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HomeMy WebLinkAbout1952-01-23 !)9 Bozeman. Montana January 23. 1952 The Commission of the City of Bozeman met in regular session in the Commission Room. City Hall Building. Wednesday afternoon. January 23. 1952 at 1:00 o'clock P. M. Present were Mayor Secor, Commissioner Lowe. Commissioner Erwin. City Manager Henderson. City Attorney Lovelace. and the Acting Clerk when the following proceedings were had: I Minutes of the last regular session were read. and it was moved by Commiss ioner Erwin, seconded by Commissioner Lowe. that the minutes be approved as read, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Erwin and Commissioner Lowe; those voting No. none. Discussion - Baxter Hotel Cabaret Mr. R. B. MacNab was present and presented an informal request for permission to operate a cabaret in the Baxter Hotel. City Attorney Lovelace submitted a written opinion concerning the applicable city ordinances. While sale of beer and liquor is expressly forbidden in dance halls and at public dances. and public dancing is not permitted on premises where beer and liquor is sold. exception seems to be made to premises where the sale of beer and liquor is incidental to the primary business conducted on said premises, and this primary business is duly licensed by the City. City Attorney Lovelace stated that. in his opinion. while there seemed to be some conflict in various sections of applicable ordinances. a reasonable ruling could be made based on the intent of the ordinances. After discussion. it was moved by Commissioner Lowe. seconded by Commissioner Erwin. the. t the I problem be considered further. and final decision postponed until a later meeting. and the motion was carried by the followi ng Aye and No vote: those voting Aye being Mayor Secor. Commissioner Erwin and Commissioner Lowe; those voting No. none. Discussion - Long Beach Resolution City Manager Henderson presented two letters received from the City Manager and Mayor of Long Beach. California. and a copy of a resolution passed and adopted by the City Council of Long Beach. concerning S. 940 and HR 4484. now pending before the 82nd Congress. and the seizure of municipal property by the Federal Government under the doctrine of "paramount power" recently announced by the United States Supreme Court. The letters requested that a similar resolution be adopted by the City of Bozeman and copies of it sent to the Senators and Congressmen from Montana to urge their support of S. 940 or H. R. 4484. The subject was discussed at length by the City Commission and it was felt that. while the infor.mation available indicated that the specific legislation referred to concerned tide lands and navigable waters and was therefore no legitimate concern of the City of Bozeman. a general statement of disapproval of actions by states to infringe on the basic ri ghts of cities and towns or of actions by the Federal Government to infringe on the basic rights of states or sub-divisions thereof could I well be made. City Attorney Lovelace was therefore instructed to draft a letter setting for the opinions "of the ,Comniss"ion." this letter to be presented for consideration at a later meeting. Complaint - Snow Dump in Bogert County Commissioner George Stucky was present and stated that he represented residents on South Church Avenue who wished to register a complaint against the City dumping snow. which is removed from the streets. in Bogert Park. He stated that. as the piles of snow melted, they became unsightly and the debris picked up with the snow became a nuisance and. in his opinion. was definitely hazardous to the safety and health of the surrounding area. At the request of Mr. Stucky. Dr. Carl Hammer. City-County Health Officer. and Lester Groom. iOO Sanitarian of the City-County Health Office. were present. Each of these gentlemen stated that. in his opinion. there is no health hazard from these piles of snow although the condition might be considered a potential hazard to public health. City Manager Henderson explained that it has been the practice for many years to use Bogert Park as a place on which to dump snow removed from the streets. Among reasons for this use are that Bogert Park is close-in and conveniently located, it has ample area on which to pile the snow. and I it is city owned. To secure Ell other area on which to dump the snow would neoessi tate acquiring or leasing ground and. if the snow had to be hauled a greater distance. it would either require more equipment and labor or would reduce the amount of snow whioh could be removed. The matter of eoonomy of operations has therefore been a prime factor in using Bogert Park as it has been used. The Commissioners informed Mr. Stucky of their definite interest in any reasonable complaint or request. particularly one which might affeot the health and welfare of citizens. They assured him that this matter would be investigated further with the view of eliminating cause for the complaint if it is found reasonably possible to do so. Adjournment There being no further business to oome before the Commission at this time, it was moved by Commissioner Erwin. seconded by Commissioner Lowe. that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor, Commdssioner Lowe and Commissioner Erwin; those voting No, none. Iv. t2~ I Mayor Attest: '8.~ l~ Acting Cle rk of the i ty Corom ss on I