HomeMy WebLinkAbout1963-04-17
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Bozeman, Montana
April 17, 1963
The Commission of the City of Bozeman met in regular session in the
Commission Room, City Hall Building, Wednesday, April 1'1, 1963 at .1:00 o'clock
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p.m. Present were Mayor Staudaner, Commissioner Sedivy, Commissioner Morrow,
City Manager Cutting, Ass't. City Manager Fryslie, City Attorney Berg and the
Clerk.
The following proceedings were had:
Minutes of the last regular session were read and it was moved by Gommis-
sioner Morrow, seconded by Commissioner Sedivy, that the minutes be approved as
read and the motion was carried by the following Aye and No vote: those vo'ting
Aye being Mayor Staudaher, Commissioner Morrow and Commissioner Sedivy; those
voting No, none.
It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that
the reading of the minutes of the special session heLd ApriL 15, 1963 be deferred
untiL the next regular session of the Commission. The motion was carried by the
following Aye and No vote: those voting Aye being Mayor 5taudaher, Commissioner
Sedivy and Commissioner Morrow; those voting No, none.
Public Hearing
Special Improvement District No. 428
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This was the time and place set by Commiss ion Resolu tion No. .Lu6'/ to hear
protests to the creation of SpeCiaL Improvement District No. 428. Affidavit of
publica tion of Notice and the Clerk's Mailing Certifica te s ta ting tha tall pro-
perty owners had been notified as required by law were presented. One written
protest representing 2.7H5% of the property within the boundaries of the pro-
posed distric't was presented. No one appeared to verbaLly protest the creation
of the dis tric t and the Ci ty Manager recommended tha t the pro te s t filed be dec-
lared insufficient and tne City Attorney instructed to prepare a resolution to
create the district.
Commission Resolution No. lU'/3, entitled:
COMMISSION RESOLUTION Nu. 1073
A RESOLUrrION OF THE CI'l'Y COMJIlLSSIUN OF' THE Crrrry OF
BOZEMAN CREATING A SfECIAL IMl-'ROVEMEN'l' DIS'l'RICT 'l'O BE
KNOWN AS SPECIAL IMl-'ROVEMENT DISTRICrl' NO. 428 OF THE
CITY OF BOZEMAN FUR 'l'HE PURPOSE OF CONSTRUCTING AND
INSTALLING A PAVElVIEN'I' PROJECT ON SOUTH WILLSON A VENUE
FROM GRANT STREET TO SPRING CREEK RUAD.
prepared by the City Attorney was presented. It was moved by CommiSSioner
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Morrow, seconded by Commissioner Sedivy, that the protest be declared insuffi-
cient and Commission ReSOLution No. .1073 be passed and adopted to create Spec-
ial Improvement District No. 428. The motion was carried by the fOLLOWing Aye
and No vote: those voting Aye being Mayor Staudaher, Commissioner Morrow and
Com~issioner Sedivy; those voting No, none
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Public Hearing
Special Improvement District No. 429
This was the time and pLace set by Commission Reso.Lu'tion No. .LU6H to hear
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The City Manager recommended that the City Attorney be instructed to pre-
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protests to the creation of Special Improvement District No. 429. Affidavit of
publication of Notice and the Clerk's Mailing Certificate stating that alL pro.
erty owners had been notified as required by law were presented. No written
protests were on fiLe and no one appeared to verbally protest the creation of
the district.
pare a resolution to create the district.
Commission Resolution No. 1u74, entit..Led:
COM~,~ISSION RESOL lrrrIuN NO. 1074
A RESOLUrl'ION OF THE CITY COMMISSION OF 'l'HE C I'l'Y uF
BOZEMAN CREA~'ING A SPECIAL D,"PROVE1ffiNT DISTRICT TO BE
KNOWN AS SPECIAL IMFROVEMENT DISTRICT NO. 42\-;1 OF THE
CITY OF BOZEMAN FuR THE PURPOSE OF CONSTRUCTING AND
INSTALLING A FA VEMBNT lJROJECT ON SOUTH BLACK A VENUE
FROM THE NORTH LINE OF GARFIELD STREE'l' SOU'llH TO THE
SOUTH BOlillDARY LINE OF THE UNIVERSITY SUBDIVISION TO
THE CITY OF BOZEMAN, MONTANA, AND ON GARFIELD STREET
FROM THE EAST LINE OF SOUTH BLACK A VENUE TO THE WESTERN
BOUNDARY LINE OF UNlVERSI'J'Y SUBDIVISION.
prepared by the City Attorney was presented. It was moved by Commissioner
SediVY, seconded by Commlssioner Morrow, thH.'t Commission Resolution No. L074 be
passed and adopted to create Special Improvement Distric't No. 429. The motion
was carried by the fOLlowing Aye and No vote: those voting Aye being Mayor
3taudaher, Comm:l.s sioner Sedivy and Commissioner Morrow; those voting No, none.
