Loading...
HomeMy WebLinkAbout1947-04-16 I '.1 I Bozeman, Montana April 16th, 1947 4fj7 The Commission of The City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday afternoon, April 16th, 1947, at l:OO P.M. Those being present were Mayor Healy, Commissioner Sorenson and Commissioner Lowe; City Manager Quinnell, City Attorney Aitken, and the Clerk, when the following proceedings were had to-wit: The minutes of the last regular session were read, and it was moved by Commissioner Lowe, seconded by Commissioner Sorenson that the minutes be approved as read, and the mo- tion was c8rried by the following Aye and No vote; those voting Aye being Mayor Healy, Com- missioner Sorenson and Commissioner Lowe; those voting No, none. Bids for Air Compressor The Manager stated that this was the time and place set for the opening of bids for an Air Compressor. He presented and read the affidavit of publication of the Notice to Bidders, whereupon, it was moved by Commissioner Sorenson, seconded by Commissioner Lowe, that the bids be opened and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. The following Air Compressor bids were thereupon opened and read: Wes tern Cons truc tion Equipmen t Co. All with Electric Starters 2l0CFM 160 CFM 105 CFM (Sullivan) $ 4,600.00 $ $ (Blgs.) (Worthington) 5,373.00 3,636.00 2,650.00 (Chicago) 4,900.00 3,740.00 2,675.00 (Jager) 4,450.00 2,637.75 2,775.00 were given time to answer questions regarding Interstate Truck & Ecuip. Company Hall-Perry Machinery Company Wortham Machinery Company Mont. Powder & Equipment Company Representatives of the bidders present their bids and explain their piece of equipment bid on. After hearing those present, it was moved by Commis sioner Lowe, seconded by Commissi oner Healy tha t the bids be taken under advisement for tabulation and report and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Commissioner Sorenson asked to be excused and permission was granted. Claim for .Jeep Claim No. 364, of the Willys-Olson Motors, in the amount of $1,386.20 for a Jeep was presented. After examination of the Claim by the City Commissioners, it was moved by Com- missioner Lowe, seconded by Mayor Healy that the claim be allowed and a warrant drawn for its payment and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Applications for City Licenses The following applications for City Licenses were presented and read: T. G. Nash Utility Repair Shop A. O. Bellows Kessler Dairy It was moved by Commissioner Lowe, seconded by Commissioner Healy that the applica- tions be approved and the licenses issued and the motion was carried by t he following aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Communication McCrosson as Delegate to Fire Prevention Conference 468 Revenue Bonds for Sewage Disposal Plant Mr. S. Aby of Kalman & Company, which company had agreed to purchase $160,000, of sewer revenue bonds stated that his company would purchase $300,000.00 of Sewer Revenue Bonds at the same price as quoted in their agreement, which was that the bonds redeemed during the first ten years would draw interest at the rate of 2% per annum, and that the interest rate for the balance of the bonds 2!%. It was decided that the resolution calling for a special I election should be checked by the bond attorneys and forwarded to The City of Bozeman for . completion and adoption in the near future. A communication from Governor Ford stating that he has appointed John McCrosson, Fire Chief, to be a member of a delegation to represent Montana at a Fire Prevention Conference in Washington D. C. was presented and read. The communicatlon stated that the State of Montana could no finance the expenses of said representative, and the City Manager was instructed to advise the Governor that the City of Bozeman had no funds that could be drawn upon to finance the trip of a representative to the Conference. Lots at Babcock & Tracy for City Commissioner Lowe reported that the Board of Trustees of the Masonic Lodge # 18 wished to give The City of Bozeman first option on the property they own at the corner of Babcock & Tracy Avenue in Block A of Black's Addition, which could be used in the future by the City for whatever purpose they may need. Communication ~~ Offer to Purchase Park Trailer A communication from E. A. Jensen was read, stating that he would like to purchase a I trailer formerly used by the Park Department. It was decided that the equipment should be looked over to see if it is usable in the Park Department and that Jensen should submit a cash offer for the trailer. Commissioner Sorenson entered and W8S noted present Additional Beer & Liquor Licenses City Manager Quinnell presented the written applications of E. B. Griffin for a City I have issued him the state licenses. Mr. Jim Morrow stated thAt to his knowledge the Board members of the Christian Science Church had not been questioned by the Liouor Control Board as to whether or not thei~ ReAd- 'I I 1 469 ing Room was a place of worship; and tha t he believed it to be the duty of the Ci ty Commis- sion to protect the interest of the people of Bozeman in the matter of limiting the number of retail liquor licenses in so far as possible, as has been done in the past. He said that the Ministerial association opposes the issuing of more licenses, and that the local Liquor Dealers are concerned in that they feel the present law should be complied with. He stated that the present law passed by time Legislature set a limit on the number of retail licenses and that no more licenses can be issued until a population of over llOOO is reached in the City, as there are now 14 licenses, and if additional ones are issued, it will be still'further in excess of the number allowed by the present law. Mr. Morrow stated that Mr. Griffin was not entitled to operate under the present law, as the premises are within 600 feet of a building used exclusively for church purposes, that they were not operating at the time the law was passed, that there is an undisclosed principal involved, and as the law does not permit more than one license to be issued anyone person in order to prevent individual control of the liquor traffic. James Woods, he said, of West Yellowstone, who is thought 'to be the undisclosed principal, already has a liquor license, and if this were permitted a front man could be used for any number of establishments of this character. Mr. Landoe stated that no partnership agreement existed between Mr. Griffin and Mr. Woods, but that the agreement is thc,t Mr. Woods will be repaid for a loan from the profits of the business. City Attorney Aitken stated that under the cases decided by the courts, Mr. Griffin could operate without a city license; and if the City does not issue the license it would lose the amoun t of the license fee. He s ta tad further tha tit seems to be a ques tion of whether or not the present law would exclude liquor establishments not in operation when the law became effective. It was also pointed out that if Mr. Griffin operates his proposed establishment with- out a city license, that difficulty might arise at the time of renewal of other liquor licenses now in operation. Commissioner Lowe stated that in view of the fact that under the present law, the authority to pass on the qualifications of an applicant and the location of a retail liquor establishment is placed in the hands of the Liquor Control Board, and in as much as the Liquor Control Board has approved the qualifications of the applicant and the location of his retail liquor establishment by issuing him a state liquor and a state beer license, thereby indi- cating that the City has no discretion in the matter of whether or not an applicant can retail liquor within the City, but only giving the City the right to collect a license fee, he could see nothing to be gained by refusing to collect such license fees. Thereupon it was moved by Commissioner Lowe, seconded by Commissioner Sorenson, tm t the applications of Mr. E. B. Griffin, for a City Liquor and a City Beer License be approved and that the licenses be issued under protest, thereby reserving to the City any rights which it might otherwise have if any change is made in the status of the applicant or in the interpreta- tion of the law, and the motion was carried by the following Aye and No vote; those vo ting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Delegates to Water Works Convention The Manager stated that the Montana Section of the American Water Works Association and the Montana Sewage Association will hold their annual meeting in Harve April 23rd to 4j'O 26th, 1947. It was moved by Corrnnissioner Lowe, seconded by Commissioner Sorenson that the City Manager and the Water Superintendent be authorized to attend this meeting and that their expenses be paid from the Water Fund, and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Lowe, seconded by Commissioner Sorenson that the meeting adjourn and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. I I I I