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HomeMy WebLinkAbout1955-09-07 I'J I , Bozeman.. Montana September 7, 1955 The Commission of the City of Bozeman met in reguler session in the Commission Room, City Hall Building.. Wednesday afternoon, September 7, 1956 at 1:00 o'clock P. M. Present were Mayor Lowe, Commissioner Erwin, Commissioner Swanson.. City Manager Henderson. City Attorney Lovelace and the Clerk. when the following proceedings were had: .. I Minutes of the last regular session were read, and it was moved by Commissioner Swanson, seconded by Commissioner Erwin, that these minutes be approved as read, and the motion was carried by the following Aye and No vote: those voting; Aye being Mayor Lowe. Commissioner Erwin, Commissioner Swanson; those voting No, none. Investment of Cemetery Permanent Care Funds ~2,OOO.OO of U. S. Bonds, Series G, owned by the Cemetery Permanent Care Fund, mature this month and an additional $3,000.00 in cash in that fund is available for investment. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the Director of }i'inance be authorized to invest this total of $5,000.00 in U. S. Bonds, Series K, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Co~~issioner Swanson; those voting No, none. Claims for the Month Claims Nos. 3057 to 3366 inclusive were presented on the various funds as follows: General $13,592.93 Street 8,915.36 Water 6,369.63 SDS Revenue 2,679.92 Library 1,679.25 Park 5,026.79 I Cemetery 3,331.37 Band 1,751.37 Garbage 2.893.85 Parking Meter 1,531.17 Pol ice Reserve 86.15 Cemetery Suspense 525.00 Cemy. Perm. Care 3,000.00 Airport 1.05 Total :jI;51, 383 .84 The Manag;er stated that he has audited these claims and finds them to be true and lawful claims against the City of Bozeman and recommends that warrants be drawn for their payment. After examinRtion of the claims in detail and checkine against the Claim Register by the City Commission, it was moved by Commissioner Swanson. seconded by Commissioner Erwin, that the claims be approved and warr~lts issued for their payment, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Zoning Violation LeA House 1218 South 6th Ave. Oswald Berg, Floyd Wood and Delbert Kincaid were present to discuss a problem relative to a brick wall extension on the south side of the house being constructed for the Lambda Chi Alpha Fraternity at 1218 South 6th Avenue. The west wall of the building;, which is of solid brick, has been extended to the south, four feet beyond the south wall, and ends within four feet from the property on the south I owne d by Mr. Wood. '!he wall in question is therefore considered to be located in violation of the zoning ordinance. Mr. Berg, Architect, contends that this wall extension is similar to an over-hang of a roof or side porch and that these extensions on buildings into the minimum yards areas set by the Zoning Ordinance have reg;ularly been permitted. Mr. Wood contends that the wall serves no useful purpose and that. if left in ~lace, it definitely decreases the value of his property. After lengthy discussion, the Conmission concurred in instructing the Ci~ Manager, in his capacity as Building Inspector, to serve notice on the owners of this property that the wall in question must be removed or cut back in line with the south wall of the building and that copies of this notice be sent to the 4f\ archi tect and the contractors who are constructing the building. Request to Vacate Alley - Gallatin Co-op Creamery A communication was read from the Gallatin Co-operative Creamery requesting that the north-south alley be vacated between Seventh Avenue and Eighth Avenue from Juniper Street north to the north line of property owned by the Gallatin Co-operative Creamery in Block 3, Durston's 2nd Sub-division. The City Attorney was instructed to advise the Gallatin Co-operative Creamery that the City Commission will initiate the required legal proceedings to vacate this alley as requested conditioned on this Company I applying for a permit to construct a building which will necessitate closing the alley and conditioned further on a proper agreement being entered into between the company 8Ild the City to insure that the company will provide right-of-way and will pay all additional expense for running a sewer around their building in this block over what would be the cost of installing a sewer through the block in the e:xisting alley. Cancellation of Gas Fitter's Bond -- A1 Dykstrahouse A request for the cancellation of the Gas F'i tter' s bond of -Al Dykstrahouse, effective September l~th, 19~6, was reed. This man is no longer engaged in gas fitting in the City. It was moved by Commissioner Swanson, seconded by Commissioner Erwin, that the Mayor and Clerk of the Commission be authorized to sign the cancellation for the City of Bozeman, and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Street Drain on Olive at Tracy Avenue The Manager reported that a fo~er creek bed has caused Olive Street near Tracy Avenue to settle and water will not drain from the street. An estimate of cost of $146.00 for a drain to remedy this situation has been made by the City Engineer. It waS moved by Commissioner Swanson, seconded by I Commissioner Erwin, that the Manager be authorized to have this drainage line installed, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Rel-,orts The following reports for the month of August, 1965 were presented: Librarian Water Collector Sewage Plant Operator Cashier Building Inspector Plumbing & Gas Inspector Police Chief Sanitary Inspector It was moved by C.ommissioner Erwin, seconded by Commissioner Swanson, that the reports be accepted 8Ild ordered filed, end the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Sale of Property Block 20, Butte Addition The Manager reported that Sam B. Anderson has made a down payment of $100.00 on the property which the City acquired by tax deed in 1964 in Block 20, Butte Addition. