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Home My WebLink About1959-10-14 tt7 Bozeman, Montana October 14, 1959 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, October 14th, 1959 at 1:00 o'clock P.M. Present were Mayor Erwin, Commissioner Swanson, Commissioner Berg, City Manager Henderson, City .1 Attorney Lovelace and the Clerk. The following Proceed~a were had: Copies of these minutes of the last regular meeting, held on October 7, 1959, having been furnished to each member of the Commission and read in detail by them, it was moved by Commissioner Swanson, seconded by Commissioner Berg, that they be approved 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. Hearing - Vacating of Fzisting Alleys in Blocks 5 & 6 Werre Rearrangement - This was the time and place set for hearing protests to vacating existing alleys in Blocks five and six of Werre Rearrangement of blocks three, four, five, six and the west portion of blocks two and seven of West Side Addition to Bozeman, Montana. Affidavit of Publication of Notice was presented together with signed acknowledge- ment of "Service of Notice" from owners of all abutting property. There was no one present to protest and, no protests having been filed, the City Attorney was instructed to prepare an Ordinance vacating said alleys. Ordinance No. 816 - Vacating Alleys in Blocks 5 ~ 6 Werre Rearrangement The City Attorney, as instructed, has prepared an ordinance vacating existing I alleys in Blocks 5 and 6 of Werre Rearrangement to the City of Bozeman. Ordinance No 816 was presented, en ti tled: AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, VACATING EXISTING ALLEYS IN BLOCKS FIVE (5) AND SIX (6) OF WERRE REARRANGEMENT OF BLOCKS THREE, FOUR, FIVE, SIX AND T!m WEST PORTION OF BLOCKS TWO AND SE\~N OF WEST SIDE ADDITION TO BOZEMAN, MONTANA It was moved by CommiSSioner Swanson, seconded by Commissioner Berg, 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 j those voting No, none. Hearing - Vacating r-ortions of Streets, Avenues ami Alleys Adjoining and Abutting Property Owned by Bozeman Deaconess Hospital This was the time and place set for hearing protests to vacating portions of streets, avenues and alleys as set forth in Commission Resolution No. 961 passed and adopted by the City Commission on Sept. 23rd, 1959. Affidavit of Publication of Notice was presented together with signed acknowledgements of service, Sheriffs' . returns of notices, and the City Manager's affidavit of mailing to owners of pro- pertyabutting the streets and alleys proposed to be vacated. 'l'here was no one I present to protest, and no protests having been filed, the City Attorney was instructed to prepare an ordinance vacating said streets, aVenues and alleys. Sale of Special Improvement District Bonds No. 414 This was the time and place set for sale of bonds of Special Improvement District No. 414. Affidavit of publication of "Notice of Sale" was presented. No written bids having been submitted and, upon call for bidders by the Mayor, no one appeared to qualify as a bidder on these bonds; therefore, fUrther action by the 148 Commission on the sale was deferred. Transfer of Option to Purchase - City Lot on North Rouse M. A. Shanholtzer appeared before the Commission to request approval of transfer to him of an option ~ranted to the Bozeman Development Company on May 1, 1959 to purchase city-owned property abutting North Rouse Avenue between Main and Mendenhall Streets. Action on the request was deferred pending further investigation on the I. matter. Phillips "66" - Sign on Main Street at Broadway Harold Nelson, representing Phillips Petroleum Company, appeared before the Commission to request that his company be permitted to erect a pedestal type display sign at their service station at Main Street and Broadway. The exact location of the sign to be in the presently unused portion of Main Street in front of their property and approximately ten feet out in this street area from their property line. Reason offered for the request was that, if the sign is erected on their own property, view . of it will be partially obstructed by siens on ne~ghboring property. After full consideration of existing circumstances, the request was denied. Cold-Mix Material for Winter Repair of Streets - Purchase Haggerty-Messmer Co. have offered to furnish the City 150 tons of cold, plant- mixed asphalt paving material for winter use in emergency pavement patching at a total cost of $812.00 delivered to stockpile in the City's yard. The City Manager recommended that this offer be accepted. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the purchase of the paving material herein described be approved and I authorized and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Berg and Commissioner Swansonj those voting No, none. Ralph's Food Store Sign - Permit Written request was presented from Electrical Products Consolidated, Billings, Montana, for a waiver to be granted of the portion of Ordinance No. 786 relative to maximum height of "Ground Signs" as it would apply to a replacement sign proposed to be erected at Ralph's Food Store on North 7th Avenue. The proposed sign would be erected entirely on the owner's property and would be twenty-six feet high. It waS moved by Commisioner Berg, seconded by Commissioner Swanson, tha t , subject to the proposed sign being erected to meet all other requirements of Ordinance No. 786, the requested waiver be granted to permit this sign to be twenty-six feet high and the motior was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Berg and Commissioner Swansonj those voting No, none. Cemetery llermanent Care Funds - Investment of Surplus Director of Finance L. G. Shadoan r,commends that $1,200.00 of Cemetery Permanent I Care Funds be invested in the 1959 issue of Walk & Curb Warrants. It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the Director of Finance be and is hereby authorized to make this recommended investment of Cemetery Permanent Care funds and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Berg and Commissioner Swansonj those voting No, none. 1 it!} Claims - Approval of Claim Nos. 6263 to 6266 inclue...-.E:I were .l.rese.nted on the various funds AS follows: Street $ 182.50 Water 318.62 S.D.S 19.50 Park 12.06 Cemetery 20.78 Garbage 141.48 Parking Meter 889.20 .. Cemetery Perm. Care 1,200.00 Total $2,763.36 The Manager stated that he has audited these claims and finds them to be true and lawfl11 clAims against the City of Bozeman and recommends that warrants be issued for the i r pa ~yYnen t . After examination of the claims in detail by the Commissioners and checking against the Claim Register, it was moved by Commissioner Swanson, seconded by Commissioner Berg, that 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 . Hayor ErWin, Commissioner Swanson and Commissioner Berg; those voting No, none. Ad j ournmen t The matter of the sale of the bonds of Special Improvement District No. 414 being still unsettled, and it having been considered that additional information should be secured on this matter, before final action is taken regarding it, it was moved by Commissioner Swanson, seconded by Commissioner Borg, that this meeting be adjourned to 8:00 o'clock P.M., October 16th, 1959 and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner I Bere; those voting No, none. Meeting Reconvened The regular meeting of October 14th, having been adjourned until this date, that meeting was resumed in the Commission Room, City Hall OUilding, Friday, October 16th, 1959 at 8:00 o'clock P.M. ~resent were Mayor ErWin, Commissioner Swanson, Commissioner Berg, City Manager Henderson, City Attorney Lovelace and the Clerk. '1'he Following proceedings were had: Sale - Bonds of Special Improvement District No. 414 - - - The sale of bonds of Special Improvement District No. 414 having been carried - - - - - over from the regular meeting of October 14th, - the sale was reapend at this time. --- The following persons appeared before the Commission in interest of the sale: Sam Kaisler, Edward Chauner, R. I. Diefenderfer, R. T. Smith and Charles A. McIntyre. After extended discussion and after he had posted the required bid security in the amount of $16,500.00, R. T. Smith representing B. & E. Co., Inc. , presented an oral . bid to purchase the bonds of Special Improvement District No. 414 in the approximate amount of $330,000.00 at par with interest at the rate of 6% per annum. '1'here being no other bids offered and this bid meeting all requirements of the sale, it was moved by Commissioner Swanson, seconded by Commissioner Berg, that the bid be accepted and the motion was carried by the following Aye and No vote: those voting ~ye being Mayor ErWin, Commissioner Swanson and Commissioner Berg; those voting No, none. Bond & Contract - SID No. 414. Bond and contract of Stanley H. Arkwright, Inc. for construction of Special 1;)0 Improvement District No. 414 was presented. The bond and contract were approved as to form by City Attorney Lovelace and it was moved by Commissioner Berg, seconded by Commissioner Swanson, that the Mayor and the Clerk of the Commission be authorized to sign the contract for the City of Bozeman and the motion was carried by the followR ing Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Corom,issioner Berg; those voting No, none. I. Proposed Sub-Contract - S.I.D. No. 414 A copy of a subRcontract between Stanley H. Arkwright, Inc. of Billings, Montana - " and Utility Builders Inc. of Great Falls, Montana was presented. This sub-contract provides that Utility Builders Inc. will do storm sewer, sanitary sewer and sewage stabilization lagoon work as a s1tb-contractor on the contract awarded Stanley H. Arkwright, Inc. for construction in 3. I. D. No. 414 at a total cost of *80,094.00. It was moved by Commissioner rl,erg, seconded by Commissioner Swanson, that this sub- .. contract be approved and that the City Manager be instructed to inform the contracting parties of such approval 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. 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 was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting I..~ No, none. /- ~~: , /,: .'~ I /1 ".. ,'"~.'..., _ .,.., j- ",~_~-6t('A' ATTEST: ~ - ,~ ?1b~~~/ C e k of the City Commission _ n I