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HomeMy WebLinkAbout1959-07-15 96 Bozeman, Montana July 15, 1959 The commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, July 15, 1959 at 1:00 o'clock P. M. Present were Mayor Erwin, Commissioner Swanson, Commissioner Berg, City Manager Henderson, City Attorney Lovelace and the Clerk. The follow- ing proceedings were had: (Reading of the minutes of the previous meeting deferred until later in the minutes) I Resolution No. 952 - S. I. D. No. 412 This was the time and place set for public hearing on Resolution No. 952. Affidavit of Publica- tion of the Notice, together with the Clerk's Certificate of Mailing of such Notice to owners of all properties in the district, were presented. Protest was presented from one owner of property representing 3.83% of the total property in the district. It was moved by Corrunissioner Swanson, seconded by Commissioner Berg, that the protest be declared insufficient and that the City Attorney be instructed to prepare a resolution creating the proposed ' . district No. 412 and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, commissioner Swanson and Commissioner Berg; those voting No, none. Hesolution No. 953 - S. I. D. No. 413 This was the time and place set for public hearing on Resolution No. 953. Affidavit of Publica- tion of the Notice, together with the Clerk's Certificate of Mailing of such Notice to owners of all properties in the district, were presented. Also presented were petitions of protest representing 40.06% of property in the proposed district and written requests for protest to be withdrawn from the above total amounting to 1.3% of the area leaving net protests representing 38.76% of the area. I Approximately twenty persons were present and all who so desired were given an opportunity to be heard. In view of the large percentage of protests represented and to insure that every interested owner was given full and impartial consideration, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that this hearing be adjourned until 1:00 P. M. on July 22, 1959 to give all persons adequate opportunity to satisfy themselves that proper consideration has been given to all protests and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Proposal to Vacate Streets and Alle;ys in Central, Prospect Hill, Highland and Valley View Additions to the City of Bozeman The City Attorney, as instructed, had prepared Resolution No. 956 entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTEN- TION OF SAID CO~1ISSION TO VACATE PORTIONS OF EAST COLLEGE STREET, EAST HARRISON STREET, EAST CLEVELAND STREET, EAST ARTHUR STREET, EAST GARFIELD STREET', BUTTOmvOOD A VENUE, HIGHLAND AVENUE, CYPRUS AVENUE SOUTH, McADOW AVENUE SOUTH, AND PROSPECT PLACE AND ALL ALLEYS BETIIJEEN SAID STREETS AND AVENUES, ALL IN PROSPECT HILL ADDITION TO THE CITY OF BOZEMAN, PORTIONS OF BUTTONWOOD AVENUE, CYPRUS AVENUE SOUTH, McADOW AVENUE SOUTH, EAST LINCOLN STREET, EAST GARFIELD STREET, EAST HAYES STREET, EAST GRANT STREEt', JOHNSON PLACE AND ALL ALLEYS BETWEEN SAID STREEI'S AND AVENUES ALL IN VALLEY VIEW ADDITION TO THE CITY OF BOZEMAN, PORTIONS OF EAST GARFIELD STREET, EAST HAYES STREET, EAST GRANT STREET, BUTTONVfOOD AVENUE, HIGHLAND AVENUE, CYPRUS AVENUE SOUTH, AND ALL ALLEYS BETWEEN SAID STREETS AND AVENUES, ALL IN HIGHLAND ADDITION TO THE CITY OF BOZEMAN, I AND PORTIONS OF EAST COLLffiE STREET, EAST HARRISON STREET, EAST CLEVELAND STREEr, EAST ARTHUR STREET, EAST GARFIELD STREEI', EAST HAYES STREEI', EAST GRANT STREET, JOHNSON PLACE, EAST LINCOLN STREET, AYLSWORTH AVENUE, SWITZLER AVENUE, ELECTRIC AVENUE, PROSPECT PLACE AND ALL ALLEYS BETWEEN SAID STREETS AND AVENUES, ALL IN CENTRAL ADDITION TO THE CITY OF BOZEMAN Vialter Mecklenburg, President of the Bozeman Deaconess Hospital Board and J. H. Morrow, Counsel for said Board, and H. A. Bolinger, Jr., Counsel for Edmund Burke, Jr., were present to be heard on the above proposed resolution. Mr. Bolinger contended that the proposal of the Bozeman Deaconess Hospital Board would c~eate damage and loss of value to building sites owned by his client in the area. After extended discussion, action on this matter was deferred until agreement can be reached 97 between Mr. Burke and the Hospital Board as to location of streets to serve properties owned by Mr. Burke. Tax Levy for Cit;,{-County Planning Board The County Commissioners of Gallatin County met with the City Commission to discuss the matter of tax levy to provide funds for the City-County Planning Board. That Board has recommended a budget I for 1959-60 of $3,500.00. It was agreed between the County Commissioners and the City Commission that the proper way to handle operations of the Planning Board and its finances would be for the County Commissioners to make a lump sum payment to the City and the City would operate the budget of the Board. The County Commissioners stated that they are levying a. tax of 0.5 mill against property within the jurisdictional area of the City-County Planning Board but outside the City of Bozeman. They further reported that 0.5 mill levy is estimated to provide approximately $600.00 of income. The City-County Planning Board has recommended a budget of $3,500.00 for the current fiscal year. The City Commission agreed that it will levy on properties within the City in a sufficient amount to provide the balance .'