HomeMy WebLinkAbout1965-08-04
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Bozeman, Montana
4 August 1965
The Commission of the City of Bozeman met in regular session in the Commission Room, City
Hall Building, Wednesday, 4 August 1965, at 1:00 o'clock p.m. Present were Mayor Morrow, Commiss-
ioner Sedivy, Commissioner Langohr, City Manager Cutting; Ass't. City Manager Fryslie, Acting I
City Attorney Angel and the Clerk.
Mayor Morrow opened the meeting with a prayer and the following proceedings were had:
Minutes of the last regular session held Wednesday, 28 July 1965, were read and it was
moved by Commissioner Langohr, seconded by Commissioner Sedivy, that the minutes be approved as
read and the motion was carried by the following Aye and No, vote those voting Aye being Mayor
Morrow and Commissioners Sedivy and Langohr, those voting No, none.
Petition for sidewalks on West Villard: 7th t,o lUh
A petition signed by property owners of North 9th at the beginning af the 300 block to
Durston Road, North lOth from Beall to Durston Road and West Villard Street from 7th Avenue to
the Junior High School on North 11th Avenue recuesting the City to order sidewalks to be constructed
in this area was presented~ After considerable discussion and in concurrence with the recommend-
ation of the C:it y Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Langohr,
that the City order sidewalks to be installed on the north side of Villard Street between 7th
and 11th Avenues or wherever no sidelrJalks exist on that isde at the present and the motion was
carried. No action was taken in regard to sidewalks on North Ninth and Tenth Avenues pending
investigation. I
Petition - Gravel Alby between North 9ch and 10th in the 300, 400, 500 BloGk
A petition signed by property owners of the alley between North 9th and North lOth Avenues
in the 300, 400, and 500 block requesting the City of Bozeman to grade and gravel the alley bet-
ween North 9th and lOth Avenues in the 300, 400, and 500 block was presented. After an extended
discussion of alley improvements in this area, it was agreed that if the property ovmers of this
area furnished the necessary gravel, the City would do necessary grading and assist in placing
. the gravel.
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\~ $26~000.00 - 180 days CDS.
Reinvestment of City Func:ls:
It was reported by the Director of Finance that $26,000.00 S.D.S. funds now invested in
Certificates of Deposit have matured and he reciuested 8.ut.hority to reinvest the funds in like sec-
urities.
It being in the public interest, the City M~ager concurred with the reouest of the Director
of Finance and recommended authority to reinvest the $26,000.00 S. D. S. funds for a period of
one-hnndred eig,h ty days in Certifica.t e s of Depo sit. It was moved by Commissioner Langohr, seconded
by Commissioner Sediv~l, that the reinvestment as requested by aut horized cmd the motion was caTried
by the following Aye and No vote, those voting Aye being Mayor Morrow, and Commissioners Sedivy I
and Langohr, those voting No, none.
Resolution No. 1211: Declaring Special Assessment Taxes Delinquent
A resolution was being passed as a result of proceedure initiated by Gallatin County to
take tax deeds to certain properties in the City of Bozeman:
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iiesolution No. 1211:
Commission Resolution No. 1211, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN
UNPAID BALANCES OF SPECIAL ASSESSMENTS UNPAID AND DELINQUENT AS OF THIS
DATE. PROVIDED BY ORDINANCE NO. 594, ENTITLED: " AN ORDINANCE PROVIDING
FOR THE COLLECTION OF TAXES xx xxx xx, AND THE COLLECTION OF ALL SPECIAL
I ASSESSMENTS, xx xxx" AND CERTIFYING THIS AMOUNT TO THE COUNTY TREASUHER
AND THE CLERK OF RECORDER OF GALLATIN COUNTY, MONTANA.
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was presented. In concurrence with the recommend ation of the City Manager, it was
moved by Commissioner Sedivy, seconded by Commissioner Langohr, that Resolution No.
1211 be passed and adopted and the motion was carried by the following Aye and No, vote
those voting Aye being Hayor Morrow and Commissioners Sedivy and Langohr, those voting
No, none.
