HomeMy WebLinkAbout1958-07-23
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Bozeman, Montana
July 23. 1958
The Commission of the City of Bozeman met in regular session in the Commiss ion Room. City Hall
Building. Wednesday. July 23. 1958 at 1:00 o'clock P. M. Present were Mayor Erwin. Commissioner
Swanson. Commissioner Berg. City Manager Henderson. City Engineer Liquin and the Acting Clerk. The
following proceedings were had:
I Minutes of the last regular session of July 16, 1958 were read and it was moved by Commissioner
Swanson. seconded by Commissioner Berg, that the minutes be afproved as read and the motion was carried
by the folloWing Aye and No vote: those voting Aye being M~or Erwin. Commissioner Swanson and
Commissioner Berg; those voting No, none.
Acting Clerk
L. G. Shadoan, Clerk of the City Commission. being out of the city. it was moved by Commissioner
Swanson. seconded by Commissioner Berg, that Oscar E. Cutting be designated as Acting Clerk 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.
Resolution for Purchase of Road Oil
A resolution authorizing the City Manager to purchase up to 25.000 ga.l1ons of road oil during the
year July 1. 1958 - June 30. 1959 for use in street repair and maintenance. from the State Highway
Department for the Street Department. was :Fresented as followSl
RES 0 L UTI 0 N
WHEREAS the City of Bozeman will have need during the fiscal year July 1, 1958 - June
30. 1959 for road oils for use in repairing streets and for seal ing certa in sections of
existing pavement within the City, and
\lliEREAS the City of Bozeman does not have proper facilities for handl ing and storing
the needed quantities of such oils, and
WHEREAS the Montana State Highway Department does have storage facilities and
normally does have quanti ties of the required types of oils stored in Bozeman from which
it can supply the quanti ties needed by the City of Bozeman.
NOW. THEREFORE. BE IT RESOLVEDl
That an emergency does exist relative to the procurement of road oils by the City
of Bozeman end the City Manager is hereby authorized to purchase from the Montana State
Highway Department. from its stocks in storaEe in Bozeman. approximately twenty five
thousand (25,000) gallons of road oil. this.:to be purchased from time to time during the
fiscal year. July 1. 1958 - June 30, 1959. as needed by the City of Bozeman for repair
and sealing of existing pavements. and these quanti ties of road oils to be purchased at
cost plus normal handling charges.
.. Passed and adopted by the City Com."'I1ission of' Bozeman. Montana. at a regular meeting
of said Commission held on the 23rd day of July. 1958.
I s/ no li~ARD ERW IN
HOWARD ERWIN, Mayor
City of' Bozeman. Montana
Attest:
s/ L. G. Shadoan
L. G. SHADOAN
Clerk of the City Commission
City of Bozeman. Montana
It was moved by Commissioner Berg. seconded by Commissioner Swanson. the. t the resolution be F8.ssed
and adopted. end the motion was carried by the 1'011 owing Aye and 10 vote. those voting Aye bein~ Mayor
Erwin. Commissioner Swanson end Commissioner Berg; those voting No. none.
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Claims for Predetermined DSIll8!'..,es on Pipeline Right-of-way
The following four cleims for payment of predetermined damages e.s incident to the initial construc-
tion end installation of' water transmission pipelines included in the Waterworks Improvement Project.
end in accordance with resFective Eesement and 'Right-of-way Agreements. dated and in the amounts
indicated were presented:
Robert & Merde11a Jordan - € Augus t 1957 - :i"l, 121.82
Frank N 8 sh - 28 August 1957 - 1.532.40 I
Elizabeth. Donalc & Helen Nash 31 July 1957 - 961.44
H. G. & Louise N. Klemme - 5 August 1957 - 507.12
It was moved by Commissioner Swanson, seconded by Commissioner Ber[:;. that these cIa ims be aIproved
and warrants issued for their payment and the motion was carried by the f~llowing Aye and No vote;
those voting Aye being Mayor Erwin. Commissioner Swanson and Commissioner Bergj those voting No, none.
