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HomeMy WebLinkAbout1962-11-14 178 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 179 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. 180 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. 181 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