HomeMy WebLinkAbout1951-07-25
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Bozeman, Montana
July 25, 1951
The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall
Building, Wednesday afternoon, July 25, 1951 at 1:00 o'clock F. M. Present were Mayor Lowe, Commissioner
Secor, Commissioner Healy, City Manager Henderson, City Attorney Lovelace and the C~rk when the follow-
ing prooeedings were had:
Minutes of the last regular session were read, and it was moved by Commissioner Healy, seconded
by Commissioner Secor, that the minutes be approved as read, and the motion was carried by the follow-
ing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Seoor and Commissioner Healy;
those voting No, none.
Ordinance No. 761 -- Vacating Oak Street
Quit Claim Deeds from Montana Flour Mills Company and from the County of Gallatin for the vacated
portion of Birch Street and Montana Avenue adjacent to Block One of Imes Addition together with an
easement right-of-way for a water main across the Montana Flour Mills property in said Block One were
presented.
The Montana Flour Mills having completed their part of the agreement in so far as is possible at
the present time for the vacating of Oak Street, Ordinance No. 761, vaoating Oak Street as petitioned
was presented, entitled:
AN ORDINANCE OF' THE CITY OF BOZEMAN, MONTANA VACATING THAT FART OF OAK STREET LYING BETWEEN THE
WEST LINE OF HOUSE AVENUE .AND THE WEST LINE OF BLOCK ONE (1) OF IMES ADDITION TO THE CITY OF
BOZEMAN, MONTANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND 30 FEET IN
WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE
OF BLOCK ONE (1) OF SAID lMES ADnITION, SAID FOINT BEING LOCATED 132.2 FEET SOUTH OF THE NORTH-
EAST CORNER OF SAID BLOCK ONE (I}, THENCE FOOM SAID FOINT OF BEGINNING WESTERLY PARALLEL WITH
THE SOUTH LINE OF SAID BLOCK ONE (1) A DISTANCE OF 294 FEET, MORE OR LESS, TO A POINT ON THE
WEST LINE OF SAID BLOCK ONE (1).
It was moved by Commissioner Healy, seconded by Commissioner Secor, that tpe Ordinance be passed
and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor
Lowe, Commissioner Secor and Commissioner Healy; those voting No, none.
Bids for Construction of West Trunk Sewer
The Manager stated this was the time and place set for the opening of bids for the construction of
the West Side Trunk Sanitary Sewer. Attention was called to the fact that in the publication of the
Notice to Bidders, the date for the opening of bids was stated as the 15th of July instead of July 25th.
It was reported that no question has been raised as to July 25th being the correct date for the opening
of bids, that no bids were received prior to July 15th, and that all interested contractors were mailed
copies of the Invitation to Bid showing July 25th as the bid opening date. Seven bids having been filed
for opening on July 25th, representatives of all these bidders exoept Dudley Construction Company of
Great Falls were present and polled. Each stated they had no question as to July 25th being the correct
date for opening bids. It was moved by Commissioner Healy, seconded by Commissioner Secor, that the
technical irregularity relative to the published bid opening date be waived and the bids be opened and
read, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe,
Commissioner SeCor and Commissioner Healy; those voting No, none.
The following bids were thereupon opened and read:
Feterson Plumbing & Heating Co.
Studer Construction Company
Theo Undusett
Haggerty-Messmer Construction Co.
Gray Company
E. H. Blakeslee Construction Co.
Dudley Construction Co.
$51, 529.70
42,296.50
55,020.10
49,512.00
55,738.90
56,947.65
76,862.50
Three Forks
Billings
Helena
Bozeman
Great Falls
Great Falls
Great Falls
The bids were referred to the City Engineer and the Consulting Engineer for checking and recommenda-
tions.
Attention of the Commission was called to the fact that the bid bond of the Studer Construotion
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Company was not signed by Mr. Studer.
Mr. Harold Eagle of Morrison-Maierle CompaDY, Inc., Consulting Engineers on this project,
requested additional time for his company to check into the qualifications of the bidders, whereupon,
it was moved by Commissioner Healy, seconded by Commissioner Secor, that action relative to these
bids be deferred until the next meeting of the Commission, and the motion was carried by the following
Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commiss ioner Healy; those
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voting No, none.