. of the budget recommended by the Planning Board. ) Resolution No. 954 - Create S. I. D. No. 412 - Paving on Hest Beall Street , As instructed by the City Commission the City Attorney has prepared the resolution creating S. I. D. No. 412. Resolution No. 954 was presented, entitled: A RESOLUTION OF THE CITY COMNISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOviN AS SPECIAL IMPROVEMENT DISTRICT NO. 412 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON WEST BEALL STREEr FROM NORTH FIFTH AVENUE TO NORTH SEVENTH AVENUE IN SAID CITY It was moved by Commissioner Berg, seconded by Commissioner Swanson, that this resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor I Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Sidewalks -- Short Street, 6th to 7th -- To Provide School Crossing The situation as to school crossings on North 7th Avenue was reviewed. It has been recommended by the Chief of Police that, since sidewalks are being completed on both sides of 7th Avenue as far north as Durston Road, it would be advantageous to discontinue existing school crossings and have one such crossing only at the intersection of 7th Avenue and Short Street. To accomplish this, it will be neces- sary to build sidewalks on Short Street between 6th and 7th Avenues. It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the City Manager be instructed to order sidewalks to be built on both sides of Short street between 6th and 7th Avenues and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. FBI National Academy - Authority for Police Sergeant Cutting to Attend Invitation was presented from J. E. Hoover, Director of FBI, for Sergeant C. R. Cutting to attend the Sixty-fourth Session of the FBI National Academy beginning on August 17, 1959 and continuing for twelve weeks. This matter has been previously discussed and application of Sergeant Cutting to attend the I school was given tentative approval. This school is held in Washington, D. C. and the City Manager reported that funds have been set up in the tentative budget for 1959-60 to defray expense incurred in attendance by an officer from this City. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that Sergeant C. R. Cutting be granted leave of absence with pay to attend this school and that his actual expense for such attendance, to include transportation, school fees and living expenses, be paid from the General Fund and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. ns Tentative Budget - 1959-60 The City Manager presented a proposed budget covering operations of the City for fiscal year .t~ 1959-60. After detailed consideration of this budget, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that this Budget be given tentative approval, that it be made the basis of the I annual appropriation ordinance' and that such ordinance be prepared and presented at the next regular meeting of the City Commission at which time a date for public hearing will be set on the budget and I' the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Bond - 1;J. D. Howells - Misc. 'v'Jalk and Curb Contract 1959 Performance bond for 'v'i. D. Howells furnished by the U. S. F. & G. Co., as required by Mr. Howells' contract for construction of miscellaneous walks and curbs during 1959, was presented. The bond was approved as to form by the City Attorney. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the bond be approved and accepted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Special Hequest for Building Permit - H. G. Simkins R. G. Simkins is the owner of the East 60 ft. of Lots 13, 14, 15 and 16, Block 18, Butte Addition of the City of Bozeman. Before he purchased this property and several times subsequent thereto, Mr. Simkins has checked with City officials to be sure that he oould build a residence on this property which would meet all building and zoning requirements of this City. Emergency Ordinanoe No. 813, passed on June 24, 1959, amending the Zoning Ordinanoe, placing further restriotions in the zone where this property is located, would make it impossible for a residence to be constructed thereon. In view of I the fact that to refuse a permit to build a residence which would meet the requirements of the existing ordinances prior to the passage of Ordinance No. 813 would impose unwarranted hardship and cause undue financial loss to the owner, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that, upon submission of an applioation in proper form for permit to build a residence on this property which would meet all requirements of ordinances existing prior to June 24, 1959, the Building Inspector be, and is hereby, authorized to grant such a permit and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Preliminary Application for Building Permit - Parkwa;y Grocery, 9th f.-r. College Street Owners of the Parkway Grocery at the corner of 9th Avenue and College Street have for a consider- able time been developing plans for construction of a new store building on their property. Their architect ohecked with the Building Inspector and other City Officials on frequent occasions to be sure that the plans being developed comply with all city regulations. Emergency Ordinance No. 813 which was passed on June 24, 1959 places further requirements as to off-street parking in the zone where this building is to be located and the plans, as presented, would not meet these requirements if the building were oonstructed in accordance with them. It was pointed out that to refuse a permit for construction I of the proposed building would impose unreasonable hardship and cause undue loss to the owners. It was m~ed by Commissioner Berg, seconded by Commissioner Swanson, that the Building Inspector be, and is hereby, authorized to issue a permit for the construction of the above described store building in acoordance with plans presented but subject to the following conditions. 