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HomeMy WebLinkAbout1966-05-04 346 Bozeman, Montana 4 Hay 1966 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, 4 May 1966, at 1:00 o'clock p.m. Present were Mayor Sedivy, Commissioner Morrow, Commissioner Langohr, City Manager Cutting, City Attorney Berg and the Acting Clerk. Commissioner Morrow opened the meeting with a prayer and the following proceedings were had: Absence of Clerk of the City C;Ol1lI1ll.,;sion and Acti.ng Clerk: The absence of Erna V. Harding, Clerk of the City Commission being noted and upon recommendation of the City Manager, it was moved by Commissioner Langohr, seconded by Comnlissioner Morrow, that the absence of the Clerk of the City Commission be authorized and that Assistant City Manager Harold A. Fryslie be appointed Acting Clerk of the City Commission for this meeting and through 8 May 1966, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr and Commissioner Morrow and Mayor Sedivy; those voting No, None. Minutes of Meeting held Wednesday, 27 April 1966: Minutes of the last regular session held Wednesday, 27 April 1966, were read and it was moved by Commissioner Morrow, 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 Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Public Hearing Resolution No. 1261 - Intention to Create SID No. 467, Paving Villard Street: This was the time and place set in Commission Resolution No. 1261 to hear protests to the creation of Special Improvement District No. 467, affidavit of publication of Notice and the Clerks Mailing Certificate stating that all property owners had been notified as required by law were pre. sent~d. The City Manager presented a written protest filed with the Clerk of the Commission, 2 May 1966, and signed by Ruth G. Brady and Violett Virginia Michel owners of property representing 49,873% of the proposed district as determined by the City Engineer. Attorney Robert Holter, together with Mr. Bud Brady and Violett Michel were present to affirm the written protest to the creation of Special Improvement District No. 467, and the City Commission having determined the protests to be sufficient, declared and directed that under the provisions of Section 11-2205 R.C.M. no further proceedings shall be had under Commission Resolution No. 1261. Eldridge Trader Court between South 15th Ave., and 19th Ave., on Babcock Street: Mrs C. A. Dogterom, Mrs. O. O. Thomas and Mrs. J. C. Fitch appeared before the City Commission to further discuss the proposed installation of a Trailer Court on the Eldridge property at 1114 West Babcock Street. In accordance with Commission instructions issued 27 April 1966, the City Attorney rendered his opinion relative to the legal position of the City of Bozeman in this matter. Essentially, the City Attorney stated that in his opinion the City of Bozeman has no legal basis for enjoining Mr. Eldridge in this matter to preclude the installation and operation of a Trailer Court on the Eldridge property at this time, since the property is outside the jurisdiction of the City and, based upon facts now available, it appears Mr. Eldridge will be embarking upon a legitimately constituted business venture. Sidewall,s - South Willson Avenue, Grant Street to Mason Street: Dr. M. G. Burlingame, 1419 South Willson Avenue, appeared before the City Commission to seek a determination on the sidewalk location on his property and in the immediate area. This matter having been considered by the City Commission at its meeting 6 October 1965 and placed under the study at 1 I 1 1 I 1 :J47 that time, the City Manager, with City Engineer Fargo presented drawings and data supporting the City Manager's recommendation that the request to locate sidewalks adjacent to the curb in this area be denied, and the sidewalks be placed in the normal location, at grades to be established by the City Engineer. Following discussion it was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the sidewalks on South Willson Avenue, between Mason Street and Grant Street, on both sides of Willson Avenue be placed in the normal location and at grades to be established by the City Engineer and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Occupation of a I'labile Home as Residence - South Third Avenue - Donald Boatwright: Mr. Donald Boatwright appeared before the Commission to appeal the denial by City Staff personnel of his request to place a Mobile Home on what Mr. Boatwright described as a 25 foot by 140 foot lot on South Third Avenue in Class "A" Residence Zone, for use as his residence. Upon Request. the City Attorney advised the Commission that Mr. Boatwright's proposal is in violation of at least two sec- tions of the Zoning Code, and appeals for exceptions to the Zoning Code must be heard by the Board of Adjustment. Following Discussion, Mr. Boatwright was provided with copies of the Zoning Code and offered the further assistance of the City Building Inspector in preparing an appeal to the Board of Adjustments, if so desired. Hountain States Telephone & Telegraph Company - Cable conduit