Public Hearinl7,
Special Improvement District No. 430
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This was the time and p..Lace set by Commission Resolution No. lu6\-;1 to hear
protests to the creation of Special Improvement District No. 43u. Affidavit of
pub~ication of Notice and Clerk's Mailing CertlfiCH.te stating that all property
owners had been notified as required by law were presented. No written pro.
tests were on fiLe and no one appeared to verbally protest the creation of the
district.
Commission Resolution No. 1u'/5, enti'tLed:
COMVISSION RESOLU':PION NO. ~
A RESOLUTION uF THE CI'l'Y COMI"nSSION oP rTIIE CITY OF
BOZEMAN CREATING A SFECIAL IMFROVEMENT DIS1'RICT TU BE
KNOWN AS St'ECIAL IM1:'ROVETvlEWI' DISTRIC'l' NO. 43U OF rUlE
CITY OF BOZEMAN FOR THE PURt'OSE OF CONSTRUCTING AND IN-
S'l'ALLING A tiA VEMENT PROJEC'l' UN SUP'I'H rl'RACY A VENUE FROM
THE END OF EXISTING .I:'A VEMENT, BEING 150 FEET NOWEH OF
CLEVELAND STREET S01JI'H TO THE SOUTH LINE OF LOT 4 BLOCK
"A" OF LANGHOR'S FIRST ADDITION TO THE CITY OF BuZEMAN,
AND CLEVELAND STREErr FROM SOlJTH WILLSON AVENUE Tu SUTyrH
TRACY A iJEN1JE.
prepared by the City Attorney was presented. It was moved by Commissioner
Morrow, seconded by Commissioner Sedivy, that Commission Resolution No. l.u'15 be
passed and adopted to create SpeCiH.1 Improvement District No. 43U. The motion
was carried by the following Aye and No vote: those voting Aye being Mayor
Staudaher, Commi.ssioner Morrow and Commissioner Sedivy; those voting No, none.
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Purchase of 3/4" Copper Tubing
The City Manae;er reported the Water .lJepartment is now in the process of
instaJ.ling stubs from the water mains to the curbs in streets which are to be
paved in the near future and the department is in need of an additional supply
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of 3/4" copper 'tUbing. He requested authorization to piece an order for 27uu'
at an approximate cost of $95V.OO, and it was moved by Commissioner Sedivy, sec-
onded by Commissioner Morrow, that tt:i.8 request to place the order as specified
be approved and the motion was carried by the fOllowing Aye and No vote: those
voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow;
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those voting No, none.
State Gasoline Tax Refund Claim
A claim for refund of State Gasoline Tax for gasoline used by the City in
the amount of $1,5lU.3l::3 (25,1'73 gallons) was presented. Illhe City Manager requested
that ne be authorized to sign and submit the claim on behal.f of the City. It was
moved by Commissioner Morrow, seconded by Commissioner Sedivy, that the author-
iza tion be granted and the motion was carried by the following Aye and No vote:
those voting Aye being Mayor Staudaher, Commissioner Morrow and Commissioner
Sedi vy; those voting No, none.
Continuation Certificates of Frank J. Trunk & Son, Inc. (Plumbing & Gas Fitters
Bonds)
Continuation Certificates for the renewal of the gas fitters and plumbing
bonds of Frank J. Trunk and Son, Inc. were presented. The certificates were
both approved as to form by the City Attorney. It was moved by Commissioner
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Sedi vy, seconded by Commissioner ~"'orrow, tha t the certifica tes be approved and
accepted and the motion was carried by the fOllowing Aye and No vote: those
voting Aye being Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow;
those vo ting No, none.
Poppy Sale
May 24, 1963 (American Legion Auxiliary)
A request from the American Legion Auxiliary to designate Friday, May 24th,
as "Poppy Da y" and permi t sale of the poppies on tha t da y was read. I t was moved
by Commissioner Morrow, seconded by Commissioner Sedivy, that the request be
granted and 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.
