Loading...
HomeMy WebLinkAbout1959-12-02 172 Bozeman, Montana Deoember 2, 1959 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, Deoember 2, 1959 at 1:00 o'clook P.M. Present were Mayor Erwin, Commissioner Swanson, Commissioner Berg, City Manager Henderson, City Attorney Lovelace and the Clerk. The following proceedings were had: I Copies of the minutes of the last regular meeting held on November 25, 1959 having been furnished to eaoh member of the Commission and read in detail by them, it was moved by Commissioner Berg, seconded by Commissioner Swanson, that the minutes be approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Berg and Commissioner Swanson; those voting No, none. Estimates - Special Improvement Districts No's. 408 & 409 Estimate No.2 in the amount of $6,223.36 due the contractor for construction on SID No. 409 to November 30, 1959 and estimate No.1 in the amount ,Qi'--$J.3,5l2.03 due the contractor for construction on SID No. 408 to ~ovember 30, 1959, prepat'ed by Harold Hoskins & Associates, were placed before the Commission fpr acceptance. It was moved by Commissioner Swanson, seconded by Commissioner Berg, '/.xhat th.e _'es:t- imates be accepted by the City and the Mayor and the Clerk be authorized-to .a~gn for '.-.... .. the City 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 Estimate - Special Improvement District No. ~14 Estimate No.1 in the amount of $33,604.21 due the contractor for construction on SID No. 414 to November 30, 1959, prepared by John S. Bereman & Co., was placed before the Commission for approval and payment. As the proceeds of the sale of the bonds for Special Improvement District No. ~14 have not, as yet, been received by the Director of Finance, the Commission deemed it advisable to delay action on the matter until the next regular meeting, Dec. 9, 1959 . Bargain & Sale Deed - City Property on North Rouse to M. A. Shanholtzer During the regular meeting of the City Commission heLd October 21, 1959, the Commission approved the assignment to M. A. Shanholtzer of an option from the City to Bozeman Development Co. to purchase certain City property on North Rouse. Mr. Shanholtzer has now exercised this option and a Bargain & Sale deed from the City to M. A. Shanholtzer and Josephine M. ~hanholtzer, husband and wife, was placed before the Commission for proper signature and transfer of the following property: "The South Half (Si) of Lots Fifteen (15), Sixteen (16) and seven- teen (17~, in Block "F" of Rouse's (also known as Rouse's First I Addition Addition to Bozeman, Montana." It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the Mayor and the Clerk be authorized to sign the deed for the City and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commis- sioner Swanson and Commissioner Berg; those voting No, none. Waiver & Agreement - "Work Suspension" SID No. 408, Stanley H. Arkwright, Inc. During the regular meeting of the Commission held November 25, 1959, a "Work 173 Suspension" on SIn No. 408 was granted Haggerty-Messmer Co. subject to conditions included in the minutes of the aforesaid meeting. A "Waiver and Release"l as re- quested by the Commission setting forth the aforesaid conditions was presentea to the Commission and it was moved by Commissioner Swanson, seconded by Commissioner Berg, that the "Waiver and Releasen be accepted and the motion was carried by the I following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none. Reports The following reports were presented to the Commission for approval: Sewage Plant Uperator Librarian Fire Chief It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the reports be approved and filed and the motion was carried by the following Aye and No vo te : those voting Aye being Mayor ErWin, Commissioner Swanson and Commissioner Berg; those voting No, none. Claims for the Month Claim No's. 6615 to 6880 inclusive were presented on the various funds as follows: General $17,752.82 Street $ 6,867.81 Water 6,542.88 S.D.S. 2,720.07 Library 2,161.80 Park 2,583.02 Cemetery, 1,454.52 Band 20.00 Garbage 3,642.78 Parking .Meter 1,950.51 Police Reserve 572.60 Cemetery Suspense 50.00 Planning Board 63.YO P.E.R.S. 703.07 Cem. Perm. Care 50.00 P.C.P. 95 .92 SIn #408 13,987.49 SIn #409 6,491.39 I SIn #414 10,140.20 Total $77,849.88 The Manager stated that he has audited the foregoing claims and finds that, with the exception of a claim from Edsall Construction for $37.98, they are true and law- ful claims against the City of Bozeman and recommends that warrants be issued for the ir pa ymen t . He further recommended that, because the claim of Edsall Construction for splicing one street light cable appears to be excessive and unreasonable for the amount ot service rendered, it be disallowed and returned to the claimant tor adjust- ment. After examination of the claims in detail by the Commissioners and checking against the Claim Register, it was moved by Commissioner Swanson, seconded by COmmis- sioner Berg, that, with the exception of the Edsall Construction claim as herein mentioned, the claims be approved and warrants drawn for their 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. Purchase of Fluoridator and Chlorinator Parts. I W. R. Border, Water Superintendent, bas reported it advisable that the City carry an emergency supply of parts for fluoridating and chlorinating machines. Such a supply would cost apprOXimately $386.01 and City Manager Henderson recommended that - he be authorized to complete the purChase. It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the City Manager be and is hereby authorized to purchase the par~for the City 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. 