HomeMy WebLinkAbout1966-05-25
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Bozcpan, Hon Ullln
25 l~lD.y l%C,
The Commission of the City of Bozeman met in rer,ular session in the Commission Room, City Hall
Building, Wednesday, 25 May 1966, at 1:00 o'clock p.m. Present were Mayor Sedivy, Commissioner Morrow,
COlrumissioner Langohr, City Manager Cutting, Asslt City Manager Fryslie, Acting City Attorney O'Connell
and the Clerk.
CorrU:l1issioner Horro'" opened the meeting with a prayer and the following proceedings were had:
Hinutes of the last regular session held Wednesday, 18 May 1966, were read and it ,vas moved by
Commissioner Morrow, seconded by Commissioner Langohr, that the minutes be approved as read, and the
motion Has carried by the follmving Aye and No vote: those votinz Aye being Commiss ioner Horrmv, ConU'I1--
issioner Langohr and Mayor Sedivy; those voting No, none
Hear.rllg on ilesoluU.on Nd. 12Cd proposed 2I.nnexation of "Islanu" - 11th -VJlh Ave: U,l1.l1 ~a.;:Zcsolut'i()r, No. I
No. 12Cl!:
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During the regular session of the City Commission held on 27 April 1966, the Con-nnission regular-
passed and adopted Commission Resolution No. 1263 declaring its intention to extend the boundaries
of the City of Bozeman so as to include a certain tract of land contiguous to the said City of
Bozeman knoHn as the areas between 15th Avenue and 19th Avenue and from Koch Street to Babcock Street.
This being the date for public hearing as set forth in said Commission Resohltion No. 1263, the
affidavit of publication of Notice was presented. The City Manager present0d written protests
filed with the Clerk of the Commission as follows: James F..and Josephine Placek, Maurice and
Clara Eldridge, H. E. Miller, Richard O. and Margaret Dean, Sara P. Richards and William Leslie
Walters which represents six registered freeholders out of a total number of seventeen registered
freeholders or a total protest of 35% registered freeholders. On this basis the above protests did
not exceed the required 5070 of the rer;is tered freeholders and the City Hanager concurred with the
recommendation of the Acting City Attorney that the extension of the City Limits be completed.
Commission Resolution No. 1267 to accomplistt the extension of the City Limits and complete the action
was presented entitled:
Commission Resolution No. 1267
COMMISSION RESOLUTION NO. 1.267
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZ~~ EXTENDING THE
BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE
A CERTAIN TRACT OF LAND CONTIGUOUS TO TIlE SAID CITY OF BOZEMAN AND
HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
It ,,,as moved by COlrumissioner Morrow, seconded by Commissioner Langohr, that the resolution be
adopted and passed ,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.
Gallatin Airport Board: Gallatin Field:
Mr. Pete Waite of the Gallatin Airport Board and Mr. Edwin Iverson, Manager of the Gallatin
Fie leI, representing the Airport Board, appeared before the Commiss ion to discuss the rebuilding of
Taxi Strip C. Mr. Waite explained that this work would be included as a change-order to the original
contract which was in the amount of $29,940.00 funding which was approved by the City Commission at
its meeting 23 February 1966. Mr. Waite presented an un-numbered resolution to the City Commission
authorizing the Hayor and the Clerk of the Commission to execute, on behalf of the City, an appli-
cation for a non-interest bearing loan from the Montana Aenonautics Commission to apply as a portion
of the additional cost. It ,vas moved by Commissioner Langohr, seconded by Commissioner Morrow,
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that the above authorization as requested be granted, and the motion ,.,as carried by the following
Aye and No vote: those voting Aye being Connnissioner Langohr, Commissioner Morrow, and Mayor Sedivy;
those voting No, nonc.
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Yc'C!::liminary jIedX'ing: Humble Oi..J Company - North 'xLh Avem~~ Oak S ~ (No,::tl1.....:2.1- ii.ambler Motel)
A letter from the Ci ty-County Planning Board was read to the Connnission as follows:
"Your Company's certificate of survey of property located adjacent to U.S. Highway HIO North,
Bozeman, Montana, and the accompanying correspondence was presented to the Bozeman City-
County Planning Board at its regular meeting 17 May 1966 with the following recommendations
being included in Board action.
1) That your property dedicate, as a portion of Oak Street, a forty-foot right-of-way
for street purposes on the south edge of your property, thus providing the City of
Bozeman with the normal collector street right-of-way.
