Loading...
HomeMy WebLinkAbout1959-08-19 114 Bozeman, Hontcma August 19, 1959 The COllllllission of the City of Bozeman met in regular session in the Commission Reom, Cit~l Hall Building, ~,'[ednesd3.Y, August 19, 1959 at 1:00 o'clock P. M. Present were Mayor Erwin, Conunissioner Swanson, Commissioner Berg, Cit:,.' Hanager' Henderson, Cit;'l Attorne;y Lovelace and the Clerk. The following proceedings were had: f.iinutes of the 12st regular session were read and it was moved by Commissioner Swanson, second ed I~ by Ma;'{Ol' E:~:,in, ~,h,qt the minutes be approved a s read and the motion vIas carried by the follm,.rin€: Aye and No voLe: those voting Aye bei.ng f.jayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Primary Norrlinating Election Dispensed Tirith The Manager stated the follovdng candidates for City Commissioner have filed nominating petitions: Oswald Berg, Jr. A. N. Haas Edmund P. Sedivy Fred }~. Sta11daner CitJ Attorne:r LovelG,ce c;t"ted that Section 11-3215 E. C. M., 191.7, makes no provision for writing in names at the Primary Election and further tl:aL nCI nEures shall be placed upon the general nallot exeept those candidates nominated e.t D. r'Y'jnl3.r~' election. The City Attorne;y eXplained that +'O'~lr . ,-- ':::andidates arc ts be nominated, Emd cnl;y four persons have filed nomir12.ting petiU,cns "rith Lhe reC}uired s:ign3.t'lres and only the r13.mes of the foeu' '::amiidates who have filed rr.ay be prhlted or appear on the offici"al ballot at the general election, and thD.t therefore the primar~r election 1t!ould serve no useful or pract:1cal purpose, and a. c()!lsiderable sum of mone;y l::an be saved b:, nQt 1101ding 2. ~~ri~tla;:'J.' election. After consideration by the Commission, it \'faS moved b;l Conl"nissioner S"h'anson, :;:",conded b.y COiu;ni,ss.Loncr Berg, that the notices published and posted of a Primal'S re,minat:lng Election to be held I A'lgust 25th, 1959 be and the same are hereb;,' cancelled and voided; that the four persons who have filed proper ncminatL'1g petitions be declared candj.dates and nominees for the office of COIIunissioner to be voted on at the General Election November 3, 1959, that the Clerk of the Comrnissic'n be directed to issue certificates of norninaLion to the said candidates and that he be further directed to have the names of the aforesaid candidates placed on the ballot at the General Election to be held l.Jovember 3, 1959, and the motion was carded by the follolrTing Aye and No vote: those voting Aye being r.Ia;yor Erwin, Commissioner Swanson and ComrrJ_ssioner Berg; those voting No, none. Further Consideration - Protest - City's Order to Construct Sidewalk - Hilbur Smith The City Commiss:Lon, having given further consideration to the protest of Wilbur Smith against the order of the City requirine him to build sidewalks on streets abuU,ing his property on North 7th Avenue " and Short Street, instructed the City Manager to notify the owner regarding construction of this side- walk as follo1tfs: (a) Construction of sidewalk on the north side of Short Street may be deferred for one ;year but mllsL be constructed prior to the beginni.ng of school in September, 1960. (b) That pD.rt of the order pertaining to the construction of sidewalk on NO!,th 7th aL -. Sbort. Street 2nd on tho south side of Short Street, between 6th Avem,e and the alle;y, will remain wlchanged. Hearing -- Hesolution No. 956 -- Declaration of Intention to Vacate Streets and AlleJiE'i,n Centr::d Addition and Adjoining Areas Ovmed b;y Bozeman Dea.coness Hospital This was Ule time and place set for public llearing of Resolution Eo. 956. Affidavit of Publication of Notice, together with the Clerk's Certificate of .tv:ailing such notice to owners of record of a.ll properties in the affected areas, were presented. There were no written protests filed and no one wa.s present to protest. 115 The basis of the petition for vacating these streets and alleys was that right-of-vray for a new street, to be designated as part of' H:1.gh3a'd Boulevard, would be deeded to the Cit~T so that the proposed vacating of streets would leave no properties in the area "'Thich are owned by other than the Bozeman Deaconess Hospital without ingress and egress. A deed to right-of-way for such street has not :yet been furnished and further action in these proceedings was deferred until such time as the Bozeman Deaconess I Hospital Board does furnish an acceptable deed for such right-of-way. Dispose.l of Deposits from Septic Tanks The City Nanager reported on a conference with Hontana State Board of Health officials and, based on their recorrunendations, he recommended that owners of properties within the city limits of Bozeman which are not served by the City sewer s;ystem, or authorized employees of such o'dners, be authorized to dispose of the cleanings from septic tanks on such properties 'o;y depositing such material in the City's sewer system. After detailed discussion, it was moved by Commissioner ~>ranson, seconded bJi Commissioner Berg, that owners, or authorized emploJ7ees of O>'ITlers, of properties served bJ' septic tanks within the city limits be permitted to deposit cleanings from such tanks into the City's sewage s;ystern subj eet to the following conditions: (a) Disposition of such material will be under direct supervision of the Director of Public 'dorks and will be made at such points and in such manner as designated by him. (b) A permit must be secured from the office of the Clerk of the Commission for each load or fraction thereof of such cleaning to be dumped into the sewer. (c) Load of a truck-mounted tank of not to exceed 1,000 gallons 1trill be considered a I normal load. (d) The permit fee shall be $2.00 per load. The motion was carried by the following Aye and No vote: those voting Aye being Hayor Erwin, Commissioner S"ranson and Conunissioner Berg; those voting No, none. Reports The following reports for the month of July, 1959 were presented: Cemetery Director of Public Service Director of Public Service Cutting discussed his report in detail and pointed out information v"rhich can be gained by the Commission