17/1 Resolution No. 976 - Certifying Delinquent Taxes Resolution No. 967 certifying delinquent taxes in the amount of $9,174.72 to the County Treasurer was presented, entitled: COMMISSION RESOLUTION NO. 967 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALL~mNTS I OF SPECIAL ASSESSMENTS, DUE AND PAYABLE NOVEMBER 30TH, 1959, AND UNFAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE NOVEMBER 30TH, 1959, AND UNPAID, DELINQUENT, AS PROVIDED BY ORDINANCE NO. 59~, ENTITLED: "AN ORDINANCE PROVIDING FOR THE COLLECTION OF TAXES xx xxx xx, AND THE COLLECTION OF SPECIAL ASSESSMENTS, xxx xx "' AND SECTION 11-2233, POLITICAL CODE, R. C. M., 1947. It was moved by Commissioner SWanson, seoonded by Commissioner Berg, that the resolution 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. Abatement of Taxes The fOllowing applioations for tax abatement were presented: li!!l! Description Amoun t Purpose Charles Liquin 21 to 24, Blk. 18, W. Side $ 8.92 Misc. W &C G. C. Waite All in Blk F, o. T. 7.08 Snow G. C. Wa i te Strip in Blk. F., O.T. 7.08 Snow G. C. Waite 18-22, Blk A, Story's 20.65 Snow Charles M. Silverthorn 9 & 10, Blk. 4, Cap. H. 6.97 Garbage John W. Corder Block 4, Fairview 1.70 Garbage Rose A. Story 1 to 12, Blk. 42, Imes 23.12 Garbage Lee H. Williams Eiel), Blk 6, Bab. & Davis 1.70 Garbage Frank R. Harrington 14 & 15, Blk. D., Tracy's 1st. 29.07 Garbage I H. Dean Moore 15, Blk. 117, Nor. Pac. 13.60 Garbage Ross Downs si(6), all (7), Blk. 42, Imes 1.70 Garbage E. F. Cass Part Blk. A. ,Harpers 15.87 Garbage Hazel P. Smith Part 15 & 16, Blk. 42, Nor. Pac. 1.70 Garbage Harland D. Sohuttler 6 and Part of 7, Blk. E., Story's 6.97 Garbage Eddie M. Jorgensen Part Blk. E, Tracy's 3rd. 7.40 Garbage David F. DeLap Tr. 2, Blk 3, Bab. & Davis 4.95 Garbage Jennie M. Jeter Part 21 & 20, Blk. 4, Cap. Hill 29.07 Garbage Total $187.55 It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the applioations be approved and the Director of Finance be authorized to enter the tax abatements on the tax records, 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. Re-opening of Hearing Resolution of Intention No. 961 At the request of H. A. Bolinger, Jr., attorney for Mrs. Dorothy Burke, who owns twenty-three lots in the affected area, hearing on Resolution No. 961 was re-opened. Mr. Bolinger presented written protest for Mrs. Burke against closing streets and alleys as proposed 1n the said resolution. James H. Morrow, attorney for and C. V. Henderson, secretary of Bozeman Deaooness Hospital Board who were pet- I itioners for the proposed olosing of streets and alleys, were also present. After hearing all arguments for and against the proposal, representatives of the Deaconess Hospital Board were directed to prepare an aoceptable waiver and release under whioh that Board would hold the City of Bozeman free and harmLess from loss or damage to any lots in the area involved other than those owned by the said Bozeman Deaconess Hospital Board, which would accrue'or result from the proposed closing of streets and alleys. 175 This waiver and release was to be presented at the next regular meeting of the City Commission and further action on Resolution No. 961 was deferred until that date. Ordinances - Recodification Agreement, Book Publishing Co. As discussed at the last regular meeting, a proposed "Contract and Agreement" between this City and the Book Publishing Co., Seattle, Washington, for recodification I of City ordinances was presented and reviewed and it was moved by Commissioner Berg, seconded by Commissioner Swanson, that the Mayor and the Clerk sign the agreement for the City and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Berg and Commissioner Swanson; those voting No, none. Proposal to Hire Laurence Gerckens as Planning Consultant Reference is made to City Commission action on November 18, 1959 wherein Laurence C. Gerckens was ~ngaged as a Planning Consultant subject to concurrent approval by the County Commissioners of Gallatin County, the Bozeman City-County Planning Board and the Montana State Planning Board. Such approval has been received from the first two agencies but a letter has been received from C. O. Sowerwine, Jr., director of the Montana State Planning Board, questioning qualifications of Mr. Gerckens and setting forth conditions which would have to be met to secure approval of his Board for Mr. Gercken's employment. A proposed reply to Mr. Sowerwine was discussed in detail the principal point of which letter is here quoted as follows: "If this decision represents the official action of I the Montana State Planning Board, it is the considered opinion of the Mayor and City Commissioners of Bozeman that it is to the best interest of this City to with- draw its application made through your Board to the Housing and Home Finance Agency and to proceed in its planning and its hiring of a planning consultant on its own to the extent that is possible without the assistance for which application has been made through your office. tr The City Manager was instructed to send the letter. Zoning Ordinance - Proposed New Ordinance City Attorney Lovelace presented the proposed new Zoning Ordinance to the Commis- sion for review and comment. ~he Commission referred the ordinance to Oscar E. Cutting, secretary of the Bozeman City-County Planning Board, with a request that said Board review and make final reoommendations on it so that, if pOSSible, it can again be considered by the Commission for proviSional passage and adoption at its next reg- ular meeting on December 9, 1959 . Proposed Agreement for Sale of Petroleum Produots - Story Motor Supply A proposed agreement and contract for furnishing storage tanks and dispensing equipment and petroleum produots to the Cit~ by Story Motor Supply, Bozeman, Montana I was reviewed by the Commission. The matter was deferred for further study. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Berg, tha t 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. ~ ~ .;t; "- ATTEST: (;;~:r~ :;rff.1~ ty' C~~SS10n .. '''''''li;'- ~ ~- . -,~ / or I