2) That your request for annexation of the subject property be construed to include
the entire tract of 2.24 gross acres.
3) Contingent on the above recormnendation heing met, this Board favorably reconnnend
the proposed platting and annexation of the subject Humble Oil and Refining Co.,
property to the City Connnission of the City of Bozeman.
Mr. J. A. Popovich, Billings, Hootana, and Hr. Richard A. Jones, Billings, Montana, representing
the Humble Oil Company appean>d before the Commission to explain that the Humble Oil Company building
now under construction would be within approximately 5 feet of the property line if a forty-foot
street ri[';ht-of-vJay ~verc dedicated LJr Oak Street off of the south edge 0 their property amI requested
the Commit-;nions fcJvorahle consideration of the company's offer to dedicate a tVlenty-foot strip as
right-oE-Hay for Oak Stree t. Following a discuss ion ancI in concurrence with the recommendation of
the City Nanager, it "ras moved by Commissioner Morrou, seconded by Commissioner Langohr, that the
City Hannger he authorized and directed to submit to the Humble Oil Company a counter proposal in
assence requesting the full forty-foot street right of Hay dedication as a portion of Oak Street
and offering an encroachment permit to be granted by the City to Humble Oil Company for the use of
this street right-of-way until such time as needed for street purposes, and the motion was carried
by the following Aye and No vote; those voting No, none.
.::~m:~E.in[:::; on r\Lcyclc's !HI Hain Sireet:
Mr. Jack Loveland and Mr. Lyman H. Bennett appeared before the Commission to inquire as to ,,,hat
could be done to amend the Bicycle Ordinance No. 768, Section 11.01+.050 and 11.05.555 to prohibit
the use of Bic:cles on sidewalks and of parking the same upon sidewalks. Mayor Sedivy thanked J't1r.
Lovelace and Hr. Bennett for appearing before the Connnission in this regard and informed them that
the City ,"ould fully investigate their request and vJQuld then bring it before the Commission for
further consideration and continue to provide such enforcement as possible in the meantime.
Ol:cl i1]'::~..:::.s:.. I;:). Cl'; 7 i\rlC'(;i~ An in:~.On101Drl'.s~Jlo ....:....122 in -.::'e:; [Jet' t to Cln ilnCl Is ,} t lOTgc cl1]~j?2.~:1..nc1__~~.~es .__
As instructed, the City Attorney prepared Ordinance No. 857 amending Animal Ordinance No. 822,
Section 5.16.010 and Section 5.16.050 of the Bozeman Municipal Code; defining the te rm "At Large"
and requiring the owner or keeper of any animal within ,the City limits of Bozeman, Montana, to at
all timesprohi.bit and prevent said animal from being at large. The Ordinance Has alsO amended
raising the impounding fee from $2.00 to $10.00 and the keeping fee from $1.00 to $2.00 for each
twenty-four hour period an animal is impounded. Ordinance No. 857 repeals all ordinances and parts
of ord inances in confI ic t herewi th.
After discussing the amending of the Animal Ordinance No. 822, it was moved by Commissioner
Langohr, seconded by CommissQoner Morrow, that the amended ordinance be passed and adopted to become
effective 2/" June 196(i, and the motion vJaS carried hy the following Aye and No vote: those voting
Aye being C0l1D11issioner Langohr, Commissioner MorrO'., and Mayor Sedivy; those voting No, none.
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Return of contribution for City Flag - Mr. & Mrs. Bert Griffin:
By prior arrangments the contribution from the Veterans of World War 1 or its Auxiliary were #
accepted for the purpose of purchasing the new City Flag to be flown on the third mast in front of
also
Bozeman's new Municipal Building and Mr. & Mrs. Bert Griffin who had/contributed a check in the amount
their
of $50.00 for this purpose, requested that the check be returned to them to further/ consideration to help
the City in some other manner. In concurrence "lith the reconunendation of the City Manager, i.t was
moved by Commissioner Morrow, seconded by Commissioner Langohr, that return of the Griffin check in
the amount of $50.00 be approved and a letter thanking them for their generous offer be addressed to
them, 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.
