HomeMy WebLinkAbout1955-09-07
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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
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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
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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.
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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
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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. /-
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./" Mayor
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Clerk of the City Commission
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