Hesolul~ion No. 1213 -- Authorization of Bonds -- S.LD. No. 454
Resolution No. 1213 authorizing the issuance of bonds of Special Improvement Dist-
rict No. 454 was presented entitled:
COMMISSION RESOLUTION NO. 1213
A RESOLUTION OF THE CITY CO~lISSION OF THE CITY OF BOZEMAN FIXING THE DATE,
MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPHOVEMENT
DISTRICT NO. 454
It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the resolution
be passed and adopted and the motion was carried by the following Aye and No vote, those
voting Aye being Mayor Morrow, and Commissioners Sedivy and Langohr, those voting No, none.
I Resolution No. 1214 - Authorization of Bonds - S.I.D. No. 456
COMMISSION RESOLUTION NO. 1214
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL
IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 456 OF
THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING SANITARY
SEWER LATERAL Y~INS IN A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, LYING IMMEDIATELY WEST OF SOUTH
TWENTIETH AVENUE AND SOUTHERLY OF WEST BABCOCK STREET, INCLUDING TRENCH
EXCAVATION AND BACKFILL, INSTALLATION OF NECESSARY FITTINGS AND OTHER
APPURTENANCES AND WORK INCIDENTAL THERETO.
It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the
resolution be passed and adopted and the motion was carried by the following Aye and No
vote, those voting Aye being Mayor Morrow, and Commissioners Sedivy and Langohr, those
voting No, none.
Resolution No. 1215 -- Authorization of Bonds -- S.I.D. No. 4.57
COMMISSION RESOLUTION NO. 1215
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL
IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 457 OF
THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLINGNATER
MAINS AND SANITARY SEWER LATERAL MAINS ON A PORTION OF SOUTH TRACY AVENUE
BEGINNING AT A POINT 149.55 FEET SOUTHWESTERLY OF THE INTERSECTION OF SOUTH
TRACY AVENUE AND SPRING CREEK DRIVE TO HILL STREET, ON HILL STREET BETWEEN
THIRD AVENUE SOUTH AND HIGHLAND COURT AND ON HIGHLAND COURT BEn'IEEN THE
I SOUTHERLY BOUNDARY OF THOMPSON'S ADDITION NO.3 TO A POINT 199.25 FEET
WESTERLY OF THE INTERSECTION OF SAID HIGHLAND COURT AND SPRING CREEK DRIVE.
n was moved by Commissioner Sedivy, seconded by Commission Langohr that the resolution
be passed and adopted and the motion was carried by the following Aye and No vote, those
voting Aye being Mayor Morrow, and Conunissioners Sedivy and Langohr, those voting No none.
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Hesolution No. 1216 -- Authorization of Bonds -- S.I.D. No. 458
COMMISSION RESOLUTION NO. 1215
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NO. 457 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCT- I"
ING AND INSTALLING WATER MAINS AND SANITARY SEWER LATERAL MAINS ON A
PORTION OF SOUTH TRACY AVENUE BEGINNING AT A POINT 149.55 FEET SOUTHWEST..,.
ERLY OF THE INTERSECTION OF SOUTH TRACY AVENUE AND SPRING CREEK DRIVE
TO HILL STREET, ON HILL STREET BETWEEN THIRD A VENUE SOUTH AND HIGHLAND
COURT AND ON HIGHLAND COURT BETliJEEN THE SOUTHERLY BOUNDARY OF THOMPSON'S
ADDITION NO. 3 TO A POINT 199.25 FEET WESTERLY OF THE INTERSECTION OF SAID HIGH-
LAND COURT AND SPRING CREEK DRIVE.
It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, that the
resolution be passed Bnd adopted and the motion was carried by the following Aye and No
vote, those voting Aye being Mayor Morrow, and Commissioners Sedivy and Langohr, those
voting No, none.
Petition for change of Bar closing hour: From 01:00 to 02:00 A.M.
The petition signed by tavern O"W11ers and club stewards of t.he City of Bozeman asking
that the time for closing of bars in Bozeman be changed from 1:00 o'clock a.m. to 2:00 o'clock
a.m. and that Section 4.16.010 and 4.16.020 also known as Ordinance No. 811 to be amended,
filed on July 28,1965, was presented.