Appo!;.ntment of Police Or[icer \Jithout pay for HSU:
A letter from Mr. R. J. Mullica, Chief Traffic and Security Department Officer of the Montana
State University requesting that Everett Edsall be appointed as a special policeman of the Bozeman
City Police force, without cost to the City, was presented. The appointment of Mr. Edsall in the
manner requested was recommended by the Chief of Police and the City Manager concurred in the recommend-
ation. It \vas moved by Corrnnissioner Langohr, seconded by Corrrrnissioner Morrmv, that in concurrence
with the recorrrrnendation of the Police Chief and the City Manager, the appointment as requested be
approved, and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner 1.angohr, Commissioner Morrow and Mayor Sedivy; those voting No, none.
lJti.lity AgrecIl1enl~ - State Highway. [Z, location of 4" water main on NorLh~~ouse for InteL~',tate:
A utility agreement No. I-l6~90-6 (1) 303 between the Montana Stnte Highway Department and the
City of Bozeman for relocation of a 4" water 1I.ain on NOrth Rouse irrrrnediately south of the Northern
Pacific tracts to clear s.tructure footings on the proposed Interstate Highway in the estimated amount
of $2,889.36 Has presented to the City for approval. The City Hater Department 'vould make the relocation
and submit the actual cost of the relocation to the Montana State Highway department for reimbursement.
The agreement was approved as to form by the Ci.ty Attorney. It was moved by Commissioner Harrow,
seconded by Commissioner 1.angohr, that the above agreement be approved, and that the Mayor and the
Clerk of the Comnlission be authorized to sign the agreement for the city of Bozeman, and the notion
was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner
Langohr and Mayor Sedivy; those voting No, none.
House novers Bond: Fo'-rest L. Zion, Great Falls, Hontana:
In accordance with the provisions of Ordinance No. 785, the Building Movers Bond issued by the
United States Fidelity and Guarantee Insurance Company as surety for a moving permit on Forrest L. Zion
of Great Falls, Montana to the City of Bozeman in the amount of $2,000.00 was presented. It was
reported the Building Inspec tor had recommended that the bond be approved and it having been approved
as to form by the Acting City Attorney, it was moved by Commissioner Langohr, seconded by Commissioner
Morrow, that the bond be approved and the motion was carried by the follmving Aye and Not vote:
those voting Aye being Commissioner 1.angohr, Conunissioner Morro\\T and Mayr Sedivy; those voting No, none.
Lc.::Jve....:~or~L.!~7 Hanager - Oscar E. Cll tin?; 28 Hay to 5 June 19()6:
The City Manager requested that he be granted vacation leave of absence from 28 May to 5 June
inclusive, and that Harold A. Fryslie, Ass't City Manager, be designated to perform the duties of the
City Manager during that period. It was moved by Commissioner Morrow, seconded by Commissioner Lnngohr,
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the fo llmving
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that the request for vacation he granted, and Mr. Frysli.e designated as Acting City Manager during
the period stated, and the motion was carried by the follm"ing Aye and No vote: those voting Aye
being Commissioner Morrow, Conmlissi oner Langohr and Mayor Sedivy; those voting No, none.
"~~hange":5'r~!('r}!-'::': Ventilation [o.!_1~:3rking meter room $l?~tLO(L:..__
The Architects, as instructed, prepared a change-order to incorporate an addition to become
a part of the contract for the Mtmicipal Building Facility.
Change-order No. M-3: To install exhaust fan, s,,,itch and duct work
over meter machine in Room B-6 Janitor and
connect existing duct work as direced. All
work in a workmanship like manner.
Amount
- - - - - - - - - - - - -$120.00
The Ci ty Banager reported he had examined the change-order and found it to conform to the
item anel cost discussed and recommended that it he approved as prepared. It was moved by Connnissioner
Langohr, seconded by Comrnissionex Morrow, that Change-order No. M-3 in the amount of $120.00 be approved
as prepared, and that the Mayor he authori~ed and directed to sign for the City, and the motion was
carried by the follmJing Aye end No vote: those voting Aye being Commissioner Langohr, FIommissioner
MorroH and Hayor Sedivy; thof;e voti.ng No) none.
