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HomeMy WebLinkAbout1944-03-17 t08 Bozeman, Montana March 17th, 1944 The Commission of The City of Bozeman met in regular session In the Gommission Room, City Hall ~lilding, Friday evening, March 17th, 1944, at 7:30 o'clock P.M. Those being present were Mayor Landoe, Commissioner Healy, Commissioner Lowe, City Manager Quinnell, City Attorney Aitken, Director of Finance Walter Davis and the Clerk, when the follow- ing ~%'oceedi:hgs'::were had to-wi t: 1 The minutes of the last regular session were read, and it was moved by Commissioner Lowe, seconded by Commissioner Hemy that the minutes be approved as read, and the mo- tion ,was cArried by the following Aye and No vote; those voting Aye being Mayor Landoe, Commissioner Healy, and Commissioner Lowe; those voting No, none. Applications for City Licenses The following applications for City Licenses were presented and read: The Cue The Campus Dave Douma The Mode Riddle's May tag Shop Knapp Motors Linfield's Kester Hotel J. A. Bridges A. Q. Bellows A. E. Seisa Dr. C. S. Smi th Dr. W. C. Dawes Gallatin Laundry Ed Howard Co. Fred F. Willson F. L. Dye Co. McCracken Bros. Northern Auto Co. Shell Bulk Plant Poor's Food Store Willard C. Kester Harold C. Sadler Vince's Hair Shop R & K Barber Shop Marquis & Carlson Hines Motor Supply Thomas Calso Service D. Landreth Seed Co. Bailey's Transfer L. W. Keller Dairy Fleming's Wholesale Mt. Sts. T & T Co. Auto Electric Station Lorraine Beauty Shop Keyser's O.K. Tire Shop Fred Claus' Machine Shop Doely's Standard Service H. B. McCay Hardware Co. Montana Air Conditioning Main Street Shell Service Oliver-Stout Implement Co. Super Creamed Ice Cream It was moved by Commissioner Healy, seconded by Commissioner Lowe that the applica- tions be approved and the licenses issued and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Landoe, Commi8sioner Healy and Commissioner Lowe; tho~e voting No, none. Paving on West Dickerson 1 Mr. K. Richardson, Harry Furgeson, Don Correia and Dave Kundert, residents and prop- erty owners on West Dickerson appeared before the Commission and asked what could be done with the nmddy condition of Dickerson Street abutting their property. They stated that some cinders had been hauled in but this gave only temporary relief and they want~ to know what else the City would do to improve this muddy condition. They were informed that as property owners, a petition could be filed for the creation of a special improvement dif1trict, stating the type of paving or improvement desired, but that the City COlJld not finance such an improvement out of its F!'eneral funds. It was explained that special improvements made for and on account of the abutting property are financed by the creation of a special improvement district and the issuing of Special Improvement District Bonds, and that the City could not furnish any part of the cost of such improvements unless it was an abutting property owner. The delegation was also informed that the City Engineer would nlrnish any informa- tion as to street improvement costs that they would need for the preparation of a pe- tition for the creation of an improvement district. Excavation -- 412 West Dickerson 1 The above-mentioned persons also stated that an excavation had been made for a base- ment at 412 West Dickerson, on property owned by Mr. H. A. Croonquist and that it was in a very hazardous condition because of run-off from melting snow filling it full of water. 1 1 1 1J i'!} They stated that there is danger of children slipping on the muddy sides of this excavation and sliding into the deep water, and asked that the City do something to pre- vent such an accident either by filling in the hole, fencing the excavation or in some other manner. The Committee was informed that the City could not legally fill in an eXCAvation on private property or disturb the interests of a private owner unless such owner was main- taining a public nuisance but this did not necessarily mean a private nuisance. The City Attorney !'ead from Section 8653 of the R. C. M. which stated that such a nuisance could be out removed or des troyed wi thin commi tting a breach of the peace or doing unnecessary inJury" by any person if the nuisance is specially injurious to him. It was also suggested by the Commission that the gentlemen notify Mr. Croonquist or his agent of the condition of this basement excavation, and of the owner's liability therefore, and request him to have this hazard removed immediately. Ditch on Eleventh Avenue The condition of Springbrook Creek that runs down part of Eleventh Avenue and at times overflows its banks endangering the lives and property of citizens in that area, was also brought to the attention of the Commissio~. Mr. Don Correia, whose small child was drowned in this creek about two years ago, stated he had inquired several times if the City had done anything to improve the condi- tion mentioned or to prevent another such occurence, but that so far nothing of the kind had been done. He stated that if something was not done ver~T soon he would start suit against the City. After explaining to Mr. Correia thAt as the ditch or creek was not owned by the City, City authorities did not feel that the City was legally responsible for any damage that the creek might cause. Mr. Correia was invited to bring the suit to determine the res- ponsibi11tyand liAbility for the upkeep and, safe condition of the ditch. It was further explained to Mr. Correia that although employees of The City of Bozeman, did not feel they had any direct responsibility for condition of the ditch, they did on occasion, durin~ the spring run-off or other times of high water try to keep the ditch open, to prevent it from flooding streets and basements in the neighborhood. The matter was discussed at length, and the Commission was of the opinion that infor- mation should be obtained as to the owners and users of the ditch whose duty it was to . keep it in a reasonably safe condition, and it was moved by Commisf1:toner Healy, seconded by Commissioner Lowe that the City Attorney be instructed to investi~ate the ownership of and users of the water from Sprlngbrook Creek to see if the responslbUity could be fixed and determined for the upkeep and safe condition of the ditch, and the motion was carried bv the following Aye and No vote; those voting Aye being Mayor Landoe, Commissioner Lowe, and Commis s1 oner Iieal y; those voting No, none. Bond of Quentin Tureck The bond of Quentin Tureck as a policeman in the amount of $1,000.00 was presented. The bond'VIBs approved as to form by the City Attorney, whereupon, it was moved by CommiS- sioner Healy, seconded by Commissioner Lowe that the bond be accepted and approved and the motion was carried by the following aye and No vote; those voting Aye being Mayor Landoe, Commissioner Lowe and Commissioner Healy; those voting No, none. 110 Appointments -- Post War Planning Board The Manager read a communica tion from the local labor unions nomina ting Mr. Robert K. Corrigan as their representative on the City's Post-War Planning Board. Whereupon, Mayor Landoe announced the following as members to the City's Post-War Planning Board: H. H. Dokken Kenneth Richardson B. C. Parker Bess Fowler C. A. Heackel H. T. Porter Geo. Doering Robert Corrigan representing the American Legion representing the Junion Chamber of Commerce representing the Rotary Club representing the Business & Professional Women's Club representing the Chamber of Commerce representing the Kiwanis Club representing the Employer's Association representing the Local Labor Unions It was moved by Commissioner Healy, seconded by Commissioner Lowe that the appoint- ments be approved and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Landoe, Commissioner Healy and Commissioner Lowe; those voting No, none. Mr. ~obert Corrigan was present and he was informed that members would be notified of an organization meeting at some future date. Letter of Thanks -- Use of Armory A letter of thanks from Major Troyer, of the Army Air Force located at Montana State College, for the use of the Army Drill Hall for their anniversary party was presented and read'. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Lowe, seconded by Commissioner Healy that the meeting adjourn and the motion was carried by thefollowina: Aye and No vo te; those voting Aye beIng Mayor Le.ndoe, Commissioner Healy and Commissioner Lowe; those voting No, none. At te s t : ~J~ lerk of the ommi ss ion l/j]~ Me. yor . 1 I 1