Following a thorough discussion of Sections 4.16.010 and 4.16.020 by the City Conunission
and Mont.ana State University officials and a review of accident statistics of the Montana
Highway Patrol, it was moved by Commissioner Langohr, seconded by Commissioner Sedivy, that
in concurrence with the City Managers recorrunendation, the reC1uest of the petitioners to I
ammend Sections 4.16.010 and 4.16.020, also known as Ordinance No. 811 be denied as being
in the best interests of the City of Bozeman and the University and the motion was carried
by the following Aye and No vote, those voting Aye being Mayor Morrow and Commissioners
Sedivy and Langohr those voting No, none.
Public Hear'ing Annual Budget:
This was the time and place set for public hee.ring on the Appropriation Ordinance
No. 854 for the fiscal year ending June 30, 1965.
Affidavit of publication of notice of hearing was presented. No one appeared to
verbally protest and the Clerk of the Commission stated no formal protest had been filed
in opposition to the adoption and passage of the proposed ordinance and accompanying annual
appropriation budget. In concurrence with the recommendation of the C:ifcr Manager, it was
moved by Commissioner Sediv;y, seconded b3' Corrunissioner Langohr, that the Clerk of the
Commission be authorized and directed to publish the ordinance as reo,uired by law and the
motion was carried by the following Aye and No vote, those voting Aye being Mayor Morrow
and Corrunissioners Sedivy and Langohr, those voting No, none. I
Resolution No. 1217 -- Tax Levy
Resolution No. 1217 setting the tax levy at 51.5 mills for the year 1965 was pre-
sented, entitled:
COM}1ISSION FlliSOLUTION NO. 1217
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DETERMINING THE AMOUNT
OF CITY TAXES FOR ALL PURPOSES GENERAL AND SPECIAL, TO BE LEVIED AND ASSESS
ON TAXABLE PROPERTY IN THE CITY OF BOZ]}lAN, STATE OF MONTANA, FOR TIlE FISCAL
YEAR ENDING JUNE 30, 1966.
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It was moved by Commsssioner Langohr, seconded by Commissioner Sedivy, that the resolu-
tion be pRssed and 8.dopt.ed and the motion W8S carried by the following Aye and No vot.e, tho S8
voting Aye being Mayor Horrow and Commissioners Sedivy and Langohr, those voting No, none.
Aut.hori GO purchase "Grass King" Lawn Mower: Estimated cos" $850.00
I The Cit3' Manager reported thRt the Park Department has need for ::1 new lawn mower :lOd
requested authority t,o purchase a Gr:'lSS King LahTI Mower at ::m .1.pproxirwlte cost of $850.00.
It was moved by Commissioner Sedivy, seconded by Commissioner Langohr, t.hat the purchase of
t.he Grass King La\\'11 Mower be authorized and the motion '/VA s carried by the following Aye and
No vote, those voting Aye being MA.yor Morrow, and COITunissioners Sedivy Clnd Langohr, those
voLing No, none.
ContraCGS for Execution: Frank J. Tnmk & Son - SID No's. 454-4S6-45?-4[38.
The contract document. s for construction of SpecicJ.l Improvement District No's. 454-456
457-458 as awarded to Frank J. Trunk & Son, Bozeman, Montana, on July 21, were presented.
The contracts and bonds were approved as to fOrm by the Acting City Attorney, and it was
moved by Commissioner Langohr, seconded by Comnissioner Sedivy, thelt the ~:ayor and the
Clerk of the COlTunis~;ion be authorized to sign the contracts for the City of Bozeman and the
bid securitJ' be returned to Frank J. Trunk and Son, Bozeman, and the motion was carried b;1'
the following Aye and No vote, tho se voting Aye being Ma;yor MorrQ1,v, and Corrunissioners Sedivy
and Langohr, those voting No, none.
Contracts for Execution: Wallace Diteman, Inc. , 1965 Sidewalks
I Performance bond and contract documents for the contract of wallace Diteman, In c . ,
awarded July 21, 1965, for the construction of miscellaneous walks and curbs within the
City of Bozeman for the year 1965, were presented. The bond and contract were approved AS
to form by the Acting City Attorne;y, and the City Manager reported that the City hEld evidence
the contractor is a.dequately insured and recommended that the Mayor and the Clerk be authorized
to sign the contract for the City. It was moved by Commissioner Sedivy, seconded by Comrdssioner
Langohr, that the Mayor and the Clerk be authorized to sign the contract for the City of
Bozeman and the motion was carried by the following Aye and No vote, those voting Aye being
Hayor Morrow, and Commissioners Sedivy and 1angohr, those voting No, none.