2L:m~~?, ~; pc ,:i. I i, cat .~.. UHf; . Fed (']" ;,~. L_.Q:!.!JJc1 in ~~ _J) l~ Lee L P,.'o j ec t :
1! ,vas reported that Thomns, Denn and Hoskins, as directed, had completed the plans and spec-
ifications of pavement widening arowld tho Federal Building at the approximate cost of $21,750.95
previouslyauthori::ccl to be pnid 0ut of pnrldng meter funds. The City Hannger recommended that these
plans and specifications i.nclude Hic1eni.ng of a portion of Sout!; Black. Avenue and the East side of
South Tracy Avenue from Babcock to Olive Streets, the north siele of Olive Street and the south
side of Bahcock Street be approved and that the Clerk of the Commission be authorized to call
for bids for the cons truction of these improvemen ts. The COImnission concurred in the Ci ty lIanager I s
recommendation and it was moved by Commissioner Morrow) seconded by Conmlissioner Langohr, that the
plans and specifications be approved and a "Call for Bids" authorized and the motion ",as carried by
the follOt.ling aye and no vat€': those voting Aye being Commissioner Morrow, Commissioner Langohr and
Mayor Sedivy; thOSE~ voting No, none.
VG:1...~~~ [)~~icai:;I)n~'; - ::31D I\To. (:(,3 - Paving and S iOJ:ll1 'Dr.<\.:_nagc - Thompson's Tl1tpJ ;,cl(l 1.',)111
Plans and specifications covering the proposed improvement in Special Improvement District
No. 1:63 prepared by Thomas Dean and Hoskins, Inc., supervising engineers, \-lere place(l before the
Connnission. In concurrence \"ith the City Engineer, the City Manager recommended that the plans anel
specifications, as presented be approved. It was moved by Commissioner Langohr, seconded by Commissioner
Morrow, that the plans and specifications be approved and the Clerk of the Commission be directed to
publish a "Call for Bids" for the construction of the improvements for the district with an opening
date of 22 June 1966, and to advertise for bids for the sale of the bonds of the district in the
approximate amount of $lO!+)OOO.OOto be received 29 June 1966, and the motion '''as carried by
Aye and No vote: those voting Aye being Commissioner Langohr, Couunissioner "Harrow and Mayor Sedivy;
those voting No, none
J:.......l;c1n::., and .-,,~'~'U:ic~s:.ons
SID No. M,S - l'avinf, Southerly p<?rt:i.?n of No'o,tll lBUt Avenue and Portion
Beall:
Plans and specifications covering the proposed improvement in Special Improvement District No.
1,63 prepared by Thomas, Dean and Hoskins, Inc., supervising engineers, were placed before the Conunission.
In concurrence ,.,jth the City Engineer, the City "Hanager reconnnended that the plans and specifications,
as presented be approved. It \"as moved by Connnissioner Horrow, seconded by Conunissioner Langohr, that
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the plans and specifications be approved and the Clerk of the Corrnnission hedirected to publish a
"Call for Bids" for the construction of the improvements for the district "lith an opening date of
22 June 1966, and to advertise for bids for the sale of the bonds of the clistrict in the approxi-
mate amount of $26,000.00 to be received 29 June 1966. The motion was carriQd by.the following
Aye and No vote: those voting Aye being Corrnnissioner Morrow, Comn1issioner Langohr and Mayor Sedivy;
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those voting No, none.
Plans and ;:);)('(' i[:"i.1Lions - SID No. f:.66 - Paving 1.les t Beall S tree' t ;)C ::.\-!ccn ik)rth Tracy t< North Grand
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Plans and specifications covering the proposed improvements in Special Improvement District
No. 1,66 prepared by Thomas, Dean and Hoskins, Inc., supervising engineers, 'v-ere placed before the
Con-unission. In concurrence with the City Engineer, the City Manazer recorrnnended that the plans
and specifications, as presented, be approved. It was moved by Commissioner Langohr, seconded by
Couuuissioner Morrm'1, that the plans and specifications be approved and the Clerk of the Conunission
be directed to publish a "Call for Bids" for the construction of the improvements for the district
''1i th an opening date of 22 June 1966, and to advertise for bids for the sale of the bond s of the
district in the approximate amount of $31,000.00 to be received 29 June 1966, and the motion was
carrien by the following Aye and No vote: those voting Aye being Commissiioner Langohr, Commissioner
HorrO>'l and Mayr Sedivy; those voting No, none.
f\.l~i O\~~nr!len t:.:
There being no further business to come before the Commission, it ''laS moved by Comnlissioner
Harrow, seconded by Commissioner Langohr, that the meeting be adjourned, and the motion ,,,as carried
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by the follm'1ing Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr,
and Mayor Sedivy; those voting No, none.
ATTEST:
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ayor
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