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HomeMy WebLinkAbout1969-04-16 340 Bozeman, Montana 16 April 1969 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, 16 April 1969, at 1:00 o'clock p.m. Present were Mayor Morrow, Commissioner Sedivy, Commissioner Langohr, City Manager Fryslie, Ass't City Manager Keyes, Acting City Attorney Angel and the Clerk. Commissioner Langohr opened the meeting with a prayer and the following proceedings were had: Minutes of the regular session held 9 April 1969 were read and it was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the minutes be approved as corrected and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commission- er Langohr and Mayor MOrrow; those voting No, none. Open Cons truc tiOI1 Bids SID No. 492 - Sani tary Sewer Improvemen ts: This was the time and place set for receiving bids for construction of the sanitary sewer improvements between West Lamme and West Beall Street and North Tenth and North Eleventh Avenue, SID No. 492. Affidavit of publication of "Notice to Bidders" was presented. One sealed bid was on file, and it was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that the bid of Long Construction Company, Billings, Montana, be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Sedivy and Mayor Morrow; those voting No, none. Long Construction Company, Billings, Montana - $2,400.00 In concurrence with the recommendation of the City Manager, the bid wasthen referred to the City Engineer and the engineers representing consultant, Thomas, Dean & Hoskins, Inc., to check the Long Construction bid in detail, prepare tabulations and make recommendations for the construction of the improvements. Community Service Project - Cub Scouts of Pack No. 671: A letter received from Mr. D. H. Dickey, Cubmaster of Pack 671, Boy Scouts of America requesting permission to schedule a clean-up drive on Saturday, 19 April 1969 at 1:00 o'clock A.M. on College Street between Eighth and Eleventh Avenue and on Eighth Avenue from Harrison to Main Street was presented. The Police Captain stated that to his knowledge the event would not create a problem and the Police Department has been asked to escort the Cub Scouts on the Clean-up drive. The City Manager concurred with the Police Captain and it was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that permission to conduct the Community Service project as presented, be granted on the basis of a police escort within the capability of their time and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Langohr and Mayor MOrrow; those voting No, none. Reques t J:.() Barricade S ixth Avenu~=---.9il-rfieJd to H~.s for Cons truc tion: Wayne Edsall of the Edsall Construction Company appeared before the Commission to request permission to close and barricade that portion of South Sixth Avenue between the south street line of Garfield and the north street line of Hayes Street and to utilize the side street for storage and machinery moving during the construction of the Engineering Building on which he has a building contract. Following a thorough discussion, it was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that permission to close and barricade South Sixth Avenue from Garfield to Hayes Street be granted the Edsall Construction Company contingent upon Mr. Edsall furnishing 1 1 I 1 1 I written assurance to the City.- 1) that he had coordinated with the property owners & residents on the east side of Sixth Avenue; 2) that the street area used for movement of heavy equipment and material will be repaired by Edsall Construction Company to the satisfaction of the City Engineer. and the City Manager be instructed to discuss this action with Montana State University Physical plant Superintendent Martin Whalen; this permission to terminate not later than 15 September 1969 subject only to further Commission action and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Sedivy and Mayor MOrrow; those voting No, none. Consideration of Construction Bids SID No. 492: It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that consideration of the bid from Long Construction Company in the total amount of $2,400.00 for the construction of the sanitary sewer improvements between West Lamme and West Beall Street and North Tenth and North Eleventh Avenue, SID No. 492 be tabled for further tabulation and recommendation to be brought back for action on Wednesday, 23 April and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Langohr and Mayor Morrow; those voting No, none. Future Land Use Development Plan fur City of Bozeman: A letter received from Mr. Robert F. Keyes, Secretary of the Bozeman City-County Planning Board regarding the Future Land Use Development Plan for the City of Bozeman, that was jointly preparedby the City-County Planning Board and the Montana Department of Planning and Economic Development Planning was presented. Following a thorough discussion, it was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that the action on the Future Land Use Development Plan for the City of Bozeman be deferred for one week for additional study