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HomeMy WebLinkAbout1957-05-01 ')6"0 ~... ' Bozeman~ Montana May 1, 1951 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building~ Wednesday, May 1, 1967 at 1100 o'olock P. M. Present were Mayor Swanson~ Commissioner Erwin, Commissioner Lowe, City Manager Henderson~ Administrative Assistant Sales. City Attorney Lovelace and the Clerk. The following prooeedings were had: Minutes of the last regular session were read and it was moved by Commissioner Erw1n~ seoonded by Commissioner Lowe. that the minutes be approved as read aDd the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Commissioner Erwin and Commissioner Lowel those voting No, none. Paving - MarwyIl Addition Petition from owners of properties in Marwyn Addition was presented requesting a paving district be established in that area. Since a large area of City property adjoins Marwyn Addition and would be greatly affected by the cost of the district, it was necessary for the Commission to determine which looa.. tion of paving would be of greatest benefit to the general public in relation to the cost. It was decided on this basis that the distriot should be established to pave Cypress Avenue south from Main to Babcook~ Babcock Street from Cypress to Alysworth and Aylsworth Avenue from Babcock to Curtiss. It was moved by Commissioner Lowe, seoonded by Commissioner Erwin, that the City Engineer prepare estimates of cost and the City Attorney be instruoted to prepare a resolution of intention to create the district and the motion oarried by the following Aye and No votel those voting Aye being Mayor Swanson. Commissioner Erwin and Commissioner Lowe; those voting No, none. Commissioner Lowe asked to be temporarily exoused and Permission Granted Road to Mystio Lake G. H. Duvendaok~ Supervisor of Gallatin National F'orest, together withE. E. Luer, H. F. Johnson. and D. Halpin of his department appeared before the Comrndssion to discuss the proposed pioneer road to Mystic Lake. Mr. Duvendack presented a rough draft of a proposed agreement between the City end the Forest Service providing: MEMORANDUM OF AGREEMENT "The following agreement canoels end replaoes the former agreements. one of which was dated Januar,y 5, 1917, and signed by Acting Secretary of Agriculture Carl Vrooman and L. W. Truitt~ Mayor of Bozeman; the other was signed by Forest Supervisor A. H. Abott, and by the City Manager of Bozeman~ Fred Quinnell, on December l6, 1942. This agreement provides further~ 1:hat: 1. The F'orest Service sanotions regulated use of the Sourdough Creek watershed. 2. The City of Bozeman will provide the Forest Service with unUmi ted rights-of.. way. ~. The F'orest Service will authorize the CUy of' Bozeman to constroct a low grade road on forest service lends on a location established by the Forest Service. in order to pe~it the City of Bozeman to maintain its improvements at Mystio Lake and to log its timber. 4. The Forest Service shall have the right to improve the road built by the Cit,y of Bozeman. 5. The City of Bozeman will use the same cutting practices on their lands as the Forest Service would use on its lands in this drainage. 6. The Forest Service will within five (5) yee.rs from the date of this agreement, advertise a minimum of 5 million board feet of timber within the Bozeman Creek drainage. 1 I I 7. An agreement on cost sharing of the road covered by special use permit dated September 7. 1956, will be worked out, under which the Forest Service will agree to share the cost of any improvements made, as well as the original cost of the so...ca11ed pioneer road. The Forest Service does not assume any responsibility for the costs of the pioneer road until such a time &s (1) a general agreement has been formalized~ (2) and it advertises and sells timber 1 exclusive of the right-a-way timber on the pioneer road covered by the special use permit to the City of Bozeman. 8. The City of Bozeman will keep accurate costs, which will be subjeot to audit~ on the construction of the "pioneer" road." In addition to the proposed agreement~ a new special use permit regarding the construction of the road was presented~ replacing special use permit granted September 12th, 1956 and easing restrio- tions end requirements of the Forest Serv1ce~ particularly deleting the clause calling for clearing the entire width of right-of..way. It was moved by Commissioner Erwin. seconded by Mayor Swanson, that the Agreement as proposed by the torest Service officials be tentatively approved, and a formal agreement be prepared for approval and signatures of the City and the Forest Service. and the motion carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commiseioner Erwin; those votlng No~ none. Mr. Duvendack stated the City oould start work immediately under the terms of the proposed agreement and the new special use permit. Report. 1 The following reports for the month of April. 1957 were presented: Building Inspector Librarian Plumbing & Gas Inspector Sewage Plant Operator Water Collector Electrioal Inspector It was moved by Commissioner Erwin, seoonded by Mayor Swanson~ that the reports be accepted and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No~ none. Appointment... Stephenson to Police Commission Mayor Swanson announced the re-appointment of Ed Stephenson as a member of the Police Commission, term to expire May lst~ 1960. It was moved by Commissioner Erwin, seconded by Mayor Swanson~ that the appointment be approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No~ none. Leave of Absence .. Clyde Latta Leave of absence without pay previously granted Clyde Latta~ policeman~ was effective only till April 1, 1957. It was moved by Commissioner Erwin, seconded by Mayor Swanson, that Policeman Clyde Latta be continued on leave-of...absence without pay from April l~ 1957 until such time as Latta's status as to being placed on the police reserve list is determined by the Police Commission, and the 1 motion carried by the following Aye and No votea those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No, none. Agreement... Water Line - Milwaukee Road Agreement prepared by the Milwaukee Railway between the Railroad end the City, authorizing the laying of a water line under the Milwaukee Railway tracks, was presented. It was moved by Commissioner Erwin~ seconded by Mayor Swanson~ that the agreement