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HomeMy WebLinkAbout1979-05-23 .,~ ,~ (~. L..L;j May 23, 1979 Bozeman, Mt. I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 23, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Plana1p and the Clerk. Commissioner Vollmer opened the meting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, May 16, 1979, were approved as submitted. Consideration of Bid -- Bituminous Plant Mix- Street Department The Street Superintendent and the City Staff having completed their study of the bid of Pioneer Ready Mix, it being the only bid submitted, recommended that Pioneer Ready Mix of Bozeman be awarded the bid for the purchase of 4,500 tons of plant asphalt mix at $62,850.00. The bid met or exceeded the specifications as contained in the "Call for Bids." The Commission concurred with the recommendation of the Street Superintendent and the City Staff, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Pioneer Ready Mix of Bozeman be awarded the bid for the purchase of the bituminous plant mix on the basis of their bid in the amount of $62,850.00. The motion was carried by the following Aye and No, vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Consideration of Bids - Wheel Loader Backhoe - Water Department I The Water Superintendent having tabulated and evaluated the bids submitted for the pur- chase of a new wheel loader backhoe, recommended that the City accept the bid of Manhattan Machinery Company, Manhattan, in the amount of $10,445.00 F.O.B. Bozeman, it being the lowest and best bid submitted and meeting or exceeding the specifications as advertised in the "Call for Bids." It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer that the Com- mission concur in the recommendation of the Water Superintendent, also concurred in by the City Manager, that the award be made to Manhattan Machinery Company, Manhattan, on the basis of their low bid. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing - Planning Staff - Extension of City's extraterritorial zoning boundary and the establishment of appropriate zoning classifications I This was the time and place set for a public hearing to consider the request of the Planning Staff to expand its three mile extraterritorial zoning boundary to the full three mile limit as provided for uner Title 76, Chapter 2 of the Montana Code Annotated, 1978. In 1973, the City, for the first time, exercised its legal prerogative and established extraterritorial zoning outside its municipal limits. An initial three-mile zoning boundary was created and zoning classifications within that area were established. There have been no changes to that boundary since it was first created. At the. time this action was taken, the three mile zoning boundary was not extended to its full three mile legal maximum in all directions. Additionally, new areas have been added to the City since 1973 via annexations which provided potentially greater extraterritorial zoning jurisdiction. The City Manager advised the Commission that this matter had previously been heard by the Zoning Commission, and the opponents were present by legal counsel at that hearing. The City Manager commented on what the memorandum suggested. He stated Commissioner MacNab was absent and felt that perhaps the opposition would prefer a full Commission to hear the matter. This portion of the meeting was taped so that Commissioner MacNab could have the benefit of the entire hearing at his convenience. The City Manager further advised the Commission that if the opponents wished to be heard by four Commission~rs, they could. Regardless if the Commission holds the hearing today, it will be continued until June 13. The Mayor declared the hearing opened. One of the chief objections voiced by the opposition has been inadequate notice. In order to eliminate any suggestion of uncertainty as to whether a given property owner is included in this zoning extension or not, the City will publish four notices listing the names of everyone involved. The notices will appear during the interval between May 23 and June 13; two in Sun- .220 day publications, and two others during the week. This will afford everyone an opportunity to see whether or not their property--or any portion of it--is included, and to pursue the matter further here at City Hall with those involved. Michael Nash, representing a group of landowners within the area addressed the Commis- sion. He stated the group opposed the extraterritorial extension on the basis that the process is fraught with legal difficuties. Ray Myers living south of Bozeman had some very strong feelings about the expansion of the City's three mile extraterritorial zoning boundary and the establishment of appropriate zoning classifications. He felt the City should assist people and not tell them what to do. He was not completely against planning, but wanted it researched and done right. Vince Grant asked where the lines started and who would do the surveying to find out where the county starts and stops. Dan Morris addressed the Commission regarding the imaginary lines. He said imaginary is great but would be pretty hard to print on a contract. He wondered what was wrong with the radius system instead of the block system. Attorney Michael Nash suggested the city expand its zoning jurisdiction only to properties where there is no opposition, Following considerable discussion, the Mayor advised all persons present that the hearing would be continued until June 13, 1979, and that the City would publish four notices in the Bozeman Daily Chronicle. The notices will appear during the interval between May 23 and June I 13. Continued discussion - reDarvin Smith placing of mobile home on agricultural property southwest of City of Bozeman Mr. Darvin Smith's request to move a mobile home located at the extreme northeast corner of the property located southwest of the City to the southeast corner of the property located south- west of the City had been referred to the City staff for study and a recommendation. Mr. Smith lives just south and west of the Boylan property, west of South Nineteenth. There are two mobile homes located in the northeast corner of the property owned by the Smiths. Following discussion, the City Manager suggested that the Commission grant Mr. Smith per- mission to move one of the Mobile Homes from the Northeast property to the southeast corner of the property. Another mobile home should not be moved onto the lot vacated by the present mobile home. I Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, second- ed by Commissioner Vollmer, that Mr. Smith be given permission to move the mobile home from the present location to the southeast corner of the property located southwest of the City and another mobile home not be moved to the lot vacated by the present mobile home. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com- missioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Petition - Request to vacate Beall Street between Tenth and Eleventh Avenue A petition signed by several property owners requesting the vacation of the right-of-way on Beall, between Tenth and Eleventh Avenue was presented. The right-of-way is narrow and is used as a walk-way primarily by students from the Junior and Senior High School. The right-of-way cannot be entirely vacated because of the existence of a utility line in that area. The City Manager felt that one alternative would be to close the right-of-way without va- cating it. This might allow the abutting property owners to improve the property, but prohibit any structures on the right-of-way. Dr. Jim Willson addressed the Commission in regard to vacating the right-of-way on Beall, between Tenth and Eleventh Avenue; felt the situation would be much better if some of the traffic could be removed from the area. Commissioner Swanson stated it would have to be determined whether there is a need for foot traffic in that area. They would have to make a determination whether to vacate or close the right-of-way. Commissioner Swanson moved that the ditch be filled, a fence be erected and a more or less official or recognized walk-way be developed. I , 1,'" ~1! .c..LJ The motion died for lack of a second. The City Attorney advised the Commission that there is the question of the existence of a utility line. This should be researched before making a decision. Commission Resolution No. 2067 - Intent to Create SID 614 - Paving and Storm Drain East Garfield between Tracy and Chicago, Milwaukee Railway I Commission Resolution No. 2067, declaring the intention to create SID No. 614, for the installation of paving and storm drains on East Garfield between South Tracy and the Chicago, Milwaukee Railway, as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 2067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 614 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUT- TERS, AND NECESSARY APPURTENANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON EAST GARFIELD STREET BETWEEN TRACY AVENUE AND THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILRAOD TRACKS IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vollmer, seconded by Commissione Swanson, that Commission Resolution No. 2067 be passed and adopted, and June 13, 1979 be the date set for the public hearing. The motion was carried by the following Ayeand No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, those voting No being Mayor Sedivy. Petition - Montana Conference Association of Seventh-Day Adventists request annexation of nine acre tract into the City I A letter received from the Montana Conference Association of Seventh-Day Adventists request- ing that a nine-acre tract of land adjoining the City of Bozeman be annexed into the City was presented. The land involved is a tract of land lying in the SW\, SE~ of Section 8, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana, and containing 9.036 acres. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the re- quest for annexation be referred to the City Staff for their study and recommendation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Notice of Public Hearing - proposed Facility Plan - Sanitary Sewer System and Sewage Treatment Plant improvement for City It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Tuesday, July 10, 1979, at 7:30 o'clock p.m. be the date set for a public hearing to receive public com- ment on the proposed Facility Plan, an Engineering Report on the Sanitary Sewer System and Sewage Treatment Plant Improvements for the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Proclamation - American Legion Auxiliary - "Poppy Days" May 25 & 26 I In accordance with the American Legion Auxiliary, Mayor Sedivy proclaimed May 25-26 as "Poppy Days" in the City of Bozeman and urged every citizen to give generous recognition to this program and obtain and wear a Memorial Red Poppy on these days. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Raffle License Application - Kappa Kappa Psi - Music Dept. - May 26 The City Manager presented an application from the Kappa Kappa Psi, along with the appro- priate fee for the purpose of holding a raffle on May 26, 1979. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission approve the application for the raffle license and the motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, 222 Commissioner Swanson and Mayor Sedivy, those voting No, none. Acknowledge & file report of Police Department for April It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the report of the Police Department for April be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Establishment of Emergency Number of Police Department I The Police Department is going to install an emergency number "911". All of the people with prefix number 586, 587, or 994 telephone exchange only have to dial 9ll. The call will go directly to the Police Department and the Police Department will dispatch any emergency vehicle. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the installation of the emergency number. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the City Commission, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting being Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, those voting No, none. , '---.....--- ~ I ATTEST: ~:~~~OMMISSION I