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HomeMy WebLinkAbout1962-12-12 191 Bozeman, Montana Deoember 12, 1962 The Co:mm.ission of the City of Bozeman met in regular session in the Commission Room, City I Hall Building, Wednesday, December 12, 1962 at 1:00 o'clook P.M. Present were Mayor Staudaher, Commissioner sedivy, Commissioner Morrow,/Cfty' Manager Cutting, ABa't. City Manager Fryslie, City Attorney Berg and the Clerk. The following prooeedings were had: Minutes of the last regular session were read and it was moved by Commissioner Sedivy, seconded by Commiss ioner Morrow, that the minute.s b. approved as read and the motion was carried 'by.tb.e following Aye and No voteJ those voting ~e being Mayor Staudaher, Commissioner Sedivy and commissioner Morrow; those voting No. none. Federal Building -- Announoement by Mayor Attention was called to press releases announoing the site ohosen for the construction of the proposed federal building would be the oity block south of the present post office. .AJ3 two of the City's most important parking areas are located on the site and since this site is within Bozeman's most traffio congested section, this Federal deoision poses serious prob- lems to the City. Mayor Staudaher ooncluded discussion of the situation with the statement: t~e were surprised to see (Congressman) Olson's message about the government selecting property which we (the City) own halt of without consulting us. Until we have some word from Washington, We oannot make any decisions." .1 Resolution No. 1061 -- Intention to Annes Grafls First Subdivision As instructed during the regular meeting of December 5th, the City Attorney presented proposed Resolution No. 1061, prepared to institute proceedings to annex Grafts First Subdivision, entitled: COMMISSION RESOLUTION NO. 1061 - A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE TO THE BEST INTEREST OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT 'tilTH IN THE CORPORATE LIMITS THEREOF. " It was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the resolution be passed and adopted and January 9, 1963, set as the date for public hearing. The moti an was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; those voting No, none. Right-of-way Easements -- Wests ide Sewer Project -- Payment to be Offered The City Manager reported the engineers are continuing work on preliminary plans for the proposed Wests ide Sewer Special Dnprovanent Distriot and requested instructions as to what -I right-of-way payments are contemplated so that proper assessment forms oould be prepared. The Commission and other City offioials disoussed What compensation for rights-ot-way should be offered property owners whose property may be crossed by the sewer pipe lines and who could be expected to demand settlement for the right-ot-way. It was moved by Commission Sedivy, seoonded by Commissioner Morrow, that, where necessary, payment of $50.00 for an easerent and$6.00 per rod for predetermined total damages be stipulated as the maximum figures to offer and the motion was oarried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; those voting No, none. --- 192 Authoriza.tion to Travel -- Montana Municipal League Legislative Meeting~ Helena, Deeember~ 13th It was announoed a Montana Munioipal League Legislative Meeting is scheduled to be held in Helena, December 13th~ and in conourrenoe with the City Ma:DS.ger's recommendation, it was moved by Commissioner Morrow, seoonded by Commissioner Sedivy~ that the members of the Commis- I sian and the City Manager be authorized to attend the conference e.nd~ it being in the public interest, the expenses inourred he charged to the General fund, The motion was oarried by the following Aye and No votes those voting Aye being Mayor Staudaher~ Commissioner Sedivy and C~ miss ioner Morrow; those voting No, none. Acquisition of Elks Country Club Property The Commission was referred to its proceedings of April 11th, and June 27th~ 1962, regard- ing the purchase of 79.5 acres of land known as the "Elks Country Club" from the local Elks Club~ Bozeman Lodge No. 463, to provide additional areas for future expansion of the Sunset Hills Cemetery and far park and recreational purposes. The City Manager stated that during its regular meeting held on April 10, 1962~ the Board of Trustees of the Sunaet Hills Cemetery had approved and reoommended the purohase, that the State Examiner had informed city officials his office has found no serious exoeption to this proposition and that the state's Attorney General had rendered a favorable opinion as to the legality of use of Pernane:at Car$' Funds to complete the transaotion. Based upon a memorandum of agreement which contained the following conditions; a. Bozeman Lodge No. 463 wills I (1) Sell the "Elks Country Club" property to the City of Bozeman with all appur- tenanoes thereto~ inoluding a strip of land 15 feet in width adjaoent to and along the east side of Switzler Avenue extending; southerly to an inter- seotion with the south line of Curtiss Avenue extended exoept for the portion containing 12.4 acres, more or less~ adjacent to U.S. Highway No. 10; all as shown in detail on the nap of the area as prepared by the City Engineer. (2) Furnish the City of Bozeman a merohantable title to the property oonveyed. (3) Pay all 1962 general taxes levied against the property. b. The City of Bozeman -will: (1) Buy the property as described in paragraph 3.a.