HomeMy WebLinkAbout1965-04-21
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Bozeman, Montana
April 21, 1965
The Commission of the City of Boz eman me t in regular session in the Commission
Room, City Hall Building, Wednesday, 21 April 1965, gt 1:00 o'clock p.m. Presen t
were Mayor Morrow, Commissioner Sedivy, Commissioner Langohr, City Manager Cutting,
I Ass't City Manager Fryslie, City Attorney Berg and the Clerk.
Commissioner Langohr opened the meeting with a prayer and the following proceedings
were had:
Minutes cr the last regular session held 14 April 1965, 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 t he following Aye and No vote: those
voting Aye being Mayor Morrow, Commissioner Sedivy and Commissioner Langohr; those
voti.ng No, none.
Bids for S.I.D., No's. 441, 442, 443, 445, 447, 448, 451 - Pavement & Drainage
This was the time and place set for receiving bids for cons tructicm of street
pavement and drainage improvements to be constructed in Special Improvement District
No's. 441, 442, 443, 445, 447, 448 and 451. Affida vi t of publ ica tion of "Notice to
Bidders" was presented. Five sealed bids on this project were on file, an d i t wa s
moved by Commissioner Sedivy, seconded by Commissioner Langohr, too t the bids be
opened and the motion was carried by the following Aye and No vote: those voting Aye
Morrow
being Mayor?," Commissioner Sedivy and Commissioner Iangohr; those voting No, none.
I The following bids were then opened and read:
Name of Bidder Amount of Base Bid all
districts, including indirect
cos ts
Kll!lly Construction Co., - But te, Montana $266,555.38
Long Construction Co., - Billings, Montana 249,339.30
Ruffier Construction Co., - Billings, Man tana 262,356.50
Schultz & Lindsay Canst. Co., - Billings, Montana 215,257.47
R. J. Studer & Sons - Billings, Montana 239,336.55
The bids were then referred to the City Engineer and the engineers representing
consultant Harold Hoskins and Associates to check the bids in detail, prepare final
tabulations and recommend the lowest and best bid for the construction of the impro vemen t s
for the districts.
Bids for S.l.D. No's. 444, 446, 449, 450, and 455 - Storm Dra~nage, Water Mains & Sanitary
Sewers
This was the time and place wet for receiving bids for construction of the
Sewer s Line s, storm drainage improvements and water improvements in Special Improvement
District No's. 444, 446, 449, 450 and 455. Affidavit of publication of "Notice to Bidders II
I was presented. Six sealed bids on this project were on file and it was moved by
Commission Sedivy, that the bids be opened and the motion was carried by the following
Aye and No vote: those voting Aye being Mayor Morrow, Commissioner Sedivy and Cow~issioner
!B.ngohr ; those voting No, none.
The following Bids were then opened and read:
144
Name of Bidder Amount of Base Bid all
districts, including indirect
costs
-".
Cop Construction Co., - Billings, Mont an a .115,264.30
Fagens tram Co., - Great Falls, Montana 120,934.94
Grizzley Construction, Co., - Billings, Montana 130,645.40
R. J. Studer & Sons - Billings, Montana 112,421.70
Frank J. Trunk & Son - Bozeman, Montana 113,362.93 I
Utility Builders - Billings, Mont ana 112,947.61
The bids were then referred to the City Engineer and engineers representing
consul tant Harold Hoskins and Associa tes to check the bids in detail, prepare a
final tabula tion and recommend t he lowest and best bid for the construction of the
improvements.
Wayne Edsall - Beaver Pcmd - Building protection on West Main
Mr..Wayne A. Edsall one of the owners of the sponing goods store known as the
Beaver Pond at 1700 West Main Street, appeared before the City Commission to inquire
about zoning and fire code control of the area immediately west of that address since
thia area does not have such controls established at this time to prevent construction
detrimental to the area. Mr. Edsall was informed that an ordinance is being drafted
to provide zoning for his area and tha t in the mean time the 01 ty in tends to control
the area by restricting building permi ts and applica tion of oth9r applicable ordinances.
Request for utility connection: Eldridge - 1114 West Babcock (Cont'd.)
MR. & Mrs. M. L. Eldridge of 1114 West Babcock again appeared before the City I
Commissione in regard to a request for ci ty water and sewer connections for a mobile
home court at that address. The City Manager again recommended the request be
denied as the area in ouestiDn, included in tile zoning study now under way by the
City-County Planning Board in preparation for the up-dating of the present'zoning
code, is indicated "An and "B" residential zones where mobile home sites are not
allowed. Also considered was a petition of protest signed by forty seven persons
living in that area. Mr. & Mrs. Eldridge were informed that since the~r property
is outside the City limits, the City has no jurisdiction over their proposed project
other than utility connections. In concurrence with the recommendations of the
City M~anager, it was moved by Commissioner Sedivy, seconded by Commissioner Langohr,
that the request be denied and t he motion was carried by the following Aye and No
vote: those voting Aye being Mayor Morrow, Commissioner Sedivy and Commissioner Langohr,
those voting No, none.
Rempvinp; trees on North Seventh - State Hlp.:hway Department
Mr. George A. Barrett of the Montana State Highway Department appeared before
the Commission to report that he has had several inquires as to the disposal of street I
trees on North Seventh Avenue that must be removed to accommodate the proposed re-
construction project. He informed the City Commission that if the City so desires
he would request authority from the Montana State Highway Department to give the City
Commission the authority to dispose of the trees. He also stated there would be a
limited time 1n which to dispose of them.
