Aldprson's
Having been tabled for a period of one week, consideration of the sealed bid of Howard Nelson of Dokken
Nelson Funeral Home in the amount of $7,500.00 and the oral bid in the amount of $9,000.00 for the sale of
Lot 3 and the No.5' of Lot 4,Block B, Aldersons Addn. was again presented.
Mr. phil Frye of the St. George and the Dragon was present to state his objection to the City not
continuing the use of the above property as a parking lot.
After conversing with the City Manager the Acting City Manager recommended that the sale of the property
be tabled for a period of one more week for further study.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the sale of the property
be tabled for a period of another week for further study and recommendation 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 being none.
Mark Adrian - Present ReKarding Moving 2 Story Structure from Elk~ club Property on East Babcock ~treet
Mr. Mark Adrian was present to appeal the denial of the Building Inspector and the Acting City Manager
of a moving permit to temporary move a 2 story house from the Elks Club property to a temporary storage on a
vacant lot owned by Waite and Company on East Babcock Street.
The Building Inspector was present to explain the reasons for this denial, those being the lack of assurance
that this house would be moved from the lot in a reasonable length of time, and the temporary location within
Fire Zone One which does not allow this type of ~tructure.
474
The Acting City Manager voiced his opposition to this proposal but stated a twenty-four hour storage
in his opinion would not be unrealistic.
Following a lengthy discussion, it was moved by Commissioner Sedivy, seconded by Commissioner
Lehrkind, that upon receipt of written permission from the owners of Colonel's Restaurant, Mr. Adrian be
allowed to temporarily store this structure at Colonel's Restaurant, 1104 East Main Street for a period
this not be used to set a precedent. Mr. Adrian pledged that he would forfeit his bond if he did not
I
not to exceed seventy-two hours. and that this permission be grated on a one time basis and that
comply with the provisions of his request. 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 being none.
Ordinance No... 914 - Appropriation for Fiscal Year 1973-l97"-, Final Adoption:
The affidavit of publication of the annual Appropriation Ordinance for the fiscal year ending 30 June
1974 was presented with Appropriation Ordinance No. 934, entitled :
Appropriation Ordinance No. 934, set forth in full:
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 1974.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
The Acting City Manager stated that he knew no reason to suggest any change in the Ordinance since
it has been provisionally passed the 18th day of July 1973 and a public hearing held on 8 August 1973
and therefore recommended final adoption thereof. It was moved by Commissioner Lehrkind, seconded by
Commissioner Vandeventer. that Appropriation OrdinBnce No. 934 be finally passed and adopted and the
I
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 being none.
Resolution l601 - Intent to Vacate Portion of Alley, Block 1, North Seventh Addn. - Hearing l2 September 1973
Commission Resolution No. 1601, set forth in full:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE
THE ALLEY IN BLOCK ONE OF NORTH SEVENTH ADDITION TO THE CITY OF
BOZEMAN, MONTANA.
Prepared by the City Attorney as directed by the Commission declaring it to be the intent to vacate
the North l20 feet of the alley located in Block one of North Seventh Addition to the City of Bozeman was
presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer. that Commission Resolution
No. 1601 be passed and adopted and 12 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 Vandeventer, Commissioner
Vollmer. Commissioner Sedivy. Commissioner Lehrkind, and Mayor Grabow; those voting No being none.
Commission Resolution No. 1602 leving assessment in the total amount of $16,966.12 for the various
I
Commission Resolution No. 1602 - Assessing Street Lighting 1973, Hearing 22 August 1973, Sl6,966.12
lighting districts for the year 1973 was presented.
Commission Resolution No. 1602, set forth in full:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA
LEVYING AND ASSESSING LIGHTING DISTRICT MAINTANANCE AND ELECTRICAL
CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY
OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTION 11-2252, R. C.M.,
1947
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN:
I
I
I
475
It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution be provisionally
passed and adopted and Wednesday 22 August 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 Vollmer, Commissioner Sedivy,
Commissioner Lehrkind, COmmissioner Vandeventer, and Mayor Grabow; those voting No being none.
Commission Resolution No. 1603 - Assessing Special Tax Levy for Sprinkling Districts
Hearing 22 August 1973 $6,136.30
Commission Resolution No. 1603 levying assessment in the total amount of $6,136.30 for street sprinkling
and cleaning for the year 1973 was presented.
Commission Resolution No. 1603, set forth in full:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, LEVYING AND ASSESSING
A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN STREET SPRINKLING
DISTRICTS OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO
DEFRAY SEVENTY- FIVE PERCENT OF THE COST OF SPRINKLING STREETS WITHIN SAID
STREET SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN FOR THE YEAR 1973.
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind, that the resolution be provisionally
passed and adopted and Wednesday, 22 August 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 Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting No being none.