project - SOllth 4th Ave. College St. Garfield St. H. H. Fullerton, Exchange Manager. Thomas J. Gerleman, and L. W. Deskin Construction Superintendent, representing the Mountain States Telephone and Telegraph Company appeared before the Commission to request authorization for that Company to proceed with its own forces to construct the telephone cable underground conduit project in portions of South fourth Avenue, College Street and Garfield Street according to the plans and specifications previously approved by the Commission. Following review of plans for the project and indication by Mr. Deskin, that the project will require approximately 60 days to complete, it was moved by Commissioner Morrow, seconded by Commissioner Langohr, that in concurrence with the recommendation of the City Manager, the Telephone Company's request be granted contingent upon the Company furnishing the City with a letter reflecting the following verbally agreed upon stipulations: 1) The Telephone Co. attests that it has adequate liability protection and assumes full responsibility for the project saving the City of Bozeman free and harmless from any damage claims which may arise as a result of this construction; 2) all pavement cuts made by the Telephone Company during the course of construction will be satisfactorily and espeditiously restored without expense to the City; and 3) The Telephone Company will keep the City Police and Fire Departments continually informed of the status and progress of construction as it may affect traffic flow over streets;. and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting No. none. Authority to Purchase 32 - 2It," Water Meters - Approximate cost $960.0~: The City Manager stated that the Water Department has need for add i tional 3/4" Water Meters and requested authority to place an order for 32 such meters at an approximate cost of $960.00. It was m moved by Commissioner Morrow, seconded by Commissioner Langohr, that the authority be granted as re- quested and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow. Commissioner Langohr and Mayor Sedivy; those voting No. none. Armed Forces Day Parade - 1: 30 P.M.. 19 Hay 1966: Lt. Col. Frank S. Wolcott, on behalf of the Chamber of Commerce Armed Forces Committee. has re- 34S quested authority to conduct an Armed Forces Day Parade at 1:30 p.m. 19th May 1966, and in concurrence with the recommendation of the City Manager it was moved by Commissioner Langohr, seconded by Commiss- ioner Morrow, that in recognition and support of Armed Forces Day, authority to hold the parade be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Commiss- ioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Hearing - Annexat~on of Strozzi's Subdivision: During the regular session of the City Commission held on 6 April 1966, the Commission regul- arly passed and adopted Commission Resolution No. 1259, declaring its intention to extend the boundaries of the City of Bozeman so as to include a contiguous tract of land known as Strozzi's Subdivision. This being the date for public hearing as set forth in said Commission Resolution No. 1259, the affidavit of publication of Notice was presented. No one appeared to protest the action and the Commission was informed that no written protests were on file in opposition to the proceedings Commission Resolution No. 1265, to accomplish the extension of the City Limits and complete the action was presented, entitled Conunission Resolution No. 1265: COHl1ISSION RESOLUTION NO. 112.2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE BcrUNDAlt1ES 'OF TIIE'SAID CI.TY OFBOZm;WrSo AS TO EMBRACE AND INCLUDE A CERTAIN TRACT OF LAND CONTIGUOUS. TO THE SAID CITY OF BOZEMAN AND HEREI~ MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. It was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the Resolution be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Hearing Resolution No. 1260 - Intention to Create SID No. 466, Paving Beall St. Tracy Ave. to Grand Ave. This was the time and place set in Commission Resolution No. 1260 to hear protests to the creation of Special Improvement District No. 466, affidavit of publication of Notice and the Clerks Mailing Certificate stating that all property owners had been notified as required by law were presented. The City Manager informed the Commission that as of 5:00 o'clock p.m., 2 May 1966, there were no protests on file and no one appeared to verbally protest the creation of extent of the district. The City Manager recommended that the City Attorney be instructed to prepare a resolution creating the district: Commission Resolution No. 1264: CONHISSION RESOLUTION NO. 126Z:: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 466 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRU- CTING AND INSTALLING A PIVEMENT PROJECT, INCLUDING INTREGAL CURBS AND GUTTERS AND STORM DRAINAGE PIPE ON WEST BEALL STREET BETWEEN NORTH TRACY AND NORTH GRAND AVENUE. prepared by the City Attorney was presented. In concurrence with the reconmendation of the City Manager, it was moved by Commissioner Langohr, Seconded