HomeMy WebLinkAbout1962-11-14
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Bozeman, Mon tana
November 14, 1962
The Commission of the City of Bozeman met in regular session in the
Commission Room, City Hall Building, Wednesday, November 14, 1962 at l:Ou
orclock p.m. ~resent were Mayor Staudaher, Commissioner Sedivy, Commie- I
sioner Morrow, City Manager Cutting, Assrt. City Manager Frys1ie, City Attorney
Berg and the Clerk.
The following proceedings were had:
Minutes of the last regular session were read and it was moved by Commis-
sioner Morrow, seoonded by Commissioner Sedivy, that the minutes be approved as
-
read and the motion was oarried by the following Aye and No vote: those voting
Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those
voting No, none.
Award of Truck Purchase -- Street Dept. -- Bids Opened Nov. 7, r62
A tabulation having been completed of the bids opened November 7th, for ~
the purchase of a 2-ton dump truck, the City Manager recommended the award of -
the bid to Bolfe &: Wood, Inc., in the amount of $3,922.03, plus $93.6U for the
202 H. P. , (V-8) engine, or a total amount of $4,U15.63, it being the lowest and
best bid received equaling or exceeding the specifications as contained in the
"Call for Bids". It was moved by Commissioner Sedivy, seconded by Commissioner
Morrow, that the award be made to Rolfe & Wood, Inc., in the amount of $4,015.63 I
as recommended. 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.
Right-of-way Easement for Garfield Street Crossirgthe Milwaukee Track
A re-draft of an easement presented to the Commission on October 31, 1962,
prepared to prOVide a crossing of the Milwaukee track for Garfield Street and
re-drafted to eliminate provisions contrary to State law was presented, and the
City Manager recommended that the revised agreement be accepted and approved.
The easement having been approved by the City Attorney, it was moved by Commis-
sioner Morrow, seoonded by Commissioner SediVY, that the Mayor and the Clerk of
the Commission be authorized and directed to sign for the City and the easement
then forwarded to the railroad for endorsement and approval by its officials.
The motion was carried by the follOWing Aye and No vote: those voting Aye be-
ing Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those voting
No, none.
Right-or-way Easement Across Northern Pacific Tracks -- SID No. 425 I
An agreement to prOVide a right-of-way easement for the trunk line sewer
of Special Improvement District No. 425 across the property or the Northern
Pacific Railway was presented. The City Manager recommended that the City
enter into the agreement and it was moved by Commissioner Sedivy, seconded by
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Commissioner Morrow, that subjeot to the approval of the agreement by the City
A ttorne y, the City approved the agreement and the Mayor and the Clerk of the
Commission be authorized and directed to sign for the City. The motion was car-
ried by the following Aye and No vote: those voting Aye being Mayor Staudaher,
Commissioner'Sedlvy and 'Commissioner Morrow; those voting No, none.
I Replaoement of Pavement -.. Joe Ambros, 502 N. Tracy
Mr. Joe Ambros, a property owner ~t 5U2 N. Tracy, appeared before the Commis-
sion to request an exp.J.anation of the necessity of insta.J.ling a drainage pipeline
in North Tracy Avenue and the City's plan for replacing the pavement in front of
his residence whioh had been cut by the construction of the drainage improve-
ments for Special ]mprovement District No. 424. Mr. Ambros was assured nothing
was being done unnecessarily and that the'pavempnt would be replaced in strict
- equal 0 - (Mt~. 11/21/62)
accordance with specifications and b~1az.superior to the pavement removed.
Annual Meeting of Middle Creek Water Users' Association
Notice has been received of the annua.J. meeting of the Middle Creek Water
Usersr Association to be held on Monday, November 19th, 1962. It was moved by
Commissioner Morrow, seconded by Commissioner Sedivy, that Ass't. City Manager
Fryslie be appointed as the offioial representative of the City of Bozeman at
this meeting and that he be given a proxy to vote the stock of the City of
Bozeman and the motion was carried by the following Aye and No vote: those vot-
,
I ing Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those
voting No, none.
Civil Defense Meeting ..- Chief of Police, Butte, Nov. 19, 1962
The City Manager reported that Civil Defense Meetings are scheduled by the
State Director to be held in key cities in the State and recommended that Chief
of Police Saunders be selected as the representative of Bozeman to attend the
nearest meeting to be held in Butte, November 19th. It was moved by Commissioner
)
SediVY, seconded by Commissioner Morrow, that Chief of Polioe Saunders be del.e-
gated to attend the meeting as recommended and, it being in the public interest,
the travel expenses incurred be paid from the General Fund. The motion was car-
ried by the fOl.J.owing Aye and No vote: those voting Aye being Mayor Staudaher,
Commissioner Sedivy and Commissioner Morrow; those voting No, none.
Purchase -- Police Car Radio
The City Manager reported, that 8S planned, the City is expanding its mobile
police cars to three units and it is necessary to purchase a police car radio for
the third ca r . He recommended that the City purchase a Motorola radio in the
I total approximate amount of $57U.UU. It was moved by Commissioner Morrow, sec-
onded by Commissioner Sedivy, that the City Manager be authorized to place an
order for the equipment as recommended and the motion was carried by the follow-
ing Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner
Morrow and Commissioner Sedivy; those voting No, none.
