HomeMy WebLinkAbout1959-06-24
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Bozeman, Montana
June 24, 1959
The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall
Building, Wednesday, June 24, 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
following proceedings were had:
Minutes of the last regular session of June 17th and of the special session of June 19th were I
read and it was moved by Commissioner Swanson, seconded by Commissioner Be~g, 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, Commissioner Swanson and Commissioner Berg; those voting No, none.
Protest - Cement Mixing Hachine at Kenyon-Noble Lumber Co.
The following citizens appeared before the Commission to protest extension past July 1, 1959 to
Kenyon-Noble Lumber Company for temporary permit to operate a concrete mixing plant in Block G of the
Original Townsite:
Dan Kilbride Mr. & Mrs. Carl W. Tucker
Mrs. Ellen Smart Mrs. Frank Chestnut
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They stated that, since the new lumber yard building is completed, the concrete mixing plant should
be moved out of this residential area. They were assured by the Commission that the operation of
concrete mixing plant at this location would be stopped as soon as possible. Mr. C. S. Kenyon and
Wm. V. Ogle of Kenyon-Noble Lumber Company were called to the meeting and informed that operation of
the concrete mixing plant at this location must cease as of July 1, 1959. They explained that lumber
is being unloaded on the vacant lots, sorted and then stored inside. It was explained to Mr. Kenyon
and Mr. Ogle that, because of pending revisions of the Zoning Ordinance now being studied by the City I
Commission, permission for a period of thirty days will be granted for unloading the lumber. They
were asked to clean up the area and to keep all material off property not owned by them and also to
present a plan showing proposed parking and any other use of Lots 13 to 18, of Block G, of the
Original Townsite.
Resolution No. 952 - Intention to Create S. I. D. 412
The City Attorney as instructed has prepared a resolution of intention to creat~ Special Improve-
ment District No. 412, paving of Beall Street from Fifth Avenue to Seventh Avenue. Resolution No. 952
was presented, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION
OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL
IMPROVEMENT DISTRICT NO. 412 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND
INSTALLING A PAVEMENT PROJECT ON WEST BEALL STREET FROM NORTH FIFTH AVENUE TO NORTH SEVENTH
A VENUE, SAID PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF COMBINATION CONCRETE
CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE
COURSE AND OTHER WORK INCIDENTAL THERETO.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the resolution be passed
and adopted and July 15, 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, Commissioner Swanson and Commissioner
Berg; those voting No, none. I
Heso1ution No. 953 -- Intention to Create S. I. D. 413
The City attorney as instructed has prepared a resolution of intention to create Special Improve-
ment District No. 413, storm sewer drainage in "Area C". Resolution No. 953 was presented, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION
TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 413
OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM
TO SERVE THE GENERAL AREA BETWEEN NORTH ROUSE AVENUE AND NORTH GRAND AVENUE EXTENDING FROM
EAST MENDENHALL STREET TO TAMARACK STREET, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY
PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER WORK INCIDENTAL THERETO.
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be passed,
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and adopted and July 15, 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, Commissioner Swanson and
Commissioner Berg; those voting No, none.
Head Gate for Irrigation Ditch Serving Ford Brown Property
It was explained that over-flow from the new South Side Reservoir empties into the irrigation
I ditch which serves the Ford Brown property, and during the irrigating season when overflow from the
City's water system is emptied into this irrigation ditch, it at times causes that ditch to overflow
with resultant damage to land and crops on the Brown ranch. A plan of a proposed, concrete, head
gate structure which would prevent such damage was presented.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the City Manager be
authorized to have this proposed new head gate constructed on a co-operative basis with Mr. Brown or
the tenant on his property, 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.
Rules & Regulations for Operation at City Dump
Copies of Rules & Regulations for the operation of the City Dump were presented. It was moved
by Commissioner Berg, seconded by Commissioner SWanson, that these Rules and Regulations be approved
and adopted 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.
Electrical Bond - Mannix Electric Co.
Electrical Contractor's Bond of Mannix Electric, Inc., was presented. The bond was approved as
to form by the City Attorney. It was moved by Commissioner Swanson, seconded by Commissioner Berg,
I that the bond be accepted and approved and the motion was carried by the follo~dng Aye and No vote:
those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Renewal of Lease for Radio Transmitter
Renewal of the Lease Agreement between Malcolm & Rose Story, the City of Bozeman and Gallatin
County for the location of the police-sheriff radio transmitter was presented. The lease was approved
as to form by the City.Attorney. It was moved by Commissioner SWanson, seconded by Commissioner
Berg, that the Mayor and the Clerk of the Commission be authorized to sign the lease for the City of
Bozeman 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.
Investments of Water Funds
Seventy thousand dollars of Water Fund investments will mature on July 23, 1959. It was moved
by Commissioner Berg, seconded by Commissioner Swanson, that the Director of Finance be authorized to
re-invest these funds in government securities of not more than one-year maturity 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.
Report
I Report of the Director of Finance for the month of May, 1959 was presented. It was moved by
Commissioner Berg, seconded by Commissioner Swanson, that the report be accepted and ordered 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.
