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Home My WebLink About1959-03-18 1\6 -gozeman, Montana March 18, 1959 The Conunission of the City of Bozeman met in regular session in the Commission Room, City Han Building, Wednesday, March 18, 1959 at 1:00 o'clock P. H. Present were Mayor Erwin, Commissioner Swanson, Commissioner Berg, Acting City Manager Cutting, City Attorney Lovelace and the Actine Clerk. The following proceedings were had: Because of the absence of L. G. Shadoan, Clerk of the City Commission, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that H. Dean Hoore be designated as Acting Clerk and the motion was carried by the following Aye and No vote: those voting A-;/8 being Mayor Erwin, Commissioner 3wanson and Com~ssioner Berg; those voting No, none. Minutes of the last regular session were read and it was moved by Commissioner Swanson, seconded < 'oJ' Connnissioner Berg, that the minutes be approved as corrected and the motion wa:::. carriec b;y the following l\:Jre and No vote: those voting Aye being }~ayor Erwin, Commissioner Swanson and Commissioner Berc; those voting No, none. Resolution No. 944 - Intention to Create S. I. D. No. 409 The City Attorney as instructed has preparei a resolution of intention to create Special Improve- ment District No. 409, a storm sewer drainage district to serve the area between North ~eventh Avenue and North Eleventh Avenue and Main Street and West Beall Street. Resolution No. 944 was presented entitled: A RESOLUTION OF THE CITY COMrnSSION OF THF. CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION TO CRF~TE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOl~ AS SPECIAl, IMPROVEMENT DISTRICT NO. 409 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTAU,ING A STORM DRAINAGE SYSTEM TO SERVE THE AREA BEnJEEN NORTH SE'IDTTH A VENUE AND NORTH EI,EVENTH A VFNUE EXTENDING FROM vJEST MAIN STREET TO WEST BEAlL STREET, SAID STORM DRAINAGE PROJECT TO INCVIDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY APPURTENANCES ArID OTHER w:JRK Jl\TCIDEN- TAL THERETO. It was moved by Conunissioner Erwin, seconded by COTI'uuissioner Berg, that the resolution be passed and adopted and April 8, 1959 be set as the date for hearing protests and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Corrunissionel' Swanson and Commissioner Berg; those voting No, none. ttWestgate" Apartment Hotel - Building Application No. 1133 In accordance with the provisions of Ordinance No. 776 as amended, Building Application No. 1133 submitted by Hugo Eck, requesting a permit to erect a nine-unit apartment motel at 712 South Eleventh Avenue and plans for the proposed construction were presented. It was moved by Cormnissioner Berg, seconded by Cornmissioner Swanson, that a building permit for this construction be eranted and issued subject to structural details conforming to applicable codes and the motion was carried by the rollow- ing Aye and No vote: those voting Aye being }1f..ayor Erwin, Corrunissioner Swanson and Commissioner Berg; those voting No, none. Opening Bozeman Creek watershed to Public Use A letter dated March 5, 1959 at Bozeman from Forest Supervisor G. H. Duvendack of the Gallatin National Forest Service, in which opposition to cpening the Mystic Take watershed to public recrea- I tional use until the area can be opened to vehicular traffic was read. Following a discussion of this matter with the City Attorney, action was deferred pending receipt of further information from State and Federal Agencies. Development - Hyalite View Subdivision FA Chauner, a director of the 13 & E Company, Incorporated of Bozeman, Montana, appeared before the Comm1ssion in regard to his Company's proposed developnent of Blocks 19, 20 and 21 of the Hyalite View Subdivision of the City of Bozeman. He stated that it is proposed to petition for the establish- ment of a special improvement district in that area as a means to accomplish the inst~,llat:~on and 47 construction of utilities, and that they are negotiating with John S. Bereman, Civil Engineer and I~nd Surveyor of Cody, t~oming for consultant engineering services on all of their development activities. Mr. Chauner requested that the Commission advise the B & E Compa~y, Inc., if it would favorably con- sider retaining Mr. Bereman in a consultant capacity for any such proposed special improvement district, if created in this area, and with the cost of Mr. Bereman's services to the City to be borne by the I special improvement district. Action was deferred for further study of this proposal and investiga- tion of Mr. Bereman's qualifications. -. - .. . Appeal of Mrs. Sophie C. Sheldon - Improvement Application No. 517 In regard to Improvement Application No. 517 contemplating moving a house from 513 West YBin Street to a new location at 316 South Eleventh Avenue, application had been approved subject to completion of permanent basement and foundation at the latter location by Ju~y 1, 1959. Mrs. Sophie C. Sheldon, applicant, appealed that completion date on grounds it would prevent her husband from doing this work himself and thereby impose a considerable financial loss on them. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that completion date be extended to November 1, 1959 and the motion was carried by the following Aye and No vote: those voting A,ye being Nayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Replatting Hyalite View Subdivision A letter from the Bozeman Deaconess Hospital Board of Trustees dated at Bozeman on ~~rch 17, 1959 in regard to replatting and development of the Hyalite Subdivision was presented by C. V. Henderson, Secretary and was referred to the City Engineer for study and recommendation. Water System Improvement Project - Board of Arbitration Awards - Statewide Claims I Presented "ras a TlMemorandum of Correction" signed by Arbitration Board members Roy Kuhns and Lauren t'l. Gibbs on March 1h and 16, 1959 respectively, correcting an error contained in the "Decision and Award of Board of Arbitrationll dated at Bozeman, Montana on February 2h, 1959, in regard to Item 6 of that award. Action on this matter was again deferred pending receipt of final construction estimate from Morrison-~~ierle, Consulting Engineers. " Neeting of A. \Il. W. A. and Sewage Plant Operators The joint annual meeting of the Montana Section, American Hater 1'lorks Association and the Montana Sewage and Industrial wastes Association will be h~ld in Glendive, Montana, on April 9, 10, 11, 1959. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the City Engineer and the City Water Superintendent, or alternates, be authorized to attend this meeting, and their expenses be paid from the Water and S. D. S. Revenue Funds, and the motion ~dS carried by the Iollowdnr Aye and No vote: those voting A,ye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting Ho, none. ~Ain Street Repair - State Highway Commission Letter from Division Engineer George A. Barrett of the State Highway Commission dated at Bozeman on March IS, 1959, presented a plan, developed in collaboration with the City Engineer, for repair of Main Street pavement between Buttonwood and Fifth Avenues at a total estimated maintenance cost of $6,9hO.00, of which figure the City would be asked to participate on the basis of tvrenty-five percent (25%) or $1,735.00. It was moved by Commissioner Swanson, seconded by Commissioner Berg, that this plan be approved at a cost not to exceed $1,735.00 and the City Attorney be instructed to prepare a resolution in evidence of this action and the motion was carri.ed by the following Aye and No vote: those voting Aye being Mayor Erwin, COmrnD.ssioner Swanson and Commissioner Berg; those voting No, none. J. C. Easter Egg Hunt - Cooper Park Verbal request from the Junior Chamber of Commerce for permission to hold their Easter Egp: Hunt in Cooper Park on Faster Sunday was presented and the request was granted. 48 Drowning of POllinger Boy - Bozeman Creek Report was made of the accidental drowning of two year old Lloyd Scott Pollinger, son of ~fr. and Mrs. Frank Pollinger of 415 South Church Avenue, in Bozeman Creek adjacent to Bogart Grove, at approximate~y 5:00 o'clock P. M. on l~rch 17, 1959. Both the Police and Fire Departments had responded to this emergency but all efforts of revival failed. Building Movers Bond - Cotton's House Moving An indemnity bond in the amount of $2,000.00 written by Standard Accident Insurance Company for I "Cotton's House MovingTr in regard to building moving within the City limits of Bozeman by subject firm was presented, having prior approval of the City Attorney as to form. It was moved by Commissioner Erwin, seconded by Commissioner Berg, that this bond be accepted and filed and the motion was carried by the following Aye and No vote: those voting Aye being 11ayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Civil Defense Meeting The Chief of Police and the Fire Chief were designated as representatives of the Cit:r Commission to attend a meeting of Federal, State, and Count;!' Civil Defense Officials to be held in the Community Room of the Gallatin County Court flouse at 2:00 o'clock P. M. on r~rch 25, 1959. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Berg, that the meeting adjourn and the motion WclS carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. ~~J~ \ I .. ) Mayor ATTEST: I