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State Planning Board - .. Assessment for Corrective Planning Legislation
(Zoning)
It was reported that the Montana State Planning Board has soheduled a pro-
gram to introduce corrective planning (zoning) legislation tor consideration by
the coming session of the State Legislature, aDd the Board has requested all
municipalities of the State to join in securing legal assistance for the program.
It was moved by Commissioner Sedivy, seconded byComm1ssioner Morrow, that the I
continuation of city-county planning being very muoh in the interests of the
City of Bozeman and funds being available, payment of this assessment of $300.00
for legal assistance be authorized and the Kontana State Planning Board be noti-
fied of the Cityts action and the motion was carried by the following Aye and No
vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and Commis"
sioner Morrow; those voting No, none.
Remodeling Request: Heidel-Vandenhook Bldg., Main & Tracy
A proposed plan to remodel the existing Tracy Avenue entrance to the
Heidel-Vandenhook building at the corner of Main and Tracy involving re-building
of the steps now encroaching on the sidewa!kd was presented. The Ci ty Manager
stated the plan could be considered as a temporary arrangement at this time since
no extensive reModeling of the building is contemplated and recommended that the
plan be approved. It was moved by Commissioner Morrow, seconded by Commissioner
Sedivy, that the plan as presented be approved as a temporary arrangement and the
motion was carried by the following Aye and No vote: those voting Aye being I
Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those voting
No, none.
Request -- Muscular Dystrophy Fund Drive
The request of the local chapters of the Rainbow for Girls and the DeMolays
to conduct a house-to-house canvass 1n connection with their annual Muscular
Dystrophy Fund drive during the hours between 6:00 p.m. and 8:00 p.m., November
19th, was presented. It was moved by Commissioner Sedivy, seconded by Commis-
sioner Morrow, that the request be granted 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.
Call for Applications to Fill Vacancy of City Engineer
The City Manager announoed that he was of necessity advertising tor
applications to fill the vaoancy created by the resignation of Charles Liquin
as City Engineer.
Request -- Tag Day (Gallatin Association for Retarded Children)
It was reported that the Gallatin Association for Retarded Children bad I
requested permission to conduct a tag day in the 01 ty on November 24th, and it
was moved by Commissioner Morrow, seoonded by Commissioner Sedivy, tha t per-
mission to conduct the sale be granted. The motion was carried by the tollow-
--'
ing Aye and No vote: those voting Aye being Mayor Staudaher, Commissioner
Morrow and Commissioner Sedivy; those voting No, none.
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SID No. 425 -_. Right-of-way (Sande Property)
As directed during the Commission meeting held October 31, 1962, the City
Attorney reported his negotla tion8 for a right-of-way easement to permit cons tr-
uotion of the trunk sewer line through the property of Vernon S. Sande as con-
templated by Speoial Improvement Distriot No. 425. Also, a oommunication add-
I ressed to the City Manager by the legal firm of Holter & Heath, representing
Mr. Sande, was presented whioh set forth the terms demanded by Mr. Sande for such
an easement as follows:
lI1(a) Pay the Sandes $l5UO in cash.
(b) Reseed the damaged pasture at City expense.,
(0) Ereot and maintain for whatever period necessary
an electric wire fence on both sides of the exca-
vated area, tor cattle protection purposes, it
such is deemed necessary by the oonoerned parties.
(d) Permit Mr. Sande or his suocessors in interest,
one hook on to the sewer trunk line at no cost
except the normal hook on oost."
Present and taking part in this disoussion were: C. V. Henderson, rep-
resenting Hillcrest Homes, principal participant in SID No. 425, T. G. Haggerty
ot the Haggerty-Messmer Company, low bidder for the construction, J. D. Street
of the Security Bank and Trust Co., purohaser ot the distriot bonds, and major
participants in SID No. 426, Herbert I. Thompson and McKinley T. Anderson.
The City Manager reviewed the oircumstanoes of right-at-way matters in this
I district, other expenses incurred, and what would be involved in an abandonment
of the District. The City Attorney explained condemnation Krooedures and ttme
eadlines
elements required and that in this case it was doubtful if "ittieJ for con-
firming the construotion contract and bond sale would allow sufficient time to
institute such proceedings.
After it was indicated the oonsensus was that the City should concede to
Mr. Sande's demands, it was moved by Commissioner SediVY, seconded by Commis-
sioner Morrow, that the demands of Mr. Sande as outlined above in settiem8nt for
granting the subject easement across his property as presented by Attorney
Robert E. Heath be acoepted and the oash pa~ent stipulated authorized; that the
City Attorney be directed to draw up the necessary easement agreement as stip-
ulated (to include a clarification of paragraph "d'" above); and that it be recorded
that the Commission considers Mr. Sande's demands to be exoessive and this action
is taken in view of the particular problems oonfronting this Special Improvement
District only and is not to be construed as a preoedent for the consideration ot
such matters in any other district. The motion was carried by the following Aye
I and No vote: those voting Aye being Mayor Staudaher, Commissioner Sedivy and
Commissioner Morrow; those voting No, none.
Adjournment
There being no further business to oome before the CommiSSion at thle time it
was moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the meet-
ing adjourn. The motion was carried by the following Aye and No vote: those
voting Aye being Mayor Staudaher. Commissioner Morrow and Commissioner Sedivy;
those voting No. none. %ff~1LA.
t!/}a/~ Ma yor
ATTEST: , Clerk of the City Commission