HomeMy WebLinkAbout1969-08-06
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Bozeman, Montana
6 Augus t 1969
The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall
Building, Wednesday, 6 August 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 30 July 1969 were read and it was moved by Commissioner
Sedivy, seconded by Commissioner Langohr, that the minutes be approved as read 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.
Hearing - Ordinance No. 883...L_~E..E.2.Eriation Ordinance (Budget:)
This was the time and place for public hearing on the Appropriation Ordinance No. 883 for the
fiscal year ending 30 June 1970.
Affidavit of publication of Notice of hearing was presented. No one appeared to verbally pro-
test and the Clerk of the Commission stated no formal protests had been filed in opposition to the
adoption and passage of the proposed ordinance and accompanying annual appropriation budget. In con~
currence with the recommendation of the City Manager, it was moved by Commissioner Langohr, seconded
byCommissioner Sedivy, that no protests having been received, the Clerk of the Commission be autho-
rized and directed to publish the ordinance as required by law, Section 11-3319 R.C.M., 1947, 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.
!'-.E.El.!-ca~i9n for Expenditures of H~ No. 436 Funds: Crushed Gravel, Appros. $7,100., Road Oil Approx.
$3,000. :
A discussion was held in regard to purchasing crushed gravel for use in reconstructing and
improving unpaved streets and alleys at an estimated cost of $7,100.00 to be paid for from funds
allocated to the City under provisions House Bill No. 436, and complying with rules and regulations
promulgated by the Montana State Highway Department for administration of the Act. It was moved
by Commissioner Sedivy, seconded by Commissioner Langohr, that an application be submitted to the
State Highway Commission as the number one (1) priority to purchase the crushed gravel for use in
reconstruction and improving of streets and alleys 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.
A discussion was held in regard to the number two (2) priority for the purchase of Road Oil
from the Montana State Highway Commission for the purpose of reconstructing and some maintenance
of City streets and alleys at an estimated cost of $3,000.00 to be paid for from funds allocated to
the City under provisions Extraordinary Session House Bill No. 436 and complying with Rules and
Regulations promulgated by the Montana State Highway Commission for administration of the act. It
was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that an application to purchase
the Road Oil at an estimated cost of $3,000.00 as indicated be submitted to the State Highway
Commission, Helena, Montana, and the motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Langohr, Commissien Sedivy and Mayor Morrow; those voting No, none.
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Sani~"!.El Sewer Pipe Line Easements - Waste Water Treatment plant Proje;~t:..~ KeitJl~__Dorothy Be'y!'
Northern Pacific Ry.:
Sanitary Sewer Pipe Line Easements from Keith & Dorothy Beyl and the Northern Pacific Rail-
way Company for the installation and maintenance of a sanitary sewer pipe line across their property
as a part of the new waste water treatment plant project was presented. The City Manager recommended
that the City enter into the Agreement as approved as to form by the City Attorney and it was moved
by Commissioner Sedivy, seconded by Commissioner Langohr, that the Easement Agreements be entered
into by the City and the Mayor and the Clerk of the Commission be authorized and directed to sign
for the City and that the claim for $50.00 attached to the Beyl Easement as payment therefor and the
claim for $200.00 attached to the Northern Pacific Easement in payment of the first years rental be
approved and ordered paid 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.
Proclamation - "Willing Water Week" 10-16 August 1969:
Mayor Morrow announced his proclamation of 10-16 August 1969, as ''Willing Water Week" and
sincerely urged all citizens of Bozeman to join in developing wider understanding of the contri-
butions, services and the future needs of the Bozeman City Water Works. It was moved by Commiss-
ioner Langohr, seconded by Commissioner Sedivy, that this proclamation of the Mayor be endorsed 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.
Easement - Water Transmission Line - Guy R. & Ruth H. Sperry:
An Easement and Right of Way Agree~ent for a water transmission line across the property
owded by Guy R. and Ruth H. Sperry was presented. The City Manager recommended that the City enter
into the Agreement and it was moved by Commissioner Sedivy, seconded by Commissioner Langohr. that
the City enter into the Agreement and the Mayor and the Clerk of the Commission be authorized and
directed to sign for the City and the claim for $295.60 attached to the easement as payment therefor
and full compensation for damages be approved and ordered paid 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.
Riverside Manor Subdivision for Approval:
The final plat of the Riverside Manor Subdivision was presented. The City Manager in con=
currence with the City~County Planning Board recommended that the plat be approved as presented and
it was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that the plat be approved
as recommended subject to the State Board of Health approval and that the City Manager be authorized
and directed to sign the plat as the Director of Public Service 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.
Re.s.uest to Stencil Street No's. on Curbs: Ken Yaw and Fred Hos~
A request from Mr. Ken Yaw and Mr. Fred Hosley for permission to engage in an enterprise to
stencil house numbers on City curbs was presented. Following a discussion, it was moved by Comm-
issioner Sedivy, seconded by Commissioner Langohr, that the request be approved upon securing the
appropriate business license with a suggestion that the numbers all be of the one color, creating
an appearance of uniformity and the motion was carried by the following Aye and No vote: those
~oting Aye being Commissioner Sedivy, Commissioner Langohr and Mayor Morrow; those voting No. none.