Junior Chamber of Con~erce Rodeo - Kangaroo Court
Request was presented from the Junior Chamber of C01J1J!lerCe to occupy part of Main Street in front
of the Montana. Power Co. office for the purl='ose of conducting a "Kangaroo Court" during the noon hour
of each week day up to the opening of the annual "J. C."_todeo on August 9. 1958.
It was moved by Commissioner Berg. seconded by Commissioner Swanson. that the request be granted
and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin.
Commissioner Swanson and Con~issioner Bergj those voting No. none.
Rel-ort of the Director of Finance
Relort of the Director of Finance for the month of June. 1958 was presented. It was moved by
Con~issioner Swanson. seconded by Commissioner Berg. that the report be accepted and ordered filed
and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin.
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Commissioner Swanson and Commissioner Bergj those voting No. none.
Ordinance No. 805 - Electrical Code
An ordinance revising and superseding the existing Electrical Ordinance of the City of Bozeman
was presented. entitled:
AN ORDINANCE REGULATING THE INSTALLATION, REPAIR. MAINTENANCE. SAL}~ AND INSFECTION OF
ELECTRIC WIRING. ELECTRIC DEVICES, APFLIANCES AND MATERIALS. P::tOVIDING FOR THE LICENS]NG
OF PERSONS. FIRMS. OR COm-ORATIONS ENGAGED IN THE BUSINESS OF INSTALLING OR REPAIRING OF
ELECTR ICAt EQ. UIFblENT. 'SIRING OR DEVICE:S. AND fOOVIDING FOR THE ISSUANCE OF FERMITS FOR
WORK TO BE DONE, TEE FAYING OJ; FEES THEREFOR, THE INSPECTING OF WORK toNE. AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF. AND REPEALING ALL ORDIN Al\CES OR FARTS OF ORDThANCES
IN CONFLICT WITH TE-IS ORDINANCE.
It was moved by Commissioner Swanson. seconded by Commissioner Berg, that the Ordinance No. 805
be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye
being Mayor Erwin. Conunissioner Swanson and Commissioner Berg; those voting No. none.
Purchase of a Tamping Machine for Street and "'water DeFartments
For use in making street pavement repairs and patches and in back-filling trench excavation and
for other simil(:l r purposes. the Wster and Street Departments have a very justifiable need for a tamping
machine. A "Wacker". Model GVR-IOO-C. Vibro-rarnmer has been investigated and is recommended as the
most desirable machine for this work. This machine. complete with an extra tamping head, will cost I
$957.00. F. O. B. Bozeman. It was moved by Commissioner Berg. seconded by Commissioner Swanson. that
the City Msnager be and is hereby authorized to purchase the above described machine and the motion
was carried by the following Aye and 10 vote: those voting Aye being Mayor Erwin. Commissioner Swanson
and Commissioner Bergj those voting No. none.
Change Orders - Water Works Improvement Project
There were presented by EnEineering Consultants Morrison-Maierle. Inc. the following change orders
covering extra construction costs not contemplated by the original contract of Statewide Plumbing; &:
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Heatint; Co. for the construction of the Water Works Improvement Project:
Change Order No. 8 - Fi~eline alienment change on Beall St. - - ~500.00
Change Order No. 17 - Concrete encasement of' concrete pipe angles - 860.37
Change Order ho. 18 - Delay in street reFairs and repair of' broken valve 229.04
Change Order No. 19 - Additional cost incident excess width of trenches 500.00
These change orders were prepared from several different claims presented to the engineers qy the
I contractor and al though in generally lesser amounts tLan claimed by the contractor, were recommended
by Morrison-Maierle. Inc. as the maximum amounts that should be allowed fOr the extra work performed.
It was moved by Commissioner Berg. seconded by Commissioner Swanson, that these change orders
be approved as submitted by MQrrison-Maierle. Inc. , and that they be referred to the Contractor for
his consideration 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.