Conrrnission Resolution No. 1604 - Assessing Final Assessment SIn No. 514, $10,561.38
Provisional Passage, Hearing 22 August 1973
Commission Resolution No. 1604 levying the final assessment for the construction and installation of a
Sanitary Sewer Lateral Main SID N. 514 in the total amount of $10,56l.38 was presented, entitled:
Commission Resolution No. 1604, set forth in full:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL
IMPROVEMENT DISTRICT NO. 514 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE
IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRIcr NO. 514.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the resolution be
provisionally passed and adopted and 22 August 1973, be set as the date for public hearing and the motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, COmmissioner
Vandeventer, Commissioner Vollmer, Commissioner Sedivy, And Mayor Grabow; those voting No being none.
Commission Resolution No. 1605 - Assessing Final Assessment, SID No. 516 -$.~.~..L93~_~_~?
Provisional Adoption, hearing 22 August 1973
Commission Resolution No. 1605 levying the final assessment for the construction and installation of said
trunk sanitary sewer mains, SID No. 516 in the total amount of $44,034..38 was presented, entitled
Commission Resolution No. 1605, set forth in full:
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. 516 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. 516
It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer that the resolution be
provisionally passed and adopted and 22 August 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 Vandeventer, Commissioner
Vollmer, Commissioner Sedivy, Omnmissioner Lehrkind, and Mayor Grabow; those voting No being none.
r.ommission R~solution No. 1606 - Assessing Final A3s~ssment, SIn ~o. 517, S15,85Q.R8
Proviqinn~l Adoption, H~aring 22 Au~ust 1973
Conrrnission Resolution No. 1606 levying the final assessment for the construction of lateral sanitary sewer
to serve the Tai Lane Addition and a portion of Boylan Addition, SID No. 517 in the total amount of $ 15,859.88
was presented, entitled:
Commission Resolution No. 1606, set forth in full:
476
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. 517 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. 517
It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the resolution be provisionally
passed and adopted and 22 August 1973 be set as the date for public hearing and the motion was carried by
Commissioner Lehrkind, Oommissioner Vandeventer, and Mayor Grabow; those voting No being none.
I
the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy,
Request for Variance to SiRn Code - McDonalrl's
A letter received from Rainbow Sign, Inc., requesting a variance of the height of the McDonald Restaurant
directional signs composed of two signs from the regulation 10'height to bottom of sign to 2' to the bottom of
these two signs was presented.
The Commission concurred in the recommendation of the Acting City Manager and it was moved by Commissioner
Sedivy, seconded by Commissioner Lehrkind, that the sign be granted as requested 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 being none.
Licensp Bond: J. W. Tschache Gas Fitt<>r (Continuation)
Everett G. ERbert Plumbing (Continuation)
In compliance with Chapter 15 of the Bozeman Municipal Code, the continuation of the gas fitter bond of
J. W. Tschache, Bozeman and the continuation of the plumbing bond of Everett G. Egbert, Bozeman, was presented.
The Acting City Manager stated the Building Inspector had recommended approval of the above mentioned bonds as
to form. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the aforementioned
bonds 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
I
Grabow; those voting No being none.
Report - Cashier
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 cashiers report 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 being none.
Request for Recommendation - Secure Shakespear Parks program for 1974
A letter received from Bruce C. Jacobson, Chairman of Theater Arts requesting that a letter be addressed to
the president and vice president of Montana State University and the Executive Director of the Montana Arts
Council in regard to securing support for the Shakespeare~in the parks program for n6tt year was presented.
Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner SediVy, that a
letter addressed to the president and vice president of the Montana State University, and to the Executive
Director of the MOntana Arts Council in regard to securing the above support and that Mr. Jacobsen be commended
those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind, Commissioner
I
on the excellent job he did with this program. The motion was carried by the following Aye and No. vote
Vandeventer, Commissioner Vollmer, and Mayor Grabow; those voting No being none.
Primary Election
It was moved by Commissioner Sedivy, seconded by Commissioner Lehrkind that the Notice of Primary Municipal
Election to be held on Tuesday, 28 August 1973 be approved as presented and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Lehrkind, Commissioner
Vandeventer, Omnmissioner Vollmer, and Mayor Grabow; those voting No being none.
I
I
I
Adjournment
.q7?
There being no further business to come before the Commission at this time, it was moved by Commissioner
Lehrkind, seconded by Commissioner Vandeventer, that the meeting be adjourned and the motion was carried
Commissioner Vollmer, Commissioner Sedivy, and Mayor Grabow;
by the following Aye and No vote: those voting Aye being Omnmissioner Lehrkind, Oammissioner Vandeventer,
ATTEST
.e / :A5;; 4
"'" /.~4'<." ~ (, ,.,' ....'.z.,... ' ,,'.- "'.-'!'"
ERNA V. HARDING,
Clerk of the City Commission
those voting No being none.
,
w