Repairs on South Eighth Avenue
Mr. Geo. Barrett, of the State Highway, appeared before the Commission regarding the material
furnished by the State Highway Deparbnent for repair of South Eighth Avenue. Mr. Barrett estimated
the cost of material furnished for this repair to be ap~roximately $1,331.47 and stated there has been
more repair done on the street than he had anticipated when he authorized this material to be secured
from the Highway Department. He proposed that a compromise settlement be made and that the city pay
3/8 of the total cost of the material. It was pointed out that, in a conference between City Officials
and the Highway Commission on April 12th, the State Highway Engineer had proposed that the State
Highway might furnish material for this repair but no definite agreement was made as to the wmount of
material to be furnished. It was suggested to Mr. Barrett that he make a recommendation to the State
Highway Department for the city to pay whatever share of the material costs he believes they should
make but it was further suggested to him that it was the feeling of the City Commission that the State
Highway Department should furnish all of this material if the city furnished all of the labor and
equipment required for the repair.
Reconstruction of South 8th Avenue
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Correspondence between the State Highway Engineer and the City Manager, relative to reconstruction
of South Eighth Avenue from Main Street to College Street, was reviewed and discussed. A letter from
the State Highway Engineer, dated July 19, 1951, stated in part as follows: "You may be sure that upon
a letter of assurance of participation from the City of Bozeman, we will then progrwm this project. .
To clarify this }oint and make it a matter of official record. it was moved by Commissioner Secor.
seconded by Commissioner Healy, that the City of Bozeman shall, as soon as is possible after it receives
from the State Highway Department a design plan. an estimate of cost to cover the proposed reconstruc-
tion of South Eighth Avenue from Main Street to College Street,and reasonable information on when such
reconstruction can be don~, pass a resolution of intention to create a Special Improvement District to
include all proper~ within one-half block of the proposed improvement against which will be assessed
25% of the cost of said improvement, and the motion was carried by the following Aye and No vote:
those voting Aye being Mayor Lowe, Commissioner Seoor and Commissioner Healy; those voting No, none.
Claims
Claims Nos. 1600 to 1602 inclusive were presented as follows:
General FUnd .
SDS FUnd
Water Fund
$ 49.80
1,853.28
179.20
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The Manager stated he has audited these claims and finds them to be true and lawful claims against
the City of Bozeman and the claim for sewer pipe was subject to a 2% cash discount. After examination
of the claims by the Commission, it was moved by Commissioner Healy, seconded by Commissioner Secor,
that the claims be allowed and warrants drawn for their payment and the motion was carried by the
following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner
Healy; those voting No, none.
Pay for Drafted Firemen
Acting Fire Chief Penttila was present and asked the Commission to consider the following
recommendations:
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1. That men drafted by the Fire Department at the soene of the fire to assist the firemen in
emergenoy conditions be paid.
2. That firemen who were off shift and who respond to oalls and assist in fighting fires out
side the oity limits be paid over and above their regular salaries for suoh services.
Action on these recommendations was deferred for further consideration.
Blowing Siren at 10:00 o'clock Discontinued
The matter of sounding the fire siren at 10:00 o'clook F. M. daily was discussed. Acting Chief
Penttila recommended this practice be discontinued as, in his opinion, it is not necessary to test
the siren daily. A considerable number of protests have been received regarding the sounding of the
siren at this hour. After oonsideration, it was moved by Commissioner Seoor, seconded by Commissioner
Healy, that the daily sounding of the siren at 10:00 0' clock F. M. be disoontinued, effeoti ve
immediately, and testing made only when the Fire Department personnel deems it necessary, and the
motion was oarried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner
Seoor and Commissioner Healy; those voting No, none.
Amendment to Zoning Ord manoe
The Manager reported that, after a public hearing before the Board of Adjustment held on July
20, 1951. the Board made the following reoommendation to the City Commission:
That the Zoning Ordinanoe be amended to pennit the sale of beer for off-premises
consumption in all business-residence and business districts.
