HomeMy WebLinkAbout1951-07-18
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Bozeman, )4on-tana
July 18. 1951
The Commission of the City of Bozeman met in regular session in the Commission Room. City Hall
Building. Wednesday afternoon. July 18. 1951 at 1:00 o'clock P. M. Present were Mayor Lowe, Commis-
sioner Secor, Commissioner Healy. City Manager Henderson. City Attorney Lovelace and the Clerk when
the following proceedings 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 WRS carried by the follow-
ing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy;
those voting No. none.
License Application -- D. W. Vennecol t
D. W. Vennecolt appeared before the Commission in regard to his application for a business license
to conduct an auto wrecking business at 423 North Seventh Avenue which was denied by the City Commia-
sion at the meeting of July 11. 1951. Mr. Vennecolt made the following statements: he plans to open and
conduct a business for the sale of used car parts together with an auto electrical shop; it is not his
intention to have a junk yard; he plans to take wrecked cars apart and put the used parts on shelves
and sell them from the shelf; cars which he takes apart will be located at the rear of the present
building and not more than five or six oars would be there at anyone time; after the parts have been
taken from the oars. the chassis will be taken to the dump grounds; he has a large investment in
buildings in this area. He is vitally interested in keeping the area in orderly appearanoe. and he
certainly will not operate a business which would detract from the value of his or neighboring property.
After consideration. it was moved by Commissioner Secor. seconded by Commissioner Healy that, upon
Mr. Vennecolt's filing another application for a business license for the sale of used car parts and
an electrical shop at 423 North Seventh Avenue. a city license be issued wi th the provision that the
license is not issued for the purpose of conduoting an auto wrecking business, 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 -- Vacation of Oak Street
The Manager stated this is the time and place set for the hearing of protests to the vacation of
a portion of Oak Street as provided in Commission Resolution No. 710. He presented the affidavit of
publication of the Notioe. the aoknowledgement of service of the notice on abutting property owners,
and stated that no protests have been filed, and no one is present to protest.
It was moved by Commissioner Healy. seconded by Commissioner Secor, that upon the Montana Flour
Mills furni.hing the deeds and easements as agreed, the City Attorney be instructed to prepare an
ordinance vacating that portion of Oak Street as requested. 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.
Appointment -- Bennett to Airport Board
Mayor Lowe announced the reappointment of Don Bennett as the City of Bozeman member on the Gallatin
Field Board, for a term of three years from August 1. 1951. It was moved by Commissioner Secor.
seconded by Commissioner Healy. that the appointment be approved and the motion was carried by the
follo~ng Aye and No vote: those voting Awe being Mayor Lowe. Commissioner Secor and Cownissioner
Healy; those voting No. none.
Bid for Jointing Material for West Trunk Sewer
The bid of the Pacific Water Works Supply Company, Helena. Montana, submitted on June 27. 1951.
for jointing material for the West Trunk Sanitary Sewer in the amount of $1,536.00 was considered.
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This bid being the lowest bid submitted, it was moved by Commissioner Healy, seconded by Commissioner
Secor, that the bid be accepted 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.
Rerorts
The f'ollowing reports for the month of June, 1951 were presented:
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Water Collector
Cashier
Police Judge
Direotor of Finance
It was moved by Commissioner Healy. seoonded by Commissioner Secor, that the relorts be accepted
and ordered filed, and the motion was oarried by the following Aye and No vote: those voting Aye
being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none.
Rental of Hyalite Water
The Manager reported that Mr. Frank Wyatt has requested to purchase water for irrigation purposes
from water which the City of Bozeman may have stored in the Hyalite Reservoir. The Manager re}orted
he has arranged to sell this water to Mr. Wyatt on the following conditions:
l.Full responsibility and expense of bringing the water to his land will be
Mr. WYatt's.
2. Water will be released at such time and in such amounts as requested by
Mr. Wyatt.
3. A payment of $10.00 per day for each 100 miner's inches of water will be
charged.
4. Sale and purchase of water will be subject to the approval of the Water
Conservation Board.
5. Sale of the water will be subject to a 24-hour cancellation notice.
6. Arrangements to be made by Mr. Wyatt, with the Water Commissioner of the
Hyalite Reservoir. for turning in the water.
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7. Mr. Wyatt will keep a complete record of all city water used by him.
It was moved by Commissioner Seoor, seoonded by Commissioner Healy. that the offer of the City
Manager to Frank Wyatt for the sale of city water in the Hyalite Reservoir 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.
Request to Furchase Timber for Fulp Wood
The Manager reForted a request to purchase timber usable for pulp wood in a section of the Bozeman
Creek Water Shed. owned by the City of Bozeman, which lays on the Middle Creek drainage slope. He
stated it is recommended by the Forest Service that this timber be sold. It was moved by COlmnissioner
Secor. seconded by Commissioner Healy, that the City Manager be authorized to sell the timber for pulp
wood in the section now being logged by the Idaho Fole Company. the pulp wood timber to be logged
according to Forest Service Recommendations, 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.
Application for Wholesale Beer License
The application of the 7-Up Bottling Company for a wholesale beer license was presented. It was
moved by Commissioner Healy, seconded by Commissioner Secor, that the application be approved and the
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license issued 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.