by Commissioner Morrow, that the resolution be passed and adopted to create Special Improvement District No. 466, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Authority to purchase, three - 5" Fi:"f) Hydrants - Approximately $550.00 cost: The City Manager stated the Water Department has need for three, 5" Fire Hydrants and requested authority to place an order for three hydrants at an approximate cost of $550.00. It was moved by 1 .1 1 1 I. 1 Commissioner MOrrow, seconded by Commissioner Langohr, that the authority be granted as requested and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Authority to Purchase: 4" and 6" Cast Iron Pipe Fittings, Approximate Cost $650.00: The City Manager stated the Water Department has need for miscellaneous Cast Iron Pipe Fittings and requested authority to place the order for these items at an approximate cost of $650.00. It was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the authority be granted to purchase the pipe fittings as requested, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Authority to purchase: 4" and 6" Cast Iron Pipe ~ Approximate Cost $925.00: The City Manager stated the Water Department has need for a supply of 411 and 6" Cast Iron Pipe to replenish department stores and requested authority to place an order for these items in the approximate amount of $925.00. It was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the authority be granted as requested, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting, No, none. Commissioner R. Harry Morrow - Elected District Commander - American Legion: It was moved by Commissioner Langohr, seconded by Mayor Sedivy, that Commissioner R. Harry Morrow be commended upon his election as District Commander of the American Legion during its meet at West Yellowstone, Montana, 30 April 1966 and for the distinction his election bas brought to this community, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr and Mayor Sedivy; those voting No, none. Commissioner Morrow abstained. n.p.a.E. 463 - Flag Day 14 June 1966 - Offer to furnish holiday Flagto City: The City Manager informed the Commission that Timothy Fitzgerald, Chairman of the Local Elk's Lodge Flag Day Program, had made an offer on behalf of the lodge to provide a holiday flag for use by the City of Bozeman on holidays and Sundays. It was moved by Commissioner Morrow, seconded by Commissioner Langohr, that this generous offer be acceped and an expression of appreciation be con- veyed to B.p.a.E. Elks Lodge No. 463, at the appropriate time and the motion was carried by the following Aye and No vote: thos voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Reports: The following reports were presented: Building Inspector Librarian Fire Chief Police Chief Fluoridation Water Collector Disposal Plant Operator Po lice Judge The City Manager commented on the reports and recommended their approval. It was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the reports be approved and ordered I filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Claims for April: Claim No's 4749 thru 5043 inclusive were presented on the various funds as follows: General $26,872.94 Garbage $ 5,358.19 Street 7,734.65 Parking Meter 12,993.64 Water 13,376.17 Police Reserve 774.55 SDS 5,345.36 Cemetery Suspense 540.00 Library 2,833.84 P.E.ILS. 973.98 Planning Board 54.00 SID's 7,149.64 :149 350 Park Cemetery Band 3,452.74 1,970.59 25.60 506.00 13,923.24 Driver Education Munc. Bldg. Const. TOTAL $103,895.13 The City Manager commented on the claims and found them to be true and lawful claims against the City of Bozeman and recommended that they be approved and the Director of Finance be directed to issue warrants in payment. After examination of the claims in detail and checking against the Claim Register, it was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the claims be approved, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Author! t:'f to Advertise for Removal of Buildings ~ "Jones Property" - \.Jillson Ave. & Mendenhall St: The City Commission was informed that the tenants of the two City owned buildings located on the former "Jones Property" at the corner of Willson Avenue and Mendenhall Street, will be. relocated within a very few days and requested authority to advertise for proposals to remove the two buildings from the site to permit progress toward establish~ent of off-street parking facilities on the prop- erty which the City purchased for that purpose. It was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the buildings having at no time been in public use, authority to dispose of the buildings be granted as requested, and that the Clerk of the Commission be directed to advertise for proposals to remove the two buildings, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Adjournmen t: There being no further business to come before the commission at this time, it was moved by Commissioner Morrow, 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 Morrow, Comm- ATTEST: issioner Langohr and Mayor Sedivy; those voting No, none. ~".. 1 I 1