be approved and the Mayor and Clerk of Commission be authorized to sign the agreement for the City of Bozeman, and the motion carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No, none. ':)f" 1 1--.. J. ')"2- ~-",I( ) Platting of Jones' Sub-division A plat of Jones' Sub-division of property between Beall and Villard Streets on North Third Avenue was presented. It was moved by Commissioner Erwin, seconded by Mayor Swanson, that the sub.di vision plat be approved and the motion carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No. none. Platting - 1957 Rearrangement Lots 3, 4~ 5 & 6, Block l. Royal Vista Addition A plat was presented for re-arrengement of Lots 3, 4, 6 & 6 of Block 1 of Royal Vista Addition. The City Engineer has noted discrepancies in angles between this proposed platting and the original plat of this addition. It was moved by Commissioner Erwin, seconded by Mayor Swanson~ that upon correction of these discrepancies the plat of the 1957 Re-arrangement of Lots 3~ 4, 5 & 6 of Block 1 of Royal Vista Addition be approved and the motion carried by the following Aye and No vote: those voting Aye being Mayor Swanson and Commissioner Erwin; those voting No, none. Commissioner Lowe Entered and was noted present Report on Fire School wm. Penttila, Asst. Fire Chief, and Jack Huber~ fireman, reported to the City Commission on their attendance at Fire School at Oklahoma A & M. They noted the schooling received there as very beneficial and recommended that other firemen be sent in succeeding years. Miscellaneous W & C 1957 -- Order to Repair and/or Construct Report of the City Engineer as to the repair and installation of Miscellaneous Walks and Curbs for 1957 was presented. It was moved by Commissioner Lowe, seconded by Commissioner Erwin~ that the report of the City Engineer as to the repair and installation of Miscellaneous walks and Curbs for 1957 be and the same is hereby aocepted~ approved and ordered filed; said adopted report of the City Engineer is hereby referred to and made a part of this minute entr,y by such adoption and referenoe for the purpose of designating and identifying the streets and avenues on which such new installations or repairs are to be made and such new installations or repairs are hereby ordered to be made under and pursuant to the provisions of Sections 11..967, and 11..2226 R. C. M. 1947 and Ordinance No. 56l of the City of Bozeman and the City Manager is hereby instructed to give, or oause to be given~ to each owner or agent of such owner or either. of the property along which such new installation or repair is to be made. written or printed notioe of such order, as required by the provisions of ,said Seotion 11..2226 R. C. M. 1947~ and or Ordinanoe No. 561 of the City of Bozeman and such new installations or repairs are hereby ordered to be made wi. thin thirty days from the date of such notice, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson, eommissioner Erwin and Commissioner Lowe; those voting No~ none. Offer to Rent Parking Lot Esgar Es ta te Offer has been received to rent the east 60 feet of the Esgar property in Block F' of Original Townsite to the City for use as parking lot for 160.00 per month. Tbe possibility of improving this site along with the City owned lot at Babcock and Traoy and metering both lots was disoussed. The City Manager was instruoted to collect information for the study of the Commission on this possibility and to particularly oontact parking meter oompanies on whether meters could be purohased for use on these lots on time payment basis. Interseotion Light ..Rouse & Tamarack 'Request has been made for a street light at the corner of Bouse and Tamarack. It was moved by Commissioner Erwin. seconded by Commissioner Lowe~ that the City Manager be authorized to have the Montana Power Company install a street light at the intersection of Rouse & Tamarack Street and the motion carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Commissioner Erwin and Commissioner Lowe; those voting No. none. 1 1 1 Resolution No. 834 -.. Intention to Create S. I. D. No. 389 ')( l ') ~...Hd The City Attorney has prepared the resolution of intention to create S. I. D. No, 389, paving on South Grand Avenue from Garfield to 1hird Avenue. Resolution No. 834 was presented, entitled. 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF' BOZEMAN DECLARING IT TO BE THE INTEN- TION TO CREATE A SPECIAL IMPROVEMmT DISTRICT TO BE KNOWN AS SPEC IAL IMPROVEMENT DISTRICT NO. 389 OF THE CITY OF BOZEJ4AN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH GRAND AVENUE FROM GARFIELD STREET TO ITS POINT OF' INTERSECTION WITH SOUTH THIRD AVENUE. SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE FROM GARFIELD STREET TO LINCOLN STREET, COMBINAT ION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE~ CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURF'ACE COURSE AND OTHER WORK INCIDENTAL THERETO. It was moved by Commissioner Erwin. seconded by Commissioner Lowe, that the resolution be passed and adopted and May 22nd, 1957 be set as the date for the hearing of protests and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Swanson~ Commissioner Erwin and Commissione r Lowe; those voting No, none. Resolution No. 835 .... Intention to Abandon Parking Maintenance District #62 The City Attorney has prepared the resolution of intention to abandon Parking Maintenance District #62, parking maintenance on West Babcock Street from 5th to 8th Avenue. Resolution No. 835 was presented entitled. A RESOLUTION OF THE CITY COMMISSION OF' THE CITY OF' BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF' SAID COMMISSION TO ABANDON CITY OF' BOZEMAN SPECIAL IMPROVEMENT DISTRICT NO. 52 AND TO ABANDON THE MAINTENANCE OF STREET PARKINGS THEREUNDER. AND DmroTING THE CLERK OF THE CITY COMMISSION TO GIVE NOTICE OF SUCH RESOLUTION, ALL PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED. It was moved by Comndssioner Erwin~ seconded by Commissioner Lowe~ that the resolution be passed and adopted and May 22nd. 1957 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 Swanson, Commissioner Erwin and 1 Commissioner Lowe. those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Lowe~ 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 Swanson~ Commissioner Erwin and Commissioner Lowe; those voting No~ none. ,:;74 E~d'~\ ... ' ,. Mayo; - Attest: ~~ 1