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HomeMy WebLinkAbout1977-05-11 2~ Bozeman, Montana May II, 1977 The Commission of the City of Bozemanmet in regular session in the Commission Room, Municipal Building, May II, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular I meeting held on May 4, 1977, were approved as read. Consider Bids opened May 4, 1977 - a) 1977 Sidewalk construction program b) Van Type Truck - Water Department The Engineering staff, having completed their study of the bids for the reconstruction of miscellaneous sidewalks and curbs and having prepared a final tabulation of the bids submitted, - recommended the bid be awarded to Concrete Specialties of Bozeman in the amount of $39,876.50, based upon the bid meeting or exceeding the specifications as contained in the "Call for Bids". The low bid was submitted by a subsidiary of Baltrusch Construction Co., Havre, but without personnel, equipment, or financial backing by the Baltrusch parent firm. Accordingly, lacking these vital components, it was felt that successful completion of the project would be extremely questionable, and therefore not in the best interest of the City. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Concrete Specialties be awarded the bid for the reconstruction of miscellaneous sidewalks and curbs, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. The Commission was referred to the opening of bids for the purchase of one 1977 or 1978 Van- Type truck for the Water Department. The bids, having been evaluated by the Water Superintendent, recommended the purchase be awarded to Bozeman Ford, Bozeman, in the amount of $4,500.00, it being the lowest bid and equaling or exceeding the specifications as contained in the "Call for Bids". Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by I Commissioner Swanson, that the purchase of the 1977 van-type truck be awarded to Bozeman Ford, Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Boundary Determination 7 clarification re zoning in vicinity of Ramada Inn The City Manager presented background information on the Boundary determination and clarification regarding zoning in the vicinity of the Ramada Inn. Edmund P. Sedivy, Jr., legal representative for a client in the vicinity of the Ramada Inn, was present to offer comments regarding the confusion that exists over the zoning boundaries for the area in question. The applicants were told they were in the proper zoning district when they inquiried about building the third motel in that vicinity. In fact they had received a second confirmation that there was no problem with their intended use of their property and the City zoning codes. Based upon that information, the applicants proceeded to purchase the property and secure the necessary building permits to begin construction of the proposed motel in May of this year. However, upon later investigation it was determined that the zoning boundaries were not drawn to allow for the proposed motel construction without first seeking a Commercial zone change. Testimony was offered regarding the assumption made when the area was annexed to the City in the early 1970's, and the fact that the commercial zoning was extended to the property in question. Later testimony expressed that such was not the case when the City's 1973 zoning code and zoning map was prepared and adopted. Therefore, this has resulted in the dilemma which has occurred causing considerable delay and hardship to the applicant in question. I Several property owners were present for the discussion and were extremely concerned about further expansion in that area and the effect on the single family neighborhood adjacent to the area in question on Oak Street. Based on the complexity of the issue involved and in order to resolve once and for all this issue and to give all concerned ample opportunity to express their opinion, the City Commission concurred in the recommendation of the City Manager; and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission table further consideration of this matter for a period of three weeks. The City Commission instructed the City staff to notify by . 213 letter each property owner within the adjacent vicinity and to further instruct the appropriate staff to prepare more information on this matter. The motion was carried by the following Aye and No vote: those votine Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vollmer. Open Bids for vibratory roller for Water Department This was the time and place set for opening bids for the purchase of one new double-drum I walk-behind, diesel-powered vibratory roller for the Water Department. The affidavit of publica- tion of the "Call for Bids" was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. The following bids were then opened and read: Allied Equipment Co. - Billings - $6,786.00 Tri-State Equipment, Inc. - Billings - 4,902.45 Western Equipment Co. - Billings - 5,315.00 The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be referred to the Water Superintendent for evaluation and final recommendation on Wednesday, May 18, 1977 . The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Public Hearings: a) Zoning Change AS to B-2-T requested by P. K. Nelson b) Zoning Change R-4 to R-5 requested by Don Nell c) Zoning Change R-3 to B-2 requested by Carl Tange The request from Peter K. Nelson, to consider a recommendation from the Zoning Commission to change the zone classification from AS (Agricultural-Suburban) to B-2-T (Highway Business- Transitional) on a 19-acre tract of land located just north of the 1-90 Interchange on North Seventh Avenue was presented. I The applicant seeks the change of the tract from agricultural usage to commercial usage. He anticipates a motel to locate on the site after rezoning and annexation to the City. The Zoning Commission, after consideration of the Planning staff's report, voted unanimously to recommend approval of the zone change request with the elimination of item (c). Following discussion, the hearing was closed and the City Manager recommended that the Commission approve the zong change from AS to B-2-T with the deletion of Item (c) and the further deletion of the "T" designation. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the zone classification changes as requested by Peter K. Nelson with the deletion of item (c) and the further deletion of the "T" designation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. This was the time and place set for a public hearing to consider the request of Don Nell, for a zone change from R-4 to R-5, Lots 11, 12, 13, and 14 of Block G of the Aldersons Addition. The land in question is directly south and adjoins the Artemus Apartments on South Willson Avenue. The land is presently occupied by three small houses which the applicant wishes to remove and build 18 apartment units in their place. The problem arises in that the present R-4 zone allows for only 12 units. Mr. Don Nell addressed the Commission stating his financial reasons for needing the zone change. He also stated that he felt there should be a zone between R-4 and R-5 for apartments since the densities have such a large gap. I The Planning staff indicated that an area on South Willson Avenue had recently been down zoned to a lesser density. To rezone land immediately adjacent to a much higher density would not be compatible. The Zoning Commission, after consideration of the Planning staff's report, voted unanimously to recommend denial of the zone change request for the Buronepe Company and Mr. Don Nell. Following an extensive discussion, the public hearing was closed and the City Manager concurred in the recommendation of the Zoning Commission that the request for a zone change from R-4 to R-5 be denied. --~~ ~~- 214 It was moved by Commissioner Swanson, seconded by Commissioner MacNab, that the request of Buronepe Company and Mr. Don Nell for a zone change be denied. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. This was the time and place set for a public hearing to consider the request of Mr. Carl Tange to rezone Block 3 of Tange's Addn., lying between Baxter Lane on the north, Oak Street Extended on the South, the City limits line on the west, Holiday Inn and Ramada Inn on the east from R-3 to B-2. I The request, if approved, will allow for the development of commercial/office planned unit development. The Mayor determined the request for the zone change will be included with the Boundary determination and clarification on Wednesday, June 1, 1977 . Designation of site for senior Center The City Manager received a letter from HUD giving its approval to put the senior center on the North Grand Park site. The City Manager recommended that a parcel of property sufficient for the senior center, landscaping and parking at the corner of North Tracy and East Tamarack be provided. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the City Manager's recommendation as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Land Exchange between City of Bozeman and Life of Montana Insurance Company Having deferred action on the warranty deed by and between the City of Bozeman and the Life of Montana Insurance Company for a period of one week for clarification by the City Attorney regarding the amount of land that was to be exchanged, it was again brought before the Commission. The Warranty Deed conveying real property from the City of Bozeman to the Life of Montana Insurance Company in exchange for a Warranty Deed from the Life of Montana Insurance Company to the City of Bozeman for other real property was presented. Joe Wolf commented on the fact that the City had previously installed fencing in the area of I the softball diamond and suggested to the Commission that as a condition of the exchange that the Commission require Life of Montana Insurance Company to construct a similar fence on the northwest property line of the parcel to be conveyed by the City of Bozeman. After discussion, it was agreed that Life of Montana Insurance Company would construct a fence on the northwest side of the ravine running adjacent and parallel to the property being conveyed by the City of Bozeman. By construction of the fence and the maintenance of the ravine area, no implication is made that title is to pass to Life of Montana Insurance Company. It was expressly stated by the City Attorney that title to the area would not pass to Life of Montana Insurance Company. Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Attorney be instructed to draw a resolution authorizing the Mayor and Clerk of the Commission to execute the warranty deed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Consideration of Ordinance amendment to allow consumption of beer (only) in public parks The City Manager requested that the City Commission reconsider its former directive, to the staff, which would have authorized consumption of beer (only) in City parks. A letter from the Police Department and another from the Kirkwood Baptist Church recommended against consumption of beer for several reasons: litter problems, enforcement, roudyism, and destruction of the "family" atmosphere in our parks. The Commission discussed the suggestions and did reconsider its former direction. Upon I the recommendation of the City Manager, the staff was directed to draft an ordinance amendment which would prohibit consumption of alcoholic beverages in City parks, except that the sale and consumption of beer (only) would be allowed on the eastside of the Recreation Complex. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the ordinance be amended as recommended by the City Manager. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Swanson. 215 Request to vacate portion of alley - Lots 8 and 9, Kirk Subdivision A letter received from the First Church of the Nazarene on South 19th Avenue requesting vacating a portion of an alley between Lots 8 and 9, Kirk's subdivision was presented. At present, the alley is being used as a playground for ABC Care Center. The church would maintain a twenty-foot opening on the West' side of the parking lot entering 20th Street for alley use. I Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission acknowledge receipt of the request and defer action on same for a period of one week for an on-the-ground inspection and further study. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Request for beer license from Softball Association for May 14 and 15 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for May 14 and 15, 1977 , along with the required fee. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Bozeman Softball Association, having met all requirements, be granted a license to se11~ beer at the Recreational Softball Complex on May 14 and 15. The motion was carried by the, following Ayw and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, - Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Application for Raffle Licenses: a) Sigma Chi Fraternity - May 19 b) Bozeman High School Rodeo Club - June 26 The City Manager presented an application from the Sigma Chi Fraternity and an application from the Bozeman High School Rodeo Club, along with the required fee, for the purpose of holding a raffle. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the applications for the raffle license for the raffle license for the Sigma Chi Fraternity and the Bozeman High School Rodeo Club. The motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Proclamation - Professional Nurse Week - May 15-21, 1977 Mayor Sedivy proclaimed the week of May 15-21 as "Professional Nurse Week" and urged all citizens of the City of Bozeman to support the Montana Nurses Association District No. 3's efforts to improve the health care of Montana citizens. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Reports - Police Court - Police Department The following reports were presented: Police Court Police Department The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be approved and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Claims Claim No's 25689 thru 25933 and 9007 thru 9220 inclusive were presented as follows: Cemetery $ 677 .44 Water $15,999.06 Cemetery Suspense 450.00 B.V. Federation 909.46 I Garbage 4,502.41 Stores 1,156.76 General 39,275.32 BOR 3,891.78 Library 3,349.55 EPA 14,153.65 Park 6,921.70 Gallatin County 700.89 Parking Meter 131. 27 Supplies 97.34 Planning Board 1,116.17 HUD 5.53 SDS 2,518.40 Parking Commission 1,943.00 SID's 50,450.83 1977 Walks & Curbs 16.20 Street 6,336.25 Urban Roads 10,200.00 Total $164,803.01 ,216 The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, I and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. /, -' /C;:/ ~~ ~ (/'~:' /Z~ ~' ,~ "',,,,../ A. />-:r EDMUYP :'SEDIVY, sf':, M~r .- >/ ATTEST: ~ - q f'~~ ~ /?na..-/. 0< r:;p ERNA V. HARDING Clerk of the City Commission I I