Signs on North Seventh
The question of regulations covering signs which may be erected on No. Seventh Avenue was discussed.
It was pointed out that, in the main business district. signs may be erected to extend ten feet over the
street but in no case shall they extend beyond the curb line. On North Seventh Avenue there is no
established curb line. The Commission therefore established an interpretation of the Building Ordinance
as follows:
1. Signs which are attached to buildings or other apfroved structures erected inside the
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street or property line along North Seventh Avenue may be extended over the street for
€I. distance of not to exceed ten (10) feet provided that the lowest part of any such sign
extended over the street is not less than ten (10) feet above sidewalk or grade level.
2. All other provisions of the building ordinance as pertains to signs shall be in full force
and effect.
Delegates to Firemen's Convention
The Manager stated that the State Firemen's Convention will be held in Lewistown, July 19th to
22nd, 1951, and stated that, in the past, two firemen have attended the state convention, the expense
of one paid by the City of Bozeman and the eXI/enses of the other delegate raid by the local Fire
Department funds. It was moved by Conunissioner Healy, seconded by Commissioner Secor, that two firemen
be authorized to attend this convention and the expenses of one of them be paid from the Fire Fund,
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.
Appointments of Assistant Fire Chief, Captain and Lieutenant
At the suggestion of the City Manager, Acting Fire Chief Penttila met with the Commission to
discuss personnel problems in the Fire Department. It was Chief Penttila's recommendation that there
should be four firemen designated as officers in the department to insure there being a Fire Department
officer on shift at all times. He recommended there be an Assistant Chief, a Captain and a Lieutenant
appointed. The Commission having expressed approval of these positions, and upon further recommenda-
tions of Chief Penttila, the City Manager announced the following appointments to be effective from
July 1, 1951, with salary as shown and to include all longevity pay to which the appointees are entitled:
Nels E. Nelson
John Schmidt
Home r Fi sh er
Acting Assistant Chief
Captain
Lieutenant
Salary $315.00 per month
" 305.00" "
" 295.00" "
It was moved by Commissioner Secor, seconded by Commissioner Healy, that the appointments be
approved with the understanding that should John McCrosson return as Fire Chief, each officer will
be down-graded without prejudice, 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.
Sidewalk Around Whittier School
A proposed plan for the installation of sidewalks around the school building now being constructed
at the corner of North Fifth Avenue and Durston Road was presented. It was pointed out that North
F'ifth Avenue and North Sixth Avenue are only fifty-two feet wide, and the travelled portion of Durston
Roed lays to the south of the street. The plan proposes to construct a 9-foot sidewalk on North Fifth
avenue to the curb line, a five-foot sidewalk on Durston Road to the curb line, and a five-foot sidewalk
on North Sixth Avenue with a 7t-foot parking. It was pointed out that both 5th Avenue and 6th Avenue
abutting this property are only 52 ft. wide. It was moved by Commissioner Healy, seconded by Commis-
sioner Secor, that the plan submitted for this curb and sidewalk be approved with the exception that
the curb on 6th Avenue be changed from the location shown on the plan and be placed so that the outer
(street) face of the curb shall be 10 ft. from property line 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.
Proposed Budget for 1951-52
The Manager further discussed the proposed budget for 1951-52. The budget was complete exoept
as to the Cemetery Fund,completion of which is awaiting word from County Commissioners of Gallatin
County as to whether or not some county funds are to be used for operation of the cemetery. Vllille
no official action was taken, the City Commission gave tentative approval of all of the completed
part of the budget as presented.
Building -- 32 East Main Street
Earl Jennings having made verbal inquiry relative to proposed improvements of a shed building at
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the rear of his store which he occupies at 32 East Main Street. the City Commission and the City
Manager went to view the situation on the grounds. While the proposed alterations on this building
are not in compliance with the building and fire regulations. it was pointed out the improvements
would greatly reduce the existing fire hazard and would be of general improvement and benefit to
surrounding properties. It was thereupon. moved by Commissioner Secor. seconded by Commissioner Healy,
tha t Mr. Jennings be granted a permit for the improvement which will include erection of a cinder
block wall at the south end of the existing building and the insulation and interior covering with
asbestos wall board of the existing frame metal-covered wall of the building, 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.
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Sidewalk -- 402 West Cleveland
The City Commission and the City Manager inspected the property of J. C. Urquhart, 402 West
Cleveland, where a sidewalk has been ordered in along the Fourth Avenue side of Mr. Urquhart's property.
Mr. Urquhart had raised the question of whether or not, in view of the fact that a sidew~k laid one
foot from the property line would leave a parking strip between the sidewalk and the curb of less than
three feet. he might be permitted to build a new sidewalk out to the curb line and continue to use that
part of the street which would then be inside of the sidewalk as part of his yard. After consideration
of the precedent that might be set. the fact that there have been other recent cases where owners have
been required to excavate and build sidewalks in the normal position, and that a sidewalk could be built
here with a retaining wall between it and the property and would not be unreasonably eXfensive. it was
moved by Commissioner Healy. seconded by Commissioner Secor. that Mr. Urquhart's proposal for location
of the sidewalk at the curb be denied end the sidewalk be required to be built in the normal location.
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.
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
oarried 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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