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Authority to Call for Bids [or One Ton Truck - Water D~t., Approx. $3900.00 to open 3 Sept:_:
The water department has need for a one (1) ton truck at an approximate cost of $3,900.00. The
City Manager stated that specifications for the vehicle have been prepared. It was moved by Comm-
issioner Langohr, seconded by Commissioner Sedivy, that the purchase of the one (1) ton truck be
approved and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase to
be received and opened 3 September 1969, 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.
Surety Bond~ Ass't Water Collector and Cashier - Mrs. Helen Wansink ($10,000.00):
The Surety Bond in the amount of $10,000.00 written by Hartfo1d Accident and Indemnity Company
for Helen Wansink, Ass't. Water Collector and Cashier for a period of one year from 1 August 1969
to 1 August 1970 and approved as to form by the Acting City Attorney was presented. It was moved
by Commissioner Sedivy, seconded by Commissioner Langohr, that the bond be approved as presented 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.
~~mp1etion & Final Acceptance SID No. 487 and 488 Paving Kaby Blvd - Paving East Babcock:
The certificate of the engineer of Thomas, Dean and Hoskins, Inc., on Special Improvement Dis-
trict No. 487 and 488 stating the construction 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, that penalties for overrun of the contract time be waived
and final payment made. It was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that
as recommended, the projects be accepted as completed and the Director of Finance be directed to issue
warrants in payment of the same and the motion was carried by the following Aye and No vote: those
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voting Aye being Commissioner Langohr, Commissioner Sedivy and Mayor Morrow; those voting No, none.
Change Order No. 1 - Water Works Betterment Project:
The change order No. 1 on the Water Works Betterment Project prepared by Thomas, Dean & Hoskins,
Inc., to become a part of the original contract for construction of improvements in the project de-
scribed was presented as follows:
a) Description: Paragraph 2.2 Cast Iron Fittings ARTICLE 4 CONSTRUCTION OF SPECIFICATION
4E WATER MAIN PIPING AND FITTINGS which reads, "Cast iron pipe fittings shall conform
to A.S.A. A21.10 Specification for short-body cast iron pipe fittings" is hereby ex-
panded to include steel pipe fabricated fittings, manufactured to Federal Specification
SS-P 385A, PIPE,STEEL, (CEMENT-MORTAR LINING AND REINFORCED CEMENT-MORTOR COATING).
B) Purpose: To expedite construction of the Lyman Creek and South Reservoir Trans-
mission lines.
C) Cost: The above described change order shall in no way increase the contract amount.
The City Manager concurred with the Engineers and recommended the change order be accepted
and approved as presented. It was moved by Commissioner Langohr, seconded by Commissioner Sedivy,
that change order No. 1 be approved and that the Mayor and the Clerk of the Commission be author-
ized to sign for the City and the motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Langohr, Commission Sedivy and Mayor MOrrow; those voting No, none.
Report for July:
The following reports were presented for July:
Police Judge
Police Chief
Fire Chief
Building Inspector
The City Manager commented on the above reports and recommended their approval. It was moved
by Commissioner Langohr, seconded by Commissioner Sedivy, that the reports be approved and ordered
filed and the motion was carried by the following Aye and No vote: those voting Aye being Commiss
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ion Langohr, Commissioner Sedivy and Mayor Morrow; those voting No, none.
Claims for July:
Claim Nos. 4486 thru 4795 inclusive were presented on the various funds as follows:
General $35,462.05 Band $ 818.50
Street 11,936.43 Garbage 6,715.98
Water 39,245.78 Parking Meter 1,524.42
SDS 5,813.13 Police Reserve 1,532.70
Library 3.166.83 P.E.R.S. 1,808.29
Planning Board 60.00 SID's 23,030.58
Park 11,818.58 Dr. Education 512.00
Cemetery 4,515.43 $147,960.70
The City Manager commented on the claims and found them to be true and lawful claims against
the City of Bozeman and recommended they be approved and the Director of Finance be directed to
issue warrants in payment. After examination of the claims and checking against the claim register,
it was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the claims be approved
and the motionwas carried by the following Aye and No vote; those voting Aye being Commissioner
Sedivy, Commissioner Langohr and Mayor Morrow; those voting No, none.
Tribute to Henderson Family and Scott Family - Letters of Condolence:
Mayor Morrow and the City Commission officially noted the death of Lt. Hal Henderson and
Harold B. Scott and directed that an appropriate letter of Condolence be addressed to the families
of Lt. Hal Henderson and Harold B. Scott.
Judge Andriola - Resignation as Police Judge:
A letter received from Richard J. Andriola submitting his resignation as Police Judge of the
City of Bozeman to be effective 1 September 1969 was presented. Judge Andrilo stated that he has
recently associated with the firm of Berg O'Connell and Angel in the practice of law and finds his
resignation a necessary action to avoid possible appearance of impropriety with the City Attorney
and Police Judge being members of the same law firm.
The Commission concurred with the City Manager and expressed their appreciation for the way
in which Mr. Andriolo brought stature and dignity to the Police Court of the City of Bozeman and it
was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that his resignation be taken
under advisement 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.
Adjollrnment:
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 meeti8 be adjourned and the motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Comm-
issioner Sedivy and Mayor Morrow; those voting No, none.
ATTEST:
CJ
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Clerk of
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