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HomeMy WebLinkAbout1966-12-14 1 1 1 Bozeman, Montana l4 December 1966 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, 14 December 1966, at l:OO o'clock p.m. Present were Mayor Sedivy, Commissioner Morrow, Commissioner Langohr, City Manager Cutting, Ass't City Manager Fryslie, Acting City Attorney O'Connell and the Clerk. Commissioner Langohr opened the meeting with a prayer and the following proceedings were had: Minutes of the regular session held Wednesday, 7 December 1966, were read and it was moved by Commissioner Morrow, 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 Morrow, Commissioner Langohr and Mayor Sedivy; those voting No, none. Authority to purchase 3/4- Copper Pipe: Approximately $990.00: It was reported that due to the continued national shortage of copper it would be desirable to add to the City's stock of copperp{pe and authority was requested to purchase 1500 feet of 3/4 inch copper pipe in tbe approximate amount of $990.00. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the purchase of the copper pipe be authorized and the motion ~as 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 attend the 8th Annual Short Course for Building Officials - ISU - Pocatello 6-l0 February 1967 - Building Inspector Barrick: A letter received from the Southern Idaho-Eastern Oregon Chapter of International Conference of Building Officials extending an invitationto Building Officials, Mayors, Commissioners or any other interested persons to attend the eighth annual short course for Building Officials, to be held at the Idaho State 'University in Pocatello, Idaho, 6-10 February 1967, was presented. In concurrence with the City Manager's approval, it was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the City Building Inspector and the City Commission be authorized to attend the conference and, that it being in the public interest the expenses incurred be paid out of the General fund 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. l3l5: Declaring unpaid balances SID No. 414 Assessments as Delinquent and Certifying same to County Treasurer: . t! A reso1ut~on was Ding passed as a result of proceedure initiated by Gallatin County to take tax deeds to certain properties in the City of Bozeman: COMMISSION RESOLUTION NO. l315, entitled: A RESOLUTION OF 11IE COMMISSION OF THE CITY OF BOZEMAN DECLARING CI:ERTAIN UNPAID BALANCES OF SPECIAL ASSESSMENTS UNPAID AND DELINQUENT AS OF THIS DATE, PROVIDED BY ORDINANCE NO. 594, ENTITLED: "AN ORDINANCE PROVIDING FOR THE COLLECTION OF TAXES xx xxx xx, AND THE COLLECTION OF ALL SPECIAL ASSESSMENTS, xx xxx" AND CERTIFYING nus AMOUNT TO THE COUNTY TREASURER AND THE CLERK. AND RECORDER OF GALLATIN COUNTY, MONTANA was presented. In concurrence with the recommendation of the City Manager, it was moved by Comm- issioner Langohr, seconded by Commissioner Morrow, that Resolution No. 1315 be passed and adopted 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. Agreement wI State Fish and Game Commission for Development of Kirk Park with Federal Grant: An Agreement to be entered into by and between the State Fish and Game Commission and the City 459 460 pf Bozeman for the purpose of constructing the following improvements in the City of Bozeman, for the purpose of public outdoor recreation, and to qualify for reimburesement of a portion of the cost of said construction project under the "Land and Water Conservation Fund Act of 1965" was presented as follows: AGREEMENT This Agreement, entered into this 14th day of December 1966, by and between the STATE FISH AND GAME COMMISSION, the governmental agency of the State of Montana de- signated to act for the State of Montana, for the purpose of implementing the "Land and Water Conservation Fund Act of 1965" with its principal place of business at Helena, Montana, Hereinafter called the "Commission," and the City of Bozeman, a political subdivision of the STate of Montana, hereinafter called the "City." 1 WITNESSETH: WHEREAS, the City desires to construct the following improvements in the City of Bozeman State of Montana, for the purp~e of public outdoor recreation, and to qualify for re- imbursement of a portion of the cost of said construction project under the "Land and Water Conservation Fund Act of 1965, "78 Stat. 897 (l964), Laws of the United States; and, WHEREAS, it is the duty of the Commission to share in the responsibility for adminis- tration of said project and to determine satisfactory completion by contractors and parti- pating agencies, and further to act as agent for the bureau of Outdoor Recreation, Depart- ment of the Interior of the United States to assure of satisfactory performance; NOW THEREFORE, in consideration of the covenants to be performed by each party on be- half of the other, as hereinafter set forth, IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. That the City will construct the following described improvements at Kirk Park in the City of Bozeman, State of Montana, in accordance with the plans and specifications hereto attached and by reference made a part hereof, at a total cost not to exceed $64,133.00, to-wit: The proposal includes the initial development of Kirk Park to include: 1. lite preparation consisting of laying of water mains, sewer lines and construction of sidewalks. 