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HomeMy WebLinkAbout1955-10-19 6,1 Bozeman, Montana October 19, 1955 The Comrnission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday afternoon, October 19, 1955, at 1;00 o'clock P. M. Present were Mayor Lowe, Commissioner Erwin, Commissioner Swanson, City Manager Henderson, City Attorney Lovelace and the Clerk, when the following proceedings were had: Minutes of the last regular session were read, and it was moved by Commissioner Erwin, seconded 1 by Commissioner Swanson, that these minutes be approved as read, and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Protesting Re-zoning of Main Street from Ninth to Eleventh Avenue Mrs. Harry Morrow and Forrest Kilbride, owners of property on West Main Street, together with Joe Gary as their attorney, appeared before the Commission to request that they be given further hear- ing on the matter of re-zoning the area between 9th and 11th Avenues and within one-half block north and south from Main Street. Their contention was that owners had not been given written notice of a hearing, and that the City Commission, who have final jurisdiction as to emending the zoning ordinance, may not have heard their objections to the proposed re-zoning. At the request of' the Commission, City Attorney Lovelace advised that, in his opinion, proper procedure had been followed and adequate notice had been given in this matter as required by statute end ordinance but the Commission could, if they so desired, hear further evidence or arguments. Their Eiving such hearing should in no way be construed to mean that all parties had not been given an opportunity to be heard before the Board of Adjustment or that the procedures followed in this case had not been adequate and legal in all respects. The Commission stated that they had no objection I to hearing those present whereupon Mr. Gary, as spokesman for the opponents to the proposed re- zoning, presented statements and arguments summarized as