Claim to Reimburse Street Fund
A claim of the Street Fund in the amount of $4,200.00 against the Water Department and the Sewer
Department for a proportionate share of Street Fund General and Administrative costs was presented.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the claim be approved and
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a warrant issued for its payment 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.
Hourly Wage Scale for 1959-1960
Union representatives of hourly employees of the City of Bozeman have requested an increase of
25i per hour for these employees. At a meeting of city employees and city officials on June 22, 1959,
city employees were informed that an increase of 10i per hour could be financed by the City and still I
keep the same number of men employed full time.
On June 24, 1959, a communication from Union representatives was read, making a counter-proposal of
a request for l5i per hour wage increase.
After consideration, the City Commission stated they would accept this counter proposal, but the
right is reserved at any time to reduce the number of employees, or the number of working hours per
week, without infringing upon the rights of any employee.
Ordinance No. 813 -- Amendment to Zoning Ordinance
The City Attorney has prepared an amendment to the Zoning Ordinance as recommended and discussed by
the City Commission. Ordinance No. 813, was presented, entitled:
AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NUMBER 776 OF THE CITY OF BOZEMAN, THE SHORT
TITLE OF l,VlUCH IS "THE ZONING ORDINANCE", AS THE SAME WAS AMENDED BY ORDINANCE NUMBERS 787
AND 792,~ SO AS TO INCLUDE THEREIN DEFINITIONS OF "ALLEY", "AUTOMOBILE TRAILER, TRAILER COURT
OR TRAILER", "FRINGE ZONING AREAS", "GASOLINE AND OIL STATIONS", AND "TRANSITION ZONING
AREAS"; AMENDING SECTION XV OF SAID ORDINANCE NUMBER 776 SO AS TO PROVIDE FOR THE CREATION
AND ESTABLISHMENT OF AN "AA" RESIDENCE DISTRICT AND FOR THE USE RESTRICTIONS THEREIN: AMEND-
ING SECTION ll, SUBSECTIONS A, B, C AND D, SO AS TO PROVIDE MINIMUM LOT AREA REQUIREMENTS
AND MINIMUM LIVING SPACE AND HEIGHT OF BUILDING REQUIREMENTS FOR "A", "B", "C" AND "D"
RESIDENCE DISTRICTS; AMENDING SECTION XV OF SAID ORDINANCE NUMBER 776 SO AS TO PROVIDE FOR
THE CREATION AND ESTABLISHMENT OF TRANSITION ZONING AREAS AND FRINGE ZONING AREAS AND FOR USE
AND CONSTRUCTION RESTRICTIONS THEREIN; AMENDING SECTION XVI OF SAID ORDINANCE NUMBER 776 SO
AS TO PROVIDE FOR ADDITIONAL OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS, FOR REGULA-
TION OF THE LOCATION AND USE OF AUTOMOBILE TRAILERS, TRAILER COACHES AND TRAILERS, FOR MINI- I
MUM INTERSECTION VISIBILITY REQUIREMENTS AND FOR REGULATION OF TEMPORARY STRUCTURES.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the Ordinance be passed
and adopted 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.
Purchase - Montana Flour Nills Water and Ditch Rights
Quit Claim Deed from the Montana Flour Mills Company to the City of Bozeman covering all of their
right to 800 inches of the water of Bozeman Creek and to the McAdow Ditch or Mill Ditch, also referred
to as the Bozeman Creek Ditch, and to that ditch referred to as the story Mill Ditch, was presented
together with a claim from the Montana Flour Mills Company in the amount of $500.00. It was moved
by Commissioner Swanson, seconded by Commissioner Berg, that the deed be accepted and approved and
that the claim be approved and that the Clerk of the Commission be directed to issue a warrant in
payment thereof 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.
Appointments: Clerk of the Conunission and Administrative Assistant to City Manager
Because of the constantly increasing work load on city offices, the City Manager recommended that
L. G. Shadoan be relieved from his appointment and duties as Clerk of the City Commission to enable I
him to devote his full time to his duties as Director of Finance.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that Clinton K. Wilson,
who has held the position of City Storekeeper for the past year, be appointed Clerk of the Commission .
effective July 1, 1959 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.
The City Manager announced the appointment of Clinton K. Wilson to be, in addition to his duties
as Clerk of the City Commission, the Assistant to the Director of Finance
Oscar E. Cutting has, for the past four years, been employed in the offices of this City, doing
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payroll and other accounting, statistical and research work. The City Manager announced the '- '
appointment of Mr. Cutting to be the Administrative Assistant to the City Manager effective July 1,
1959. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the appointment by
the City Manager of Oscar E. Cutting to be Administrative Assistant to the City Manager and Clinton
K. Wilson to be the Assistant to the Director of Finance, both appointments to be effective as of
July 1, 1959, be approved and the motion was carried by the following Aye and No vote: those voting
I Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
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 Mayor Erwin, Commissioner Swanson
and Commissioner Berg; those voting No, none.
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ATTEST:
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Cl rk of the City Commission
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