from it regarding operations of the City. It was moved by Cormnissioner Berg, seconded by Commissioner Swanson, that the reports be accepted and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Mayor E~Nin, Commissioner Swanson '1\ and Corrunissioner Berg; those voting No, none. Proposed auIes and Regulations -- police Department City Hanager Henderson presented proposed "Hules and Regulations Governing Operations of the police Department" of this City which has been written to revise and bring up to date those lIflules and Eegulations governing the Department of Public Safety", including the Police Department, which were I adopted on November 13, 1942 and have not since been revised or amended. Copies of the proposed new Rules and Regulations l.oJere furnished to members of the Comrnission and action on them Has deferred until the next regular meeting to give additional time for study of them. Approval of Applicationf:. for Building Permits in Hyalite Subdivision Duilding Inspector Roy Smart presented a ground plat showing proposed location of tr1irty (30) single family dwellings for which he has received tentntive application for building permits, these dwellings to be located in the newly platted Hyalite Vi~l Subdivision. 2uestions were raised rega.rding requirements for off-street parking. It was moved by Corrunissioner Berg, seconded by Co~nission S~ranson, 116 that, it having been determined that the proposed residences \dll meet the requirements of the Zoning Ordinances of this City and the intent of Ordinance No. 813 as to requirement of off-street parking, the Building Inspector be and is hereby authorized to issue building permits tn accordance vrith the plans for Lhese residences which have been presented to him and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Corrunissioner Berg; those voting No, none. Proposed Traffic L:Lght Installations -- Intersections of Main Street v'rLth 7th and 8th Avenues I City Nanager Henderson reported on a conference in Helena on August 13th between himself, City Engineer Liquin and representatives of U. S. Bureau of Public Roads. From that conference l.t again appears possible to secure state and federal ;odd on the proposed traffic signal installation. Action regciI'ding such installation was deferred av.iaiting further word from t:.he Bureau of Public Hoads through Lhe Montana Highl'1iay Department:.. Pa.etur:inr; Horses Inside the City Limits City Nanager Henderson reported a growing number of inquiries and complaints regarding pasturing of horses within the eHy limits. It was the opinion of the Commission that the situation can hest be handled as individual cases and that any action on special regulations should be deferred until and unless the situation becomes more serious. Approval of Plat and Acceptance of Deed -- Spring Dell Addition of the City of I:iozema.n R. J. Rickabaugh appeared before the Corrunission and presented a plat of Spring Dell Addition to the City of Bozerrnn. He A.lso presented a deed to Lots 1, 2 and 3 of Block 2 of said Spring Dell Addition, these lots to be deeded to the City in lieu of the Ol-mers of the property dedicating area within the . addition for park and playgrotL'1d :purposes. He also presented an option agreement under which he would be permitted t.o repurchase t:.hese lots within a two ;year period at a price of $782.60 per lot plus any I additiom.l cost Hhich the Cit:l might incur against these lots betv.reen the date of their acquisition fwd the date of resale. There was also presented a written opinion from City Attorney Lovelace that, from his examination oj' the abstract of title, he considers that R. J. Ricktlbaugh and 'dife and Roland G. Scherer, platters of said addition, hnve good and merchantable title to the land therein. The plat conLained a Certificate of App:cov;;.l for ::,..igna.tlJre of the Na;;ror and Cit;r Commissioners approving the same as an addition to the City of Bozeman under provisions of Section 11-401, R. C. N., 1947. The owners of the cround in the proposed Spring Dell Addition having complied with all require- ments and reco!!unemlatiull::> o.~ the Cit;/-CounL;y Planning Board and of the City of Bozeman, it VIas moved b;y CO!!l'1lisSlcLel' 3erg, seconded by Corwnissioner Swanson, t.hat the plat be accepted and approved, the Eayor and City CCll1P.lissioners be authol'ized to sign a certificate of such approval And that the D:irector of' Pu_blic Service be authorized to sien a certificate O.r approval and the motion was carried b~' the following Aye and Uo vote: those voti.ng Aye being Ea;yor Er"-'in, Commissioner Swanson and Commissioner Berg; those voting No, none. Lease -- Parking Lot -- Security Building, Inc. As directed, t.he Cit;y Attorney has prepared a lease betv-.reen Securit;y Building, Inc. and the Cit:,' l of noz.oman on Lots 29 - 32 and the East 3.5 ft. of Lot 33, Block "C", Original Townsite, this being the rlarking lot. on Dabcock Street on House and Bozeman Avenue. It was moved b;y' Cornmissioner Swanson, seconded by Corwnissioner Berg, that the Ma;yor and Clerk be authorized tc sj-en the lease for Ule City of Boz eman and the motion was carried b;y the following Aile and No vote: those voting Aye being Ea.yor Erwin, Commissioner Swanson and Commissioner Derg; those voting No, none. Hequesi.:. for Special Use -- Bogert Park 117 Hritten request was presented by the \ifomen of the Noose that they be permitted to use the facilities of Bogert Park in which to hold a Hamburger Fry on August 28, 1959. The request stated that this is to be a "Fund Raising Event" and that tickets to it will be sold. It was moved by Corrmissioner Swanson, seconded by Commissioner Berg, that the request be granted and the motion was carried by the following Aye and No vote: those voting Aye being Eayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. I Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being rlayor Erwin, Commissioner Swanson and Commissioner Ber'g; those voting No, none. ~ .~ ' ~ ......~ , d,., ,"1' Y-...-L(- / too -"...... ...,~,---_/"- r Mayor / ATTEST: ~ .. \' Cle~ a:{1iffc-;~n I. . . 'I",f,', ,..- .