Claim for Right-oi-way Access Delay on South Black Avenue
There was presented by Morrison-Maierle. Inc. a claim from Statewide Plumbing & Heating Co. in the
amount of ~5, 731.82 for alleged increased construction and delay costs inciden t to the change of
alignment from Tracy Avenue to Bla ck Avenue. between Garfield and College Streets, and attendant delay
in securing right-of-way by the City of Bozeman for that section of the Water Works Improvement
froject. Morrison-Maierle, Inc. recommended rejection of this claim in its entirety since their
analysis of the costs involved indicated that the Contractor had actually [rofi ted by the alignment
change and that the Contractor's contention of extra costs incurred for delayed access to the right-
of-way is without merit.
It was moved by Commissioner Swanson. seconded by Commissioner Berg, that this claim of Statewide
1 }lumbing & Heating Co. be rejected for the reasons outlined by Morrison-Maierle. Inc. end tha t the
Contractor be advised of this action and that a copy of the recommendation of Morrison-Maierle in
regard to this claim be furnished to him for consideration. and the motion was carried by the following
Aye and No vote: those voting Aye being Mayor Erwin. COII'Jnissioner Swanson and Commissioner Berg;
those voting; No, none.
Claim for Right-of-way Access Delay - South Reservoir to City
There was presented by Morrison-Maierle, Inc. another claim from Statewide Plumbing & Heating Co.
in the amount of $15.220.25 for alleged increased construction and delay costs incident to delayed
access to the Right-of~way on that part of the Waterworks III~rovement Project between the new South
Reservoir and the Ci ty of' Bozeman. Morrison-Maierle relorted that there was definite merit to the
contractor's contention that the delayed access to the right-of-way had caused extra ex.rerJses in his
construction operations. however, their engineering analysis of the costs involved indicated that these
extra costs were materially less than claimed by the Contractor. Morrison-Maierle, Inc. therefore
recommended that the claim of Statewide Flumbing & Heating Co. in the amount of :;1.15,220.25 be rejected
and in lieu thereof the sum of $4,000.00 be offered to the Contractor as a fair and just recomr,ense for
the extra costs incurred by the contractor due to delayed access to right-of-way.
I It was moved by Commissioner Berg. seconded by Commissioner Swanson, that this recorrmendation of
Morrison-N~ierle, Inc. , be acceFted, that the contractor be noti fied of this action anrl the t e copy
of the MOrrison-Maierle, Inc. recommendation be furnished to him for consideration.
and the motion
was carried by the following Aye and No vote: those voting Aye being Mayor Erwin. Commissioner
Swanson and Commissioner Ber~; those voting No. none.
Tem}Jorary Closini::, Seventh Avenue - Cleveland to Harrison Streets
Request of the HagE;erty-Messmer Co., Contr9ctor for the new Women's Dormitor;y at ~uor;tana State
College, for temporarily closing Seventh Avenue. between Cleveland and Harrison Streets, in order to
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accommodate construction of the new building and to frovide storage space for construction materials,
was presented.
It was moved by Cormniss ioner Berg, seconded by Commissioner Swanson, that this request be granted
and the motion was carried by the foll owing Aye and No vote: those v oting Aye being Mayor Erwin,
Commissioner Swanson and Commissioner Berg; those voting No, none.
Purchase of Reject Gravel Material
McLaughlin, Inc. , Contractor on the Rouse Avenue - Bridger Canyon Road State Highway Project. I
has made an offer to sell to the City of Bozernen the entire stockpile of rejected gravel material.
loca ted at the site occul'ied by the contractor's gravel crusher, nea r the mouth of Bridger Canyon,
and consisting of several thousand cubic yards, for the sum of .jl,950.00. It was expla ined that this
gravel material would serve a definite need of the City for such general purpose material and that the
price offered wes very favorable to the City.