Garbage Assessment abatement: Sout.h of Kagy Lane:
" The City Manager reported that garbage collection service for residents residing south
of Kagy Lane and east of South Third Avenue in the 'destddge and Thompson's Third Additions
to the City of Bozeman is now being satisfactorily provided by Mr. F.E.(Sonny) Suhr. After
due consideration, the Commmssion directed that it still be considered as a convenience to
the City not to collect garbage in this area and that collections by a private collector,
at the expense of the individula. O1rmers, be permitted to continue on a temporary basis with
I definite understanding that the City may take over the collections at any time t.hey consider
that conditions make it desirable or necessary to do so and that during this period no
assessments of the. subjecT, properties will be made by the City for garbage collection.
HepoX'ts for July
The following reports were presented:
Libraricm Police Chief
Fire Chief Police Judge
The City Nanager corrunented on the reports and recommended their a.pproval. IL was moved
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by Commissioner Langohr, seconded by Commissioner SediV'J, that the reports be approved and
the motion was carried by the following Aye and No vote, those voting Aye being Mayor Morrow
and Conmlissioners Sedivy and Langohr, those voting No, none.
Claims for July
Claims No. 2059 thru 2384 inclusive, were presented on the various funds as follows: I
Fund Amount Fund Amount
General $23, 6{)9. 92 Band $ 1,252.34
Street $ 8,403.35 Garbage $ 6,532.14
Water $22,863.49 Parking Meter $ 3,638.79
S.D.S. $ 3,768.30 Police Res. $ 774.55
Library $ 2,080.94 P.E.R.S. $ 1,311. 56
Planning Board $ 30.00 S.I.D.'s $65,112.51
Park $ 8,786.49 Driver Training $ 108.00
Cemetery $ 6,655.60 Municipal Bldg. Fund $58,357.72
$213,345.70
The City ~anager commented on the claims and stated he had audited them and found them
to be true and lawful claims against the City of Bozen-can and recommended that they be approved
and the Direct,or of Finance be directed to issue warrants in payment. Aft,er examination of
the claims in detail and checking against the claim register, it was moved by Commissioner
Sedivy, seconded by Commissioner Langohr, that the claims be approved and the motion was
carried by the following Aye and No vote, those voting Aye being Mayor Morrow and Commissioners
Sedivy and Langohr, those voting No, none.
Change of name of Collage St.reet
Commissioner Sedivy raised the question as to what action would be necessary to change the
name of College Street to University Street, as has been suggested. Commissioner Sediv;y was I
informed that street names may be changed by City ordinance but that a petition from i~he
property owners on the thoroughfare should be rec:uested by the Commission before such action
is taken.
JC's -- Request Lo place ticket. booth on Main Street. (Rodeo)
A letter received from Bud M.qlby, Chairman of the Bozeman Jaycee Roundup for permission
to place a ticket booth in a parking meter stall in front of the Montana Power Building for
the dates of August 6th through the 14th and a reCluest to stage their annual public Ba.rbeque
at the oval at the Bozeman Senior High School was presented. The City Manager recorrunended
that permission be granted and it was moved by Commissioner Langohr, seconded by Commissi.oner
Sedivy that the recuest be granted as recorrunended by the City Manager and the motion was
carried by the following Aye and No vote, those voting Aye being Mayor Morrow, and Commissioners
Sedivy and Langohr, those votirgNo, none.
Mrs. Helen Johnson-Ft8:.,1 ESGate
A letter from Mrs. Helen Johnson, Realtor dated 26 July 1965 offering to sell to the
City certain properties on Lamme Street across from the Bozeman Deaconess Hospital on a long I
term basis was presented.
The Commission directed that Mrs. Johnson be informed that the City is not in a position
at this time to make a commitment of any nature in regard to the purchase of property for
parking lot purposes.
Adjournment
There being no further business to come before the Commission, it was moved by
Commissioner Sedivy, seconded by Commissioner Langohr, that the meeting adjourn and the
motion was carried by the following Aye and No vote, those voting Aye being Mayor Morrow
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and Conunissioners Sedivy and Langohr, those voting No, ~
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I At~: d~
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Clerk of the City Conuniss'
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