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HomeMy WebLinkAbout1978-02-22 3(l9 ",. __ AJ February 22, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION February 22, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 22, 1978, at 1:15 o'clock pm. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, I City Manager Gesko, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, February IS, 1978, were approved as submitted. Decision on exception to placement of Mobile Home on existing lot Having continued the request of Carl P. Fillback for a variance to park a 1978 Mobile Home on his lot located on the landfill road just south of Bridger Creek for a period of one week for review and a decision by the City Attorney, the request was presented for discussion and a final decision. Mr. Fillback was present and explained that it would create a hardship on him if the trailer had to be removed from the above property. Following an extensive discussion, and in view of the fact that this was not a medical hardship, and that the City had declared a moratorium and had not adopted another policy, the City Manager recommended the variance be denied. It was moved by Commission Vandeventer, seconded by Commissioner MacNab, that the re- quest for a variance to park a 1978 Mobile Home on a lot located on the landfill road just south of Bridger Creek be denied. 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. Hearing - a) Resolution 1943 - Intent to Create SID 586 - Paving South Black This was the time and place set in Commission Resolution No. 1943, to hear protests to I the creation of Special Improvement District No. 586. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as re- quired by law was presented. A petition signed by property owners or contract buyers prior to the intent to create the district, and representing 81% protesting the proposed district as determined by the City Engineer was presented. Several property owners were present to protest the creation of the district. They pro- tested making Black Avenue a through street. After a great deal of discussion, the Mayor declared the hearing closed. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Special Improvement District No. 586 paving South Black Avenue from College to Garfield not be created. The Commissioners directed the City engineering staff to prepare a resolution of intent to create a Special Improvement District for paving South Black from College to the railroad tracks. 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. b) Resolution No. 1944 - Intent to Create SID 587 - Sanitary Sewer Laterals Bomont Subdivision This was the time and place set in Commission Resolution No. 1944, to hear protests to the creation of Special Improvement District No. 587. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by I law was presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed, and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the decision on Special Improvement District No. 577 be delayed for a period of one week. The motion was carried by the following Aye and No vote: those voting Aye being Commis- .,. sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and-Mayor Sedivy, those voting No none. ~~ 39c) . . .... ,J c) Resolution No. 1945 - Intent to Create SID 588 - Trunk Watermains Northeast Annexation This was the time and place set in Commission Resolution No. 1945, to hear protests to the creation of Special Improvement District No. 588. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required I by law was prestating all property owners had been notified as required by law was presented. Protests representing 16.4 percent of the proposed district as determined by the City Engineer was presented. Six property owners were present to protest a part of the Special Improvement District. Five of the property owners are connected to the Lyman Creek Water line. One of the property owners has drilled a water well. Following an extensive discussion, the matter was referred to the City Engineer and the City Attorney to determine if the East Griffin line could be deleted from the special improve- ment district as this is the only line under protest at this time. d) Resolution No. 1946 - Intent to Create SID 589 - Watermains Bomont Subdivision This was the time and place set in Commission Resolution No. 1946, to hear protests to the creation of Special Improvement District No. 589. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law was presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed, and in concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that action on Special Improvement District No. 589 be delayed for a period of one week. 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. I Request for Preliminary Plat Approval - a) Lot 25, Gordon Mandeville State School Subdivision Between Meadow Lane & Griffin Drive - R. Jursnick - b) Lot 22, Gordon Mandeville State School Subdivision - Between Meadow Lane & Griffin Drive - G. Schaefer A request from Ray Jursnick for preliminary plat approval of Lot 25, and Gary Schaefer for preliminary plat approval of Lot 22 located in the Gordon Mandeville State School Subdivision, was presented. The developers are requesting a forty (40) foot dedicated public street with no parking on either side. As a matter of policy, the City requires that all dedicated public streets within the corporate limits provide a minimum sixty (60) foot right-of-way to include the standard thirty-seven (37) foot paved section from back of curb to back of curb. Mr. Jursnick and Mr. Schaefer were presnet and felt the added right-of-way requirements above forty (40) feet would be excessive and not necessary. In keeping with the policy of deferring matters for a period of one week, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission visit the site, and resume the hearing on the above matter on Wednesday, March 1, 1978. 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. Open Container Ordinance - for discussion Two proposed ordinances submitted by the City Manager which would prohibit public drink- I ing of beer or liquor: prohibit public display or exhibition of beer or liquor in certain public places and prohibit open alcoholic containers in motor vehicles was presented. It would be illegal to carry open beverage containers except in the trunk or not normally occupied area of the car or prohibit carrying open alcoholic beverage containers in public places. Elton Andrew of the United States Brewers Association was present to explain a proposed program to curb littering. Mayor Sedivy thanked the Mr. Andrew for appearing before the Com- mission to explain the program. Following discussion, the Commission recommended that action on the proposed ordinances be delayed for a period of on(~ week. ,394 "Call for Bids" - 10,000 GVW Truck with platform body with hoist - Water Dept. and Two 2~ ton Trucks for Street Dept. - Opening March 8, 1978 The Water Department has need for a 10,000 GVW truck with platform body with hoist and the Street Department has need for two 2~ ton trucks. The City Manager requested authorization to Call for Bids for the three units which are budgeted for 1978. I The Commission concurred in the recommendation of the City Manger, and it was moved by Commissioner Swanson, seconded by Commissionr Vandeventer, that the purchase as requested be quthorized and the Clerk of the Commission be directed to issue a "Call for Bids" for the three units to be opened on March 8, 1978. 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. Request for Annexation - Yeley Builders, Inc., - 4.3 acres A letter received from Warren Yeley requesting the City to annex a parcel of land loca- ted approximately one block east of South Nineteenth Avenue and south of Lincoln Road was presented. It was moved by Commissioner Vandeventer, seconded by commissioner MacNab, that the request to annex the above parcel of land be referred to the engineering staff for review and recommendation. 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. Reappointment of members to City Band Board to December 31, 1980- Scott Callin - Cemetery Mayor Sedivy announced his reappointment of Rolfe Johnson and Charles Lacey to the City Band Board effective January 1, 1978 and Scott Callin to the Cemetery Board effective January 1, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion endorse Mayor Sedivy's appointment. The motion was carried by the following Aye and No I vote; those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Proclamation - Montana Nutrition Council - "National Nutrition Week" March 5-12, 1978 Mayor Sedivy proclaimed the week of March 5-12, 1978, as "National Nutrition Week" in the City of Bozeman. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission concur in the Mayor's proclamation. 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. Reports The following reports were presented: Library for January Director of Public Service for October 1977 Police Court for January Fire Department - Annual Report The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner I MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Adjournment There being no further business to com~ 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; voting No, none. ~;, / bG" 7--:n-c-;;-n;/'" /~'J,)LZ 4~'L--vv-<-1 ;;::::;'c .<' ATTESg.o~ /7,-<,4 - p'MUND P. sEDIVY, SR., MAYOR ( .- -r ERNA V. H.ARDING~ CLERK OMHE CITY COMMISSION c.....-----'