(1) above containing 79.0 aores, more or less. (2) Pay to Bozeman Lodge No. 463 the sum of Fifty-thousand dOllars($50,OOO.OO) in cash upon reoeipt of deed in proper form. (3) Assume obligation of $3,09l.68~ being the unpaid balance of special levy against the property for SID No. 416. (4) Assume any special levies against the property conveyed made subsequent to the transfer of title. ( 5) Continue existing tenancy lease of the Moose Lodge. (6) Plaoe permanent iron pins at the southeast and southwest corners of tract retained by the Lodge. (7) Make full and final payment as indioated in paragraph 3.b. (2) above on or before I 15 December 1962. the City Attorney presented a proposed R solution No. 1062, entitled: e 193 COMMISSION RESOLUTION NO. 1062 - A RESOLUTION OF THE oomus:; ION OF THE CITY OF BOZEMAN AUTHORIZING THE MAYOR TO MAKE AND ENTER INTO AN AGREEMENT WITH THE BENEVOLENT PROTECTIVE ORDER OF ELK LODGE NO. 463 OF BOZFMAN, MONTANA FOR THE PURCHASE OF LANDS FOR CEMENTERY AND PARK PURPOSES, AUTHORIZING THE INVESTMENT OF CEMETERY PERMANENT CARE FUNDS FOR THE PURPOSE OF PURCHASING SAID LANDS. I ... In concurrence wi th the foregoing memorandum agreement, it was moved by Conunissioner Sedivy, seconded by Commissioner Morrow, that Commission Resolution No. 1062 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; those voting No, none. National Safety Council Annual Traffic Report for 1961 The National Safety Couoil Annual Traffic Report for 1961 was presented. Detailed reports on its contents were presented by Police Judge Arthur I. Thompson and Chief of Police Saunders and approved. Report on Inspection of City -- Industrial Accident Board Thereport of the December 4, 1962, inspection of the City Hall performed by John R. Miehle, inspector for the safety department of the State Industrial Accident Board, was presented. Mr. Miehle's report stated that the City Hall is "unfit for occupancy" and cited a number of other serious deficiencies of the structure. It was the consensus of City officials that no funds are available to rectify these conditions at this time and the press was requested to convey this :infornation to the public. Reguest to Place Banner Across Main Street (Pi Week) -- 1-10 Jan. '63 I A written request reoeived from the Pi Kappa. Alpha Fraternity to place a banner sign across Main Street during the period, January 1-10, to advertise "Pi Week", a March of Dimes benefit, was placed before the Commiss ion. The City Manager recommended the request be granted provided the fraternity received permission from property owners involved and the sign and its erection comply with the provisions of Chapter 14.16 of the Bozeman Municipal Code. It was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that, as reoommended, the request be granted and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; those voting No, none. Resolution No. 1063 -- Quit Claim Deed to McKinley T. Anderson, Jr. et al During the Commission meeti:og held Ootober 31. 1962, the Commission passed and adopted Resolution No. 1051, and during the meeting held November 1, 1062, it passed and adopted Ordin- ance No. 838, both actions being for the purpose to ass ist the platters of the University Sub- divi8b n to rearrange the plat to provide a more suitable alignment of the streets. To further oomplete the aforementioned purpose, Commission Resolution No. 1062 was placed before the Co~ mission, entitleda I COMMISSION RESOLUTION NO. 1063 A RESOLUTION OF THE CITY COMHISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE MAYOR A1~ CLERK OF THE CITY COMMISSION TO EXECUTE A QUIT CLArn: DEED TO ALL OF THAT VACATED PORTION OF SOUTH TRACY AVENUE LYING WEST OF AND ADJACENT TO BLOCK nro OF THE UNIVERSITY SUBDIVISION m THE CITY OF BOZEMAN, MONTANA, ACCORD- ING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN TEE OFFICE OF THE CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. 194 A quit olaim deed aooompanying the resolution was approved as to form by the City Attorney and 'the Ci'ty Manager reoommended that the resolution be passed and adopted. Following the re- commendation. ii; was moved by Commissioner Sedivy. seconded by Commissioner Morrow, ,,"'f/d/PI f?rft14B; if1r/.f1'r/ ~ tJ~jfvf;' / i#:l4.r/q' ;6# /rjr:/rrlnl.1 :/;j~f N<i: f /RII that , the resolution be passed and adopt ed and the motion was oarried with the following Aye and No vote; those voting Aye being Mayor I Staudaher. Commissioner Sedivy and Commissioner Morrow; those voting No. none. Reports The following reports were presented: Cemetery Water Colleotor Direotor of Public Works The City Manager oommented on the r~ports and it was moved by Commissioner Morrow, seconded by Commissioner Sedivy. that the reports be approved and ordered filed and the mo'tion was oarried by the following Aye and No vote: those voting Aye being MAvor Staudaber. Commissioner Sedivy and Commissioner Morrow; those voting No. none. Claim -- purchase of "Elks Country Club" As provided in the provisions of Commissioner Resolution No. 1062, a claim in the amount of $50,000.00, in favor of Bozeman Lodge No. 463. B.P.O.E.. representing payment for the pur- chase of the "Elks CountrY Club" from the lodge by the City was presented. It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the claim be approved and the Dir- ector of Finance directed to issue a warrant in payment. The motion was carried by the follow- ing Aye and No vote; those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; 'those voting NO. none. .1 Adjournment -- There being no further business to oome before the Commission at this time it was moved by Connnissioner Sedivy. seconded by Commissioner Morrow that the meeting adjourn. The motion was oarried by the following Aye and No vote: those voting Aye being Mayor Staudaher and Co~ missioner Morrow; those voting No, none. . ~ ...~ Ma.~ r ATTEST: \. 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