Release from Park Hequirement
3im-Graf Corp., Farwestern Subdiv. Lots
In compliance with the instructions of the Commission as of April luth, 1963,
the City Attorney had prepared an instrument by which the City could release as
satisfied the agreement in regard to its interest in lots Four (4) and Five (5),
Block Three (3) of the Farwestern Subdivision that nad been entered into by the
City and the Sim-Graf Corporation. The City Manager recommended that the release
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be approved and the Mayor and the Clerk of the Commission be aut!lorized and
directed to sign on behalf of the City. It was moved by Commissioner SediVy,
seconded by Commissioner Morrow, that the instrument be approved and the Mayor
and the Clerk of the Commission directed to sign for the City of Bozeman. 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
Report
The. Cemetery report for tne montn of March was presented and it was moved by)
Commissioner Sedivy, seconded by Commissioner Morrow, that the report be approved) Mtg.
and the motion was carried by the fO.Llowing Aye and No vote: those voting Aye ) 4/24/63
bein? Mayor Staudaher, Commissioner Sedivy and Commissioner Morrow; those voting )
No, none. . (
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Leave for City Manager (20 April - 6 May, 1963)
Oscar E. Cutting requested that he be granted vacation leave from his
duties as City Manager from April 2uth to May 6th, 1963, inclusive, and that
Harold A. Fryslie, Ass't. City Manager, be designated as Acting City Manager
during the period. It was moved by Commissioner Morrow, seconded by Commis-
sioner Sedivy, that the leave, as requested, by the City Manager be approved
and 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.
Protest Removal of Tree Located at 401 South Grand Avenue
To prevent further damage to the sidewaLk and curb located at 4Ul South
Grand Avenue, the Park Department at the property owner's request is in the
process of removing a large tree from the parking. Mr. Charles R. Swart,
324 South Grand Avenue, residing at a residence diagonaLly across the street
from the subject tree, appeared to p~otest its removaL. Altnough the cost of
repairing sidewalks and curbs within the City reverts to the property owner,
the Commission informed Mr. Swart it would view the area and give further
consideration to his request.
Report on A~NA Conference (Livingston, 4-6 April)
Ass't. City Manager Fryslie, Water SUperintendent Ralph Dunahoo, and
Ruben Batchelder, Superintendent of the sewage disposal plant, reported on
their attendance at the American Water Works Association Conference at
Livingston, April 4th thru the 6th. Their reports consisted of resumes of
the programs, its attendance and values derived by the City in having repre-
sentatives at meetings of such a nature. The City Manager commented that it
is demonstrated that the City is continually benefited by its affording its
personnel the opportunity to attend professional meetings and training pro-
grams as tney apply to 'the various departments. Mayor Staudaher extended the
appreciation of the Commission on the completeness of the reports.
New Building Facilities for the City
As instructed by the Commission, the City Manager and the City Attorney
presented and reviewed legaL procedure that must be followed for constructing
and financing new City buildings.
The Manager reported that all possibilities for building financing including
Federal programs are constantly being studied and to date the issuance of General
Obligation Bonds appears to be the best metnod; although, whichever method is
used, the proposal must be placed before the taxpayers at an election.
The City Attorney then revlewed procedure for setting such an election and
reiterated that such a building proposal must be initiated by a petition contain-
ing names of at ~east 2u% of the quaiified, taxpaying voters, before any official
action can be taken by tne City Commission to set an election.
Commissioner Sedivy stated it is his firm belief that in order to fulfill
the responslbi1ites of the Commission, such an election should be held at the
earliest possible date at which two propositions should be voted upon:
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(I) For the construction of a new Fire-Police
bui.Lding, and
(2) For the construction of a new City Admin-
istration building.
The City Commission then placed itself firmly on record as deeming the
immediate replacement of the present City Haii an urgent and critical Community
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need and urged the Citizens of Bozeman to initiate and accompilsh the petitions
required in order to permit the Commission to take action as may be re4uired for
the City Hall replacement.
Adjournment
There being no further business to come before the Commission at this
time it was moved by CommissionerMbrrow , seconded by Commissioner Sedivy, that
the meeting adjourn. The motion was carried by the fO.Llowing Aye and No vote:
those voting Aye being Aye being Mayor Staudaher, Commissioner Morrow and
Commissioner Sedivy; those voting No, none.
d (I~, .p-'- _
~~or
ATTEST:
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C.Lerk of . tne Cl ty o;;fssion
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