It was moved by Commissioner Swanson. seconded by Commissioner Berg, that the purchase of this
meterial be authorized at the price of $;950.00 contincent upon the material remaining at its ['resent
location, rent free, until used or disposed of by the City and the motion wes carried by the following
Aye and No vote: those voting Aye being Mayor Erwin. Commissioner Swanson and Commissioner Berg;
those voting Ko. none.
Bonds for City Officials
Bonds of the followinG persons in the amounts and for a one year term beEinnin[ on the dates
shown opJoosi te their respective names were presented:
M. E. Henderson - Ci ty Manager - - - - - ~20,OOO.00 - 8/15/58
H. Dean Moore - Cashier & Water Collector - - - 15,000.00 - 8/1/58
Helen Morrison - Office Clerk end Ass' tVvater Collector - 10,000.00 - 8/1/58 1
These ere ermual reFlacements for current bonds which e:X1'ire on the dates shown. It was moved by
Commissioner Berg. seconded by Commissioner Swanson, that these bonds be approved and accepted, subject
to approvel DS to form by the City Attorney. and the motion was carried by the following Aye and No
vote: those voting Aye being Ma;yor Erwin. Commissioner Swanson and Commissioner Berg; those voting
Ko. none.
Marquee - Joe's Food Store
Request of Joe Ransiord, owner of Joe's rood Store. for permission to install a marquee on the front
of the }roposed addition to his s tore now under construction. at a heighth of eight feet above the side-
walk. was presented. It was explained that this request we.s occasioned by an apparent conflict in the
City of Bozeman Building Code Ordinances. although the marquee as proI-osed was in compliance with
Ordinance No. 784. Commissioner berg. havinE:, personal interest in this matter as the architect plarming
the building. requested that he be excused from taking part in the discussion of this matter and from
votir:c;..:; on it.
It was moved by Commissioner Swanson. seconded by Mayor Erwin. that the Building Inspector be
instructed to permit Mr. Hansford to construct the marquee on the front of the a.ddi tion to his building
at a heighth of eight feet above the sidewalk and the motion was carried by the following Aye and No vote: I
those voting Aye being Mayor Erwin and Commissioner Swanson; those voting No. none.
Budget for Fiscal Year 1958-59
A proposed budget for the City of Bozeman for the riscal Year 1958-59 was presented and exrle ined
by the City Manager. This budget would permit some increase of salaries and wages. would provide for
some replacement of equipment and would permit continuation of' all services now being rendered by the
City without major change.
Foundations and Floors for Shop Buildings to be Moved to New City Yards
Further study has been made of costs involved in the construction of' concrete foundations
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and floors at the new city yards on Rouse Avenue. onto which present City shop buildings can be
moved from their present location. that cost estimates have been received. and it is feasible
and desirable to proceed with this construction.
It was moved by Commissioner Berg. seconded by Commissioner Swanson. that the City Engineer be
instructed to prepare plans and specifications for the construction of these required foundations and
floors and the Clerk of the Commission be authorized to advertise for bids on this proposed construc-
I tion in accordance therewith and the motion was carried by the following Aye and No vote: those
voting Aye being Mayor Erwin. Corr@issioner Swanson and Commissioner Berg; those voting No. none.
Moving Power Poles on Eleventh Avenue
New sidewalks have been ordered by the City to be constructed along the west side of South
Eleventh Avenue in the 700 block and several transmission line poles owned by the Montana Power
Company a re set in the line of this walk. It will be necessary to move these poles between one and
two feet to re-set them inside of the sidewalk line. The Montana Power Company requests that,
because of large expense involved in moving these poles, they be permitted to either build the
sidewalk enough closer to the curb to miss them or to build the sidewalk Bround the poles in their
present location.
It was moved by Commissioner Swanson, seconded by Commissioner Berg. that the City Manager
instruct the Montana Power Company to move all poles out of the sidewalk area 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.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
1 Commissioner Berg, seconded by Commissioner Swanson. 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 No. none.
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Mayor
ATTEST:
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Acting Clerk
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