and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Sedivy and those voting no, being Mayor ~orrow. Sewer Line Easement offer to Roy T. Walton: A letter addressed to Roy T. Walton with an offer to provide a Right-of-Way Easement for the installation and maintenance of a sanitary sewer pipe line across the north end of his property was presented as follows: To: eliminate all possible confusion and make a firm offer to you, this letter may be accepted by you as a firm offer from the City of Bozeman for an easement from you across the north end of your property more particularly as described within an enclosure to this letter. In conformity with Mr. Morrow's letter, the City Agrees to include the following provisions: 1. The City agrees to a cash payment for easement of $1,000.00. 2. The City agrees that the proposed sewer line will be at least three feet below the surface of the ground as it crosses the Walton property. 3. The City agrees that Mr. Walton, if and when he desires to include his property within the City, will be extended the same hook-on privileges for his property as accorded to any other property within the City. ~ecifically, the sewer line will be available to serve his property at such time as the property is included within the City Limits and with no special charges. It should be noted, however, that the cost of tying into the City Sewer will be borne by Mr. Walton if and when he desires the service for his property. The present City Administration has no desire or intention of annexing Mr. Walton's property without his consent. Moreover, State Statutes prohibit the City from annexing property used exclusively for agricultural proposes except with the owner's consent. 34:1 342 4. The City agrees to save Mr. Walton harmless from liability to any third persons arising out of sewer line construction on the easement. 5. The City agrees to pay all costs of damage that may be done outside the right-of-way by way of causing and leaving debris and the cutting up of lands all as a result of construction of the proposed sewer line. 6. The City agrees that the land within the easement will be leveled after construction to enable farming operations. 7. The City agrees that Mr. Walton's fences will be fully pro- tected as described in item 9 of letter from Mr. James H. Morrow, dated 14 March 1969. 1 The easement will be for a strip of land only thirty feet wide on a permanent basis. Anadditional thirty feet on the south side of the permanent 30 foot easement is needed as a construction easement only. The extra width (thirty feet south of the thirty foot easement) construction easement will expire upon completion of initial installation of the sewer line. No provision will be made in the easement for street or road righ-oi-way. Use of the easement by the City will be only for sewer line purposes. Following a thorough discussion of the proposed offer, the Commission concurred with the re- commendation of the Acting City Attorney, also concurred in by the City Manager and it was moved by Commissioner sedivy, seconded by Commissioner Langohr, that the Right-of-way ease~ent offer as set forth in full be approved and the motion was carried by the Following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Langohr and Mayor Morrow; those voting No, none. ~acation--.fo_!: Ci~Manager - 2?__.!~ril - 2 May 1969: Armor Staff Officer Refresher Course: The City Manager reported an Armor Staff Officer Refresher Course is scheduled to be held at Fort Kno~, Kentucky, 28 April - 2 May 1969, and requested that he be granted vacation leave of ab- sence to attend the course, and that Ass't. City Manager Robert F. Keyes be designated as Acting City Manager during this period. It was moved by Commissioner Langohr, seconded by Commissioner 1 Sedivy, that the request for vacation be granted and that the Ass't. City Manager 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 Langohr, Commissioner Sedivy and Mayor Morrow; those voting No, none. ~orts for Mar~Continued): The following reports were presented for March: Cemetery Sewage Disposal Plant Operator The City Manager commented on the reports and recommended their approval. It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, 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 Sedivy, Commissioner Langohr and Mayor Morrow; those voting No, none. Req~~"for use of Cooper Park - Citizens for Peaceful ~~orld Fair: A request for Members of Citizens for a Peaceful World for permission to use Cooper Park on Sunday, 18 May 1969, between the hours of 9:00 A.M. and 6:00 P.M. for the purpose of presenting a public fair was presented. It was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that the request be deferred for one week for review and consideration and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Sedivy and Mayor Morrow; those voting No, none. Adj?urmne~: There being no further business to come before the Commission at this time, it was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commiss- /) ioner Langohr and Mayor Morrow; those voting No, none. ~... /~ Ju" 7 ..1' ATTEST' Mayor () I