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the Mayor and the Clerk of the Commission be authOrized to sign a quit claim deed to this property for the City of Bozeman to Sam B. Anderson upon his payment I of a total of $711.~O and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Plans for Motel Approved -- Nunnelly's Plans for a motel on the property west of Block 6, Karp's Addition, which is owned by Alice Nunnelly, were presented. It was moved by Commissioner Swanson, seconded by Commissioner Erwin. that , the plans be approved subject to all requirements and regulations of applicable ordinances and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. 45 Resolution No. 793 -- Parking Maintenance Resolution No. 793, levying the assessment fbr the oare of parkings for the year 1965, in the amount of $5,710.33. was presented, entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZ~AN, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL 'lHE PBOPERTY IN SPECIAL IMPROVEMENT DISTRICTS OF mE CITl OF BOZEMAN, COUNTY OF' GALLATIN, STATE OF MONTANA. FOR THE MAINTENANCE OF' PARKINGS 10 DEF'RAY THE COST OF MAINTAINING '!HE PARKINGS WITHIN SAID SPECIAL IMPROVEMENT DISTRICTS OF THE CITY I OF BOZEMAN FOR THE YEAR 1966. It was moved by Commissioner Swanson, seconded by Corrmissioner Erwin. that the resolution be provisionally adopted and September 14th, 1965 be set as the date for hearing protests, and the motion was oarried by the fbllowing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Resolution No. 794 -- Light Assessment The resolution levying the assessment for the special lighting distriots for the year of 1955, in the amount of $1,750.33 was presented, entitled: A RESOLUTION OF THE COMMISS ION OF mE CI TY OF' BOZEMAN. MON TANA, LEVYING AND ASSESSING LIGHT- ING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMEN T LIGHTING DISTRICTS NUMBERS 361, 362, 284, 288, 289, 290, 295 AND 300 OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 11-2252 R. C. M. 1947. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the resolution be provisionally adopted and September 14th, 1955 be set as the date for the hearing of protests. and the motion was carried by the following ~e and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson, those voting No, none. Resolution No. 795 -- Sprinkling Assessment The resolution levying the assessment for Sprinkling Distriot No. 1 for the year 1955, in the I amount of $1,731.86, was presented, entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROFER1Y IN STREET SPRINKLING DISTRICTS OF THE CITY OF BOZEM.AN, COUNTY OF GALLATIN, STATE OF' MON'IANA, 10 DEFRAY SEVENTY-FIVE PERCENT OF THE COST OF SPRINKLING STREETS WITHIN SAID STREET SPRlliKLING DISTRICTS OF' THE CITY OF BOZEMAN FOR THE YEAR 1955. It was moved by Commissioner Swanson, seoonded by Commissioner Erwin, that the resolution be provisionally adopted and September 14th, 1955 be set as the date for tile hearing of protests, and the motion was oarried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Resolution No. 796 -- Garbage Assessment The resolution levying the assessment for garbage collection for the year 1955, in the amount of $31,841.40 was presented. entitled: A RESOLUTION OF' THE COMMISSION OF' THE CITY OF' BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF' MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR 1955, 10 DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDlliANCE NO. 696 OF THE CITY OF BOZEMAN. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the resolution be provisionally adopted and September 14th. 1955 be set as the date for the hearing of protests, and the I motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Oil Surface Mat on South Church The Manager presented estimates of the City Engineer for an oil mat on South Church Avenue from Story Street to the City Limits. Work proposed under these estimates is to grade the existing surface and install a road-mixed oil mat of 2 inoh thickness at a total cost of $2.425.80 or of 3 inoh thickness at a total cost of $3,048.00. Dr. R. R. Renne has informed the City Manager that owners of property abutting this street and residents along "Sour Dough" Road south of the city have agreed to put up 46 approximately $1,400.00 toward the cost of this work. It was pointed out that the city might join in this project on a cooperative basis in lieu of heavy maintenance costs which would have to be met by the City if the street is left in its present condition. After discussion it was moved by Commissioner Swanson, seconded by Commissioner Erwin, that, conditioned on approximately .1,400.00 being deposited withihe City to apply on the cost of the project as has been proposed by Dr. Renne, the City Manager is authorized to have the necessary work done with ci~ personnel and equipment and to furnish the required materials for installing a 2 inch mat in accordance with the City Engineer's I estimate and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Encroachment Permit An application of the Bridger Development Company for an encroachment permit to install a water main crossing Main Street at McAdow Avenue was presented. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the application be approved and the Mayor and Cmrk of the Commission be authorized to sign the permit for the City of Bozeman, and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe. Commissioner Erwin, Commissioner Swanson; those voting No, none. Adjournment There being no further business to come beforethe Commission at this time, it was moved by Commissioner Swanson. seconded by Commissioner Erwin. that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. /- ~/.c/,j I - ,0 __/~ J/ir""" ./" Mayor Attes t; ~~~ Clerk of the City Commission I