1 ~ The building permit will be for a"new structure 50 ft. wide by 60 ft. long and will not include any provision for future expansion. 2 = Immediately upon occupancy of the proposed new building, the store building on 9!} these premises now occupied by this firm will be torn down or removed from the premises. 3 = The residence building now located on the north 50 ft. of the property (Lots 11-14 inclusive, Block 51, West Park Addition) will be removed from the premises within not to exceed seven months from the date of issue of the building permit and, when above described residence building is removed, I proper planting to provide adequate screening between this property and the abutting property on the north will be made. 4 = No permit for further building on these premises will be granted until the owners acquire additional ground on the north of the property they now own to provide additional off-street parking in the full amount required by Ordinance No. 813. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Request for Leave of Absence - police Chief Salmders - To Attend Military School police Chief C. V. Saunders is a Company Commander in the Montana National Guard. To furth er hi s military training and qualify him for promotion, he has been recommended for attendance at a four- months Army School at Fort Knox, Kentucky to begin in August, 1959. He has requested that he be granted leave of absence without pay to enable him to attend the school. After extended discussion, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that this request be granted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, I Commissioner Swanson ~~d Commissioner Berg; those voting No, none. Resolution of Intention to Create S. I. D. No. 414 - Sewers, C1ITbs and Paving in Hyalite View Subdivision As instructed by the City Commission, the City Attorney has prepared and presented Resolution No. 955 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEHAN DECLARING IT TO BE THE INTEN- TION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL D1PROVEMENT DISTRICT TO BE KNOtJN AS SPECIAL IMPROVEMENT DISTRICT NO. 414 FOR THE PURPOSE OF CONSTRUCTING A.l'm INSTALLING AN OXIDATION POND FOR THE TREATMENT OF RATti SEI'lAGE, SAID PROJECT TO INCLUDE ALL APPURTENANT VJORK; FOR THE CONSTRUCTION OF A SEWERAGE SYSTEM TO PROVIDE SANITA.11.Y SEWERS FOR ALL LOTS 1;UTHIN THE DISTRICT 'dITH THE EXCEPTION OF LOT ONE (1) IN BLOCK THIRTEEN (13) AND LOT ONE (1) IN BLOCK FOURTEEN (14), SAID PROJECT TO INCLUDE ALL NECESSARY PIPE, }1ANHOLES AND OTHER APPURTENAlJCES; AND FOR THE PURPOSE OF CONSTRUCTllJG AND INSTALLING A PAVEMENT PRO- JECT ON HIGHLAND BOULEVARD FROM MOUNTAIN VJ:E1I'I BOULEVARD TO THE NORTH BOUNDARY OF THE NEi1 HYALITE VIE\J SUBDIVISION, CHERRY DRIVE FROM HIGHLAND BOULEVARD TO AND INCLUDING THE CUL-DE-SAC IN BLOCK FIFTEEN (15) OF SAID SUBDIVISION, SOUTH SPRUCE DRIVE FROM HIGHLAND BOULEVARD TO NORTH SPRUCE DRIVE, NORTH SPRUCE DRIVE FROM HIGHLAND BOULEVARD TO SOUTH SPRUCE DRIVE, SOUTH CEDARVIEI'l DRIVE FROM HIGHLAND BOULEVARD TO N01lTH CEDARVIE;v DRIVE, NORTH CEDARVIEVi DRIVE FROM HIGHLAND BOULEVARD TO SOUTH CEDARVIEIII DRIVE, SOUTH PTIJECREST DRIVE FROM HIGHLAND BOULEVARD TO NORTH PINECREST DRIVE, NORTH PINECREST DUIVE FROM HIGHLAND BOULEVARD TO SOUTH PINECREST DRIVE, HOLLY DRIVE FROM HIGHLAND BOULEVARD TO CHERRY DRIVE, ASH DRIVE FROM HOLLY DRIVE TO AND INCLUDING THE CUL-DE-SAC IN BLOCK SIXTEEN (16) OF THE NEW HYALITE Vml SUBDIVISION OF THE CITY OF BOZEMAN, MONTANA, SAID PAVEMENT PROJECT TO INCLUDE COMBTIJATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, AND OTHER HORK INCIDENTAL THERETO. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the resolution be passed I and adopted and that Wednesday, August 5, 1959, be set as the date for hearing on said resolution and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Heport The report of the Water Collector for the month of June, 1959 was presented. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the report be accepted and filed and the , motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Due to Emergency Call, Commissioner Berg requested that he be excused from the meeting at this time and his request was granted. 100 ... Minutes of the last regular session held July 8, 1959 were read by title and reviewed. It was 't Ji ,,' moved by Mayor Erwin, seconded by Commissioner Swanson, that the minutes be approved as read and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin and Commissioner Swanson; those voting No, none. Adjournment There being no further business to corne before the Commission at this time, it was moved by Commissioner Swanson, seconded by Mayor Erwin, that the meeting adjourn and the motion was carried by I the following Aye and No vote: those voting Aye being Mayor Erwin and Commissioner Swanson; those voting No, none. ~~L- ( --... Mayor ATTEST: '.. ) .. ~ "'" ~ 4.-~/"~ Clerk f the City Commission I " ) ~ - I . i .#'