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HomeMy WebLinkAbout1971-04-21 108 I Bozeman, Montana 21 April 1971 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 21 April 1971, at 1:00 o'clock p.m. Present were Mayor Langohr, Commissioner Morrow, Comm- issioner Grabow, Commissioner Vollmer, Commissioner Sedivy, City Manager Fryslie, City Attorney Berg and the Clerk. Mayor Langohr opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held 14 April 1971 were approved as read. Consideration of Resolution No. 1460 - Intent to Rezone Edsall Property: Commission Resolution No. 1460 to reclassify and change from a Class "A" Residential Zone to Motor Business Zone the east 150 feet of Lots 8-B and 8-c of the Homesite Subdivision owned by Wayne Edsall was again presented following a delay of an additional week for the presentation of restrictive covenants. The City Manager recommended that the Commission uphold the decision of the Board of Adjustments and that the east 150 feet of Lots 8~B and 8-C in the Homesites Subdivision of the City of Bozeman, currently zoned "A" Residential, be rezoned "MB" Motor Business Zone. The Commission concurred with the recommendation of the City Manager and the City Attorney and it was moved by Commissioner Morrow, seconded by Commissioner Grabow, that they accept the recommend- ation of the Board of Adjustments with reference to the proposed ordinance to reclassify and change from Class "A" Residential Zone to Motor Business Zone the east 150 feet of Lots 8-B and 8-C of Homesites Subdivision and that Commission Resolution No. 1460 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commiss- ioner Grabow, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. It was then moved by Commissioner Grabow, seconded by Commissioner Vollmer, that the City accept the restrictive covenants as proposed by Wayne Edsall and Marcia Edsall owners of the east 150' of Lots 8-B and 8-C of the Homesites subdivision as follows: (a) The involved areas use be limited to that of trailers not to exceed five in number and as an extension of the Nelson Trailer Court, and (b) That access to the area be restricted by covenant to access through the Nelson Trailer Court and not on North Seventeenth Avenue. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, I Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow and Mayor Langohr; those voting No, none. Upon request of the City Manager and upon Commission direction, the Clerk of the Commission was instructed to reinstate in the minutes, the proposal made by Esther Nelson on 3 March as follows: (1) That three dwellings owned by herself and fronting on North Seventeenth Avenue be rezoned from the present Motor Business to "A" Residence. (2) That the City of Bozeman should establish a residence zoning for mobile homes rather than permitting mobile homes only in motor business and industrial zones as is now provided for in the Zoning Code. Hearing Resolution No. 1461 - Intent to Annex Triangle Area; No. 1l~65 - Annexing Triangle Area 52.84 Acres: During the regular session of the City Commission held on 24 March 1971, the Commission regular- ly passed and adopted Commission Resolution No. 1461 declaring it to the best interest of the City of Bozeman and the Inhabitants thereof to extend the boundaries of the City of Bozeman several tracts of land lying northerly of the centerline of West College Street, wes ter1y of and contiguous to Strozzi's First Subdivision now a part of the City and lying southeasterly of U.S. Highway No. 191. This being the date for public hearing as set forth in said Commission Resolution No. 1461, the affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified as required by law was presented. There being no protests filed and no one present to protest the annexation of the triangle area the City Manager recommended that Commission Resolution No. 1465 to accomplish the extension of the City Limits, entitled: COMMISSION RESOLUTION NO. 1465 A RESOLUTION OF TIlE COMMISSION OF THE CITY OF BOZEMAN EXT!:NDING THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE CERTAIN TRACTS OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. prepared by the City Attorney was presented. It was moved by Commissioner Grabow, seconded by Comm- issioner Vollmer, that Commission Resolution No. 1465 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow, and Mayor Langohr; those voting No, none. I I I I Commission Policy - Extension of Water & Sewer Utilities Outside of City Limits: The City Manager presented suggested provisions for policy concerning Water and/or Sewer extensions outside of the City Limits as follows: Section 11-1001, R.C.M., The following factors will be considered by the City Commission in deciding whether or not to extend water and/or sewer lines outside of the City limits and the City Manager will be responsible for submitting background information and tecommendations in- these matters: 1) Orderly growth and development of the City of Bozeman. 