HomeMy WebLinkAbout1965-02-03
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Bozeman, Montana
February 3, 1965
The Commission of The Cit1 of Bozeman met in regular session in the Commission
Room, City HaLl Building, Wednesday, 3 February, 1965, at l:OU P.M. Present were
Mayor Morrow, Commissioner Sedivy, Commissioner Langohr, City Manager Cutting, Ass't
City Manager Fryslle, City Attorney Berg and the Clerk. I.
Commissioner Sedivy opaned the meeting with a prayer and the following proceed-
ings were had:
Minutes of the last regular session held January 27, 1965, were read and it
was moved by Commissioner Sedivy, seconded by Commissioner Langphr, that the minutes
be approved as read and the motion was carried by the following Aye and No vote:
Voting Aye, Mayor Morrow, Commissioner Sedivy and Commissioner Langohr; voting No,
non e .
Request for vaca tinp; N-S Alley between N. 8th and 9th Avenue - John Saunders
John Saunders appeared in regard to nis request for na ving tne ci'ty vacate
the North-South aliey between No~th ~ighth and Ninth Avenues. Mr. Saunders, as
requested, presented a petition signed by the property owners adjoining the subject
alley. After discussing the proposed area, the City Manager informed the Commission
that as a result of staff examination, he recommended that the request be denied
in the publiC interest. The matter was tabled to permit examination by the Comm-
ission and further consideration ~t the next regular meeting of the Commission on
Wednesday, February 1.V, 1. 965, I
Considera tion 01' Elec trical Complaints
At the request of The ~ity Manager, BuiLding Inspector Barrick reported to
tne Commission the results of his investigation of complaints of non-enforeement
of the E1.ectrical Code cited by representatives of the Electrical Contractors and
ELectricians at the meeting on January 27, 1.965. Mr. Barrick stated that four of
the cases cited were unknown to the Cl'ty and cou1.d not be positively identified.
In all otner cases permits had been obtained and inspections made contrary to the
a1.legations. An additional case was cited of work done by one of the comp1.ainants
in his own home for which no permit was obtained nor 1nspectlon requested and
which could not now be specifiea1.~y identified. He also info~ed the City COnM1-
lssion of the inauguration of inspection cards to be posted on each ,10b on whicn
inspections made wii1. be de. ted and ini tia~ed tna t 1'411 keep a1..1. concerned informed
of tne status of the worK. 'l'ne Ct ty A'ttorney informed the Commiss iou that in his
opinion none of the evidence presented wou~d warrant or sustain complaints of
ordin&r1ce violation be:Lng fl Led in court.
Upon Commission comment that; the oomplainants sholud have Oeen present to I
hear Mr. BarriCl(fs report, the Manager, explained tnat he fe1.t we matter snou.1.d
f.1.rst be disoussed witn the City .Attorney, tha t the ccmp~alnants would be advised
by lette~ of the results of the inves tiga tlon and the ma tter COUld be reviewed in
detail with them at a later date.
Consideration of Adverse Rulinp; of Supreme Count Decision S.l.D. No. 421
The City A ttomey explained the adverse ru1.ing of the &ita te Supreme Court
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holding Special Improvement District No. 42l not to have been lega~ly constituted.
The unanimous opinion of the Court had in essence held tha t the (.;i ty had erred in
the formation of the distriot and in tne method ot assessment adopted. FOJ.iowing
a discussion of aepects of tne si tua tion tna t now exist, the Commission was in-
formed tha t further study of proceedure now required would be given by both the
I Ci ty Attorney and The \11 ty Manager.
Fire Department Personnel
The vi ty Manager informed the Commission he had received a letter from Lt.
Charles E. Masten announcing his resignation as Lieutenant of the Fire Department
of Bozeman, Montana, to accept a poaltlon as Fire Chief in Sausalito, California,
effective February 16, 1965. The City Manager informed the Commission that Mr.
Masten's resignation had been accepted with regret and toot he was extending to
Mr. Masten an expression of apprecia t10n for his au tstan:ilng services wi th 'the
Fire Department of the City of Bozeman and tmt 'the City'S best wishes would go
wi th him. The vommission was also inf'orm9d that the City Manager had approved
Fire Chief Huber's oonfirmation of the appointment of Kenneth Simpson as Lieut-
enant of the It'ire Department, effective February 1, 1965, ani of the appo::ntment
of Gary Younker as fireman, effeotive February 1, 1965. In concurrenoe wi tn the
City Manager's action, it was moved by Commissioner Langohr, seconded by Comm-
issioner Sedivy, that the Manager be instructed to appropriately advise Lt.
Charles E. Masten of the Commissions appreciation of his services and the motion
I was carried by the following Aye and No vote: Voting Aye, Mayor Morrow, Commissioner
Sedi vy and Commi s si oner Langohr; voting No, none.
Reports
The following reports were presented as fOllOWS:
Disposal Plant Opera tor Flouridation
Librarian Police Chief
POlice Judge Fire Chief
We. ter COi Ie c tor
The City Manager oommen~ed on the reports and recommended their approval.
It was moved by Commiss10ner Sedivy, se conded by Connnis sioner Langohr, that tne
reports be approved and ordered filed and the motion was carried by the following
Aye and No vote: Voting Aye, Mayor Morrow, Commissioner Sedivy and Cammissloner
Langohri voting No, none.
Claims for January
The fOllowing Nos. 384 to 615 inc., were presented on the fOlJ.owing funds:
~ Amount Fund Amount
-
Gen era 1 $21,451.09 Band $ 17.80
I Street 7,539.70 Garbage 5,183.73
Water 8,882.86 Parking Meter 1,895.35
S.D.S. 3, 621.93 Police Reserve 528.80
Libary 1,998.02 G.O.Bonds, 148.66
Planning Boa rd 40.00 Fire Re~ief 11,660.48
Park 4,251.51 S.I.D. 7,226.32
Ceme te.ry 1,655.83 S.I.D. Revolving 11,235.52
Total $87,337.60
The City Manager stated he had audited the Claims and found them to be true
and lawful claims again s t tne Ci ty 0 f BozeMln and recommended thtl t tre Y be approved
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and the Direotor of Finance directed to is sue warrants in payment. After
examination of the Claims in detail and oheoking against the claim register, it
was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that all
olaims be approved as presen tad and tne motion was carried by the fo~lowing Aye
and No vote: Voting Aye, Mayor Morrow, Commissioner Sedivy and Commissioner I
Langohr; voting No, none.
Ad j ournmen t
There being no further business to come before the (,iommiesion at this time,
it was moved by Commissioner Sedivy, seconded by Commissioner LangohI', thB. t the
meeting adjourn. The motion was carr1ed by the following Aye and No vote:
Voting Aye, Mayor Morrow, Commissioner Sedivy and Commissioner Langohr; voting
No, none.
ATTEST
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