The City Commission and the City Manager thanked Mr. Barrett for his kind offer
and assured him the City would welcome an opportunity to salvage all of the trees possible.
"1.45
New Police Court Bond Schedule
A new police Court Bond Schedule as prepared by the Police Judge, to make pro-
vision for the collection of penalties for the driver training program established
by the recent Montana Legislature was presented. In discus sing the schedule, the
Cbief of Holice, the City Attorney and the City Manager informed the Commission that
I the new schedule was basically the same as the previous sohedule except for excessive
speed violations and some other minor variations and no objection was offered. In
concurrence with the recommendation of the City Manager, it was moved by Commissioner
Sedivy, seconded by Commissioner Langohr, that the New Police Court Bond Schedule be
approved as presented, effective as of April 15, 1965, and the motion was carried
by the following Aye and No vote: those voting Aye baing Mayor Morrow, Commissioner
Sedi vy and Commissioner Langohr; those vo tlng No, none.
Alley Use A,Q'reement: Oscar Dean - North Rouse, Blk 119 N.P. Addition
At a previous meeting of the Commission the request of Oscar Dean of 620 North
Rouse Avenue for vaca ting the alley in block 119 of the Northern Pacific Addi tlon was
declined, but a permit to encroach upon and use the alley adjacent to the Dean property
by proper agreement was approved. The City Attorney as instructed had prepared such
a "use" permi t agreement which was presented after execu tion by Mr. Dean. The 01 ty
Manager recommended the agreement b~ approved, and 1 t was moved by Commissioner Langohr,
seconded by Commissioner Sedivy, that the "use" Agreement be entered in to by the Ci ty
and that the Mayor and the Clerk of the Commission be authorized and directed to sign
I for the City and the motion was carried by the following Aye and No vote: those voting
Aye being Mayor Morrow, Commissioner Sedivy and Commissioner Langohr; those voting No, none.
Right of Way Easement for Sewer Installation - Kenneth Simpson property S.T.D. No. 444
An agreement to provide a Right of Way easement for the storm sewer installa tion
in Special Improvement District No. 444 across the property owned by Mr. & Mrs. Kenneth
Simpson within the Homesite Subdivision 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 easement agreement be entered into by the
City, and that the Mayor and the Clerk of the Commission be authorized and directed
to Sign for the City. The motion was carried by the following Aye and No vote: those
voting Aye being Mayor Morrow, Commissioner Sedivy and Commissioner Langohr; those
voting No, none.
Right of Way Easement for sewer installation - ADA - S.I.D. No. 449 - East Garfield
An agreement to provide a Right-oFWay easement from the A.D.A. Corporation for
the storm sewer installation in Special Improvement District No. 449 on East Garfield
Street, South Bozeman Avenue, East Cleveland Street and South Rouse Avenue was presented.
I the City Manager recommended that the City enter into the agreement, and it was moved
by Commissioner Langohr, seconded by Commissioner Sedivy, tha t the easement agreement
be entered into by the City, and that the Mayor and Clerk of the Commission be author-
ized and directed to sign for the C 1 t y. The motion was carried by the following Aye
and No vote: those voting Aye being Mayor Morrow. Commissioner Sedivy and Commissioner
Langohr; those voting No, none.
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Authorit! to attend Montana Attorney General Conference: 29-30 April
It was reported that a Montana Attorney General's Conference is scheduled to be
held in Helena, 29 - 30 April, and in concurrence with the recommendation of the
City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner ~ngohr,
that Chief of Police, Vernon J. Saunder's attendance at the meeting be authorized
and, it being in the public interes t, his expenses be pa id from the General fund. I
The motion was carried by the following Aye and No vote: thos e vo ting Aye being
Ma yor Morr ow , Commlssioner Sedivy and Commissioner Langohr; those voting No, none.
Appoint of Ass't City Attorney for Federal Court Case - Butte - 3 May: Michael J.
O'Connell
It was reported tha t the Federal Court condamna tion case regard:ing the federal
building site where city parking lots were among those condemned by the government
is now scheduled to be heard in Butte on 3 May 1965. The City Attorney requested
the assistance of Michael J. O'Connell in handling this case since Mr. Of Connell
has had experience in the Federal Court as a former Assistant District Attorney and
is considered unusually well qualified to assist the City Attorney in representing
the C1 ty. He also stated Mr. 0' Connell had agreed to render this assistance for a
fee, considered customary for such a case of $500.00 if settled ou t of court or
$1,000.00 if the case is tr i e d in cou r t . The Ci ty Manager in concurrence with the
City Attorney recommended that Michael J. O'Connell be appointed as Assistant City
Attorney to assist City Attorney Berg in this case on the stipulated basis indicated.
It was moved by Commissioner Langohr, seconded by Commissioner Sedivy, tha t t he I
appointment of Michael J. O'Connell be approved as recommended and the motion was
carried by the following Aye and No vote: those voting Aye being Mayor Morrow,
Commissioner Sedivy and Commissioner Langohr; those vo ting No, none.
Reports for March
Cemetery
Birector of Public Service
irector of Finance
The Ci ty 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 order filed and the motion was carried by the following Aye and No
vote: those voting Aye being Mayor Morrow, Commissioner Sedivy and Commissioner
Langohr ; those voting No, none.
Adjournman t
There being no further business to come before the Commission, it was moved by
Commissioner Langohr, seconded by Commissioner Sedivy, that the meeting adjourn and
the motion was carried by the following Aye and No vote: those voting Aye being
Me. yor Morrow, Commissioner Sedivy ~nd Commissioner Langolj; those voting No, none. I.
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