2) Water and Land polution abatement or control. 3) Need of the property requesting the services; such need to be determined and priority established by the City Commission. 4) Capacity of the utility system to serve the property request- ing connection. Extension of water and/or sewer utilities outside the City of Bozeman will not be approved if the property to be served has been determined through an engineering analysis to be outside of or beyond land areas that the existing water s system, sewer collection system, or sewage treatment facilities are designed and constructed to serve. All cost of water and/or sewer line extensions outside of the City limits will be borne oy the owners of the prop~ty to be served. However, an additional agreement may be entered into setting forth connection charges and disposition of revenue from these charges that will be made when additional properties, not affected by the original agreement an~ utility construction, request per- mission for connection to the utility lines. Any person, firm or corporation receiving water and/or sewer service oustide of incorporated City limits will be required by the City Commission to consent to annexation of the property served by the City of Bozeman. All extensions of water and/or sewer lines outside of the City limits made under the provisions of Section 11-1001 RCM, 1947, arid this resolution or ordinance will be constructed to design and specifications approved by the City Engineer prior to installation of said water and/or sewer lines. Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the City Attorney be instructed .to draw up the appropriate resolution including the suggested provision to be presented to the City Commission at an early date. The motion was carried by the following Aye and No vote: those voting Aye-being-Commissioner Vollmer, Comnlissioner Sedivy, Comm- issioner Morrow, Commissioner Grabow and Mayor Langohr; those voting No, none. Request to Connect C~vered Wagon Mobile Home Park to City Utilities: An application submitted by J. W. Tschache requesting connection of City Water and Sewer lines for his Covered Wagon Mobile home park was presented for discussion. Following a discussion, it was recommended by the City Manager, concurred in by the City Commission, that they acknowledge receipt of the request submitted by J. W. Tschache and that it be taken under advisement. Proclamation "Law Day" 1 May 1971: In accordance with a request from the Gallatin County Bar Association, Mayor Langohr announced his proclamation of 1 May 1971 as "Law Day" and called upon all citizens, organizations, churches, schools and lay groups to recognize this special day through appropriate programs. It was moved by Commissioner Sedivy, seconded by Con~issioner Morrow, that they concur in Mayor Langohr's pro- clamation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer and Mayor Langohr; those voting No, none. Request to Conduct Fund Drive for Gallatin Retarded Children - AOPI Sorority and Sigma Nu. Fraternity: A letter received from the Alpha Omicron Pi Sorority and the Sigma Nu Fraternity requesting permission to conduct a Fund drive in Bozeman on Saturday, 24 April, for the Gallatin Valley Retarded Children's Associated was presented. It was moved by Commissioner Morrow, seconded by Commissioner Grabow, that the request be granted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr, those voting No, none.- Commission Resolution No. 1464 - Depository Banks for City Funds: Commission Resolution No. 1464 designating depository banks for funds of the City of Bozeman was presented, entitled: Commission Resolution No. 1464 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DESIGNATED DEPOSITORY BANKS FOR FUNDS OF THE SAID CITY OF BOZEMAN AND DESIGNATING THOSE EMPLOYEES AND/OR OFFICERS OF THE SAID CITY OF BOZEMAN AUTHORIZED TO SIGN CHECKS AND DRAFTS AGAINST SUCH FUNDS. 109 110 It was moved by Commissioner Grabow, seconded by Commissioner Vollmer. that Commission Res- olution No. 1464 designating the banks for the deposit of City funds and designating those officers and employees of the City of Bozeman to sign checks and drafts and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Vollmer. Comm- issioner Sedivy and Mayor Langohr and Commissioner Morrow; those voting No. none. ~nation of Depository Bonds and Securities: In compliance with the provisions of Section 16-2618. R.C.M., 1947, the City Commission pro- ceeded with the examination of the receipts of Depository Bonds and Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the securities be approved and a list thereof be set forth in full in the minutes of the meeting and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Morrow, Commissioner Grabow and Mayor Langohr; those voting No, none. DEPOSITORY BONDS & SECURITIES 31 MARCH 1971 FIRST NATIONAL BANK - Bozeman Federal Deposit Insurance Corporation