It was moved by Commissioner Secor. seconded by Commissioner Healy, that the City Attorney be
instructed to prepare an amendment to the Zoning Ordinance to comply with the recommendation of the
Board of Adjustment. and the motion was carried by the following Aye and No vote: those voting Aye
being Mayor Lowe, Commissioner SeCor and Commissioner Healy; those voting No, none.
Easements for West Sanitary Trunk Sewer
The Manager reported on proposed terms fOr easements for the West Sanitary Trunk Sewer as follows:
Clyde Franois proposes to grant an easement provided ~e is given permission to connect to
the city sewer line and the city water main for his house and any other houses oonstructed
on his property orossed by the proposed trunk sewer.
Bozeman Canning Company proposes to grant an easement provided any additional expense the
company is put to for the looation of a lagooning system for their cannery wastes, because
of the location of the trunk sewer line, will be paid by the City.
Alfred Nikles proposes to give an easement for the sum of $100.00.
After discussion, it was moved by Commissioner Healy, seconded by Commissioner Secor. that the
conditions for the above proposed easements be approved, and the Mayor and the Clerk of the Commission
be authorized to sign the easements 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 Secor and Commissioner Healy;
those voting No, none.
Increase in Cemetery Charges
The Manager reported that in order to meet the present budget for the current fisoal year, members
of the Cemetery Board have made the following recommendations to the City Commissiona
1. Annual oare be increased to 4~ per square foot.
2. Charge for lots be inoreased to $80.00 including Permanent Care.
S. Charge for interment permit for a standard size box be increased to $22.50.
4. Charge for interment permit for a vault be increased to $35.00.
5. Fee for inte~ent permit for oounty burials be increased to $20.00.
6. The above increases in price be effective August 1. 1951.
7. The City Commission make a two-tenths mill tax levy for cemetery maintenance.
8. That city officials and all interested persons be urged to extend every effort to get
funds from Gallatin County to assist in cemetery operations.
It was moved by Commissioner Healy. seconded by Commissioner Secor, that the above reoommendations
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be approved, and the motion was carried by the following Aye and No vote: those voting Aye being
Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none.
. Hearing for Annual Budget
The Manager presented the annual appropriation ordinance No. 763 for the fiscal year ending June
30, 1962. entitled:
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AN ORDINANCE AFFROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND IN ACCORDANCE WITH
BUOOETORY REQUIREMENTS FOR MAINTENANCE ETC.. OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
BOZEMAN, MONTANA FOR THE FISCAL YEAR ENDING JUNE 30. 1962.
It was moved by Commissioner Healy, seconded by Commissioner Secor. that the ordinance be provi-
sionally passed and adopted, and August 1, 1951 be set as the date for public hearing. and the motion
was carried by the following Aye and No vote: those voting Aye being Mayor Lowe. Commissioner Secor
and Commissioner Healy; those voting No, none.
Annual Salary Ordinance
The Manager stated the ordinance setting the monthly salary of the City Manager. Employees of the
City Commission and the Heads of Departments has been prepared. He presented Ordinance No. 762, entitled:
.AN ORDINANCE OF THE CITY OF BOZWAN, MONTANA FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
CITY MANAGER. THE HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMMISSION AS REQUIRED BY
LAW.
It was moved by Commissioner Secor. seconded by Commissioner Healy, that the Ordinance be passed
and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being
Mayor Lowe. Commissioner Secor and Commissioner Healy; those voting No. none.
Misc. W & C 1961
The City Commission examined properties on Davis Street between Church and Wallace Avenues, and
at the corner of Koch Street and Thirteenth Avenue where requests have been made that sidewalks be
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ordered in. After examination of these properties. it was moved by Commissioner Healy, seconded by
Commissioner Secor, that the City Manager be instructed to order sidewalks in question constructed
and that the work be added to the 1951 Misc. Walk and Curb contract, and the motion was carried by the
following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner
Healy; those voting No. none.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Secor, seconded by Commissioner Healy, that the meeting adjourn, and the motion was
carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and
Commissioner Healy; those voting No, none.
Attest:
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Clerk of the City Commission
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