2. Landscape work. consisting of grading, establishing a lawn, planting of trees, and construction of crushed rock pathways. I (DESCRIBE PROJECT) 1. Construction work consisting of building (a) modern flushtype restroom with storage space (b) entrance gateway using historic arch (c) installation of playground equipment, l2 movable and 8 stationary picnic tables, a picnic shelter and 4 fireplaces. Water and sewer, plus restroom construction will be handled by contract with all other work to be done by force account. That the City will begin construction of said project within 90 days after final app- roval of the project agreement and will diligently pursue construction to completion on or before June 30, 1969. 2. The City agrees that it will advance the funds for the construction of said project and the Commission agrees to reimburse the City for 48~% (50% minus l~ surcharge) of funds expended by it in installments upon completion of each stage of construction as provided in plans and specifications hereto attached and upon receipt of funds from the United States for this purpose, and after approval and acceptance upon completion of such stages of the work in accordance with said plans and specifications. 3. It is understood by the City that this contract shall not become effective until written approval of the project Agreement hereof is obtained from the Depart- ment of the Interior of the United States, and that should said Department of the Interior approve only a portion of the proposed Project Agreement, then this Agree- ment shall become effective only to the extent of the portion so approved. 4. It is understood by both parties hereto that the rules and regulations of the Bureau of Outdoor Recreations, Department of the Interior of the United States, appli- cable to the conduct of a project under the "Land and Water Conservation Fund Act of 1965" and the proposed Agreement between the United States Department of the Interior and the State of Montana, together with the General Provisions thereof as hereto att- ached, are hereby incorporated into this agreement by reference and that the same shall be binding upon both parties hereto, and that modification of this Agreement, and special terms and conditions to the project may be established by the Department of the Interior if agreed to by the Commission and the City. 1 5. The City agrees to provide the Commission with all reports, and Certifications including accounting reports, receipts and vouchers as requested and in the form and upon the dates requested either prior to commencement of construction or atcany time during the construction. The City also agrees to follow accounting proceedures satis- factory to the Commission and to provide, upon request at any time during construction a financing commitment indicating that conc:inued City funds will be available for completion of the project as proposed in the attached plans and specifications, and to reimburse the Commission for any and all overpayments on this project. 6. The City further ag~ees to permit inspection by the Commission or its employees or agents at any and all reasonable times during or after construction. 1 7. The City further agrees to use, operate and maintain the facility constructed in accordance with the standards hereto attached and marked "Standards for Use, Operation and Maintenance of Recreational Facility." IN WITNESS WHEREOF, the Commission has caused its name to be subscribed and its official seal to be affixed by its Chairman and Secretary, thereunto duly authorized and the City has caused its name to be subscribed and its official seal to be affixed by its proper officers, thereunto duly authorized, on the day and year first above written. Following a thorough discussion of the Agreement as set forth by the Recreation and Parks Division of the State Fish and Game Commission and the Ass't City Manager as coordinator for this project, it was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the City enter into the Agreement as set forth and the Mayor and the Clerk of the Commission be authorized to execute the Agreement on behalf of the City 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 attend Association of Planning Boards Meeting: Helena, l6 December, four members of the City-County Planning Board & Secretary: It was reported a meeting of the State Planning Board Association was scheduled for Helena on Friday, l6 December 1966. The City Manager at the Board's request, recommended that Harold Korslund, President of the Bozeman City-County Planning Board, Harold A. Fryslie, Secretary of the Board and possibly two other members be authorized to attend this meeting and the expenses paid I from the planning fund. It was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the authorization to attend the meeting on Friday be so approved 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. Request to conduct Fruit Cake Sale - Civitan Club: The written request of the Civitan Club for permission to conduct a Fruit cake sale as a benefit for mentally retarded children was presented. It was moved by Commissioner Morrow, seconded by Commissioner Langohr, that permission to conduct the sale as requested be granted 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 Sewer Rod; 230 RC - 2 5A6" x 39" - Approximately $675.00: The Sanitary Sewer Department has reported a need to replenish the City's stock of sewer rod in the approximate amount of $675.00 to carry out the City's annual program of cleaning sewer mains. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Langohr, seconded by Commissioner Morrow, that the purchase of the 230 each RC2 5/16" x 39" Sewer Rod in the 1 approximate amount of $675.00 be authorized and the motiort was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Commissioner Morrow and Mayor Sedivy; those voting No, none. Lease Agreement: Federal Aviation Agency: Communications Installation - Gallatin Field: A letter from Howard Nelson, Secretary of the Gallatin Field Board along with a lease agreement from the Federal Aviation Agency in connection with the renewal of the lease for specified land and access to the land for certain Federal Communication Installation, between the Gallatin Field Board 461 462 and the Federal Aviation Agency was presented. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Morrow, seconded by Commissioner Langohr, that the Federal Aviation Agency Contract No. FA67VE-4025 be approved and the Mayor and the Clerk of the Commission be authorized to sign for the City and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Langohr and Mayor Sedivy; voting No, none. Civil Service Board: Attorney Joseph P. Gary of the Civil Service Board established to examine applicants and selec t a new Chief of Police, appeared before the Commission to outline ahe Boards proposed proceedure for consideration of the City Commission as prescribed by law. Mr. Gary advised the Commission written examinations are expected to be given all applicants next week after which time selection will be based on a combination of the written examinations, records of service, seniority, personal inter- views and an interview with the ex-chief as former immediate supervisor of the local department. Mr. Gar~y said the Board will meet this weekend and finalize their plans for presentation to the Commission at its meeting on 2l December 1966 for consideration. Hearing Resolution No. 1313: Intent to Vacate Alleys in Block 3 Springbrook Addition: This was the time and place set in Commission Resolution No. 1313 for hearing protests to vacating the alleys in Block 3, Springbrook Addition on West Main Street between North Ninth and North Tench Avenue. Affidavit of publication of Notice was presented together with signed acknowledgement of service of the notice from owners of all abutting the property. No protests having been filed, and no one appeared to verbally protest the vacation of alleys in Block 3 Springbrook Addition, the City Manager recommended that the City Attorney be instructed to prepare the Ordinance vacating the alleys in Block 3, Springbrook Addition. It was moved by Commissioner Langohr, seconded by Commissioner Morrow that the City Attorney prepare the above Ordinance 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. Report of Attendance: 43rd Annual Congress of Cities: Commissioner Langohr: Commissioner Langohr reported on his attendance at the National League of Citys' Annual Meeting held in Las Vegas 2-7 December 1966. Commissioner Langohr explained that the meeting was of a very high level and his personal experience derived therefrom would be of great value to the City as we go through policies in the future. It was moved by Commissioner Morrow, seconded by Mayor Sedivy, that Commissioner Langohr be commended on his complete resume of the meeting 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. Reports: The following reports were presented: Director of Public Service (Oct.) Director of Finance (Oct.) Fluoridation (Aug., Sept., Oct.. &: Nov.,) 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 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. Report of Fire Chiefs' Meeting - Helena &: Rural FiLe District Meeting: Fire Chief Huber reported on his attendance at the Fire Chiefs' meeting held in Helena 10-ll December, explaining that it was a very informative meeting and there were some excellent speakers. 1 1 1 He also reported on the Rural Fire District Meeting held Monday night 12 December 1966. It was moved by Commission Morrow, seconded by Commissioner Langohr, that Chief Huber be commended on the completeness of his report on both the Fire Chiefs:' meeting and the Rural Fire District Meeting and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner 1 Morrow, Commissioner Langohr 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 Langohr, seconded by Commissioner Morrow, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Langohr, Eommissioner Morrow and Mayor Sedivy; those voting No, none. ATTEST: cf~d J?Y~ Secretary ..4 ~. q~ f ./ Mayor I 1 463