Trusteed with Federal Reserve Bank of Mp1s.: U.S. Treasury Bonds of 1974, 4~%, due 5-15-74 St. of Calif. State School Bldg. Aid Bond Ser. FF, 5% due 9-1-76 State of Maryland, Gen. Pub. Jr. or Community College Constr. Loan 1962 Ser. K, Issue of 7-1-64, 3%, due 7-1-77 St. of Calif., St. Constr. Program Bd. Ser. M, 3.40%, due 7-1-84 St. of New York Highway Constr. Bond 3%, due 10-1-78 State of Maryland Hosp. Constr. Loan 1964, Ser. Z, Rate 3.10% due State of Vermont Highway Bonds, rate 3.60%, due 6-1-81 State of New York Hsng. Bond, Rate 1 3/4%, due 11-1-79 State of Oregon Vets, Welfare Bond Ser. XXLL, Rate 3.60% due 1-15-81 State of N. Hampshire Cap. Imp. Bond Univ of N.H. 1965 3.40%,due 3-1-81 State of Calif. Vets Bond Act..1962 Ser GG, Rate 3.4%, due 10-1-81 U.S. Treaury Notes Ser A-75, 5 3/4%, due 2-15-75 St. Board of Educ. Ex Officio Regents, Mont. Univ. Sys., MSU Bond Ser. 1970, Rate 6%, due 1-1-73 2 @ 5000.00 due 1-1-74 2 @ 5000.00 due 1-1-75 2 @ 5000.00 due 1-1-76 3 @ 5000.00 Bozeman High School District of Gallatin County, Mont., School Bldg. Bond, Rate 3%, due 7-1-77 15 @ 1000 U.S. Treas. Note Ser. A-74,S 3/4%, due 11-15-74 U.S. Treas Bonds of 1974, 3 7/8%, due 11-15-74 U.S. Treas Notes, Ser. D-72, Rate 6 3/4%, due 5-15-72 RECEIPT NO. 10619 10874 10883 11558 11559 3-1-82 13078 13080 13149 13150 13151 13152 14599 TOTAL SECURITY BANK & TRUST COMPANY - Bozeman Federal Deposit Insurance Corporation Trusteed with Northwestern National Bank of Mp1s. Northwestern Nat'1. Bank of Minn., Gallatin Cty, Mont. School District #44, Belgrade, Rate 4.10% due 1-1-77, School Bonds 4.00% due 1-1-76, 4.00% due 1-1-75, 4.00% due 1-1-74, 4.00% due 1-1-73, Trusteed with Federal Reserve Bank of Mpls.: U.S. Treas. Bonds of 1980, 3~%, due 11-15-80 U.S. Treas. Notes, Ser. B-7l, 6~%, due 2-15-78 Trusteed with National Bank of Commerce of Seattle, U.S. Treas. Bonds 4%, due 8-15-73 GALLATIN TRUST & SAVINGS BANK - Bozeman Federal Deposit Insurance Corporation Trusteed with Marquette National Bank of Mpls.: St. of MOnt. Cty of Jefferson, City of Boulder, G.O. Sewerage System Bonds, 4.71%, due 2-l5~87-72 Ennis, Mont., Madison Cty, Sewer Constr. Bond 4.45%, due 9-1-67/86 State of Mont., Cty of Madison, SD#5, due 11-1-87 5% State of Bont., Cty of Dawson, Glendive, Htr & SWr Sys. Bond due Trusteed with Federal Reserve Bank of Mpls.: U.S. Treasury Bonds of 1967-72, 2~%, due 9-15-72 3 Forks High School Dist. 1fJ-2/+ of Gall. & BroadHater Co. 5%, due 1-1-89 School Dist. #1 Silver Bow Cty, Mont., due 7-1-85, 4% Cty of }linera1 Mont., Hospi tal Bond due 12-15-8/+, !h5io School Dist. #3 of Ravalli Cty, Mont., due 1-1-88, 5% School Dist. #3 of Lewis & Clark Cty, Mont., due 12-15-86, 4.7% 14758 14759 14761 14762 14765 14825 14827 15161 3032 3033 3034 3035 3036 10274 10272 3103 291l+ 2729 341+9 7-1-82/79 1404 TOTAL 1301 HIl+237 lU/+238 HI4239 HI/+2l~0 HIl.2l.1 I TOTAL AMOUNT $ 20,000.00 200,000.00 20.000.00 20,000.00 20,-000.00 30,000.00 30,000.00 30,000.00 40,000.00 30,000.00 30,000.00 30,000.00 200,000.00 10,000.00 I 10,000.00 10,000.00 15.000.00 15.000.00 50,000.00 100,000.00 200,000.00 $1.110.000.00 $ 20.000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 40,000.00 196,000.00 100,000.00 $ 381,000.00 $ 20,000.00 I 75,600.00 106,250.00 42.500.00 40,000.00 2.000.00 10,000.00 15,000.00 13,600.00 45,500.00 16,000.00 $ 386,450.00 I I I This is to certify that we, the Commission of the City of Bozeman, in compliance with the Provisions, of Section 16-2618, R.C.M., 1947, have this day examined the receipts of the Federal Reserve Bank of Minneapolis, the Northwestern National Bank of Minneapolis, the Marquette Nat- ional Bank of Minnespo1is, and the National Bank of Commerce of Seattle, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman Funds by the several banks of Bozeman and find them to be as above stated, are hereby accepted and approved. Signed By: Don M. Langohr, Mayor Signed By: R. Harry Morrow, Commissioner Signed By: Edmund P. Sedivy, Commissioner Signed By: William E. Grabow, Commissioner Dated: 20 April 1971 Signed By: James ~'7. Vollmer, Commissioner Reports: The following reports were presented: Director of Finance Cemetery The City Manager commented on the reports and recommended the approval thereof. It was moved by Commissioner Sedivy, seconded by Commissioner Morrow, that the reports be approved and ordered filed and the motion was carried by the follm'ling Aye and No vote: those voting Aye being Commiss- ioner Sedivy, Commissioner Morrow, Commissioner Grabow, Commissioner Vollmer and Mayor Langohr; those voting No, none. AdjournmentL There being no further business to come before the Commission at this time, it '~as moved by Con~issioner Morrow, seconded by Commissioner Grabow, that the ting be adjou .~~ and the motion was carried by the following Aye and No vote: those voting Commission r ~orrow I ioner Grabow, Commissioner Vollmer, Commissioner Sedivy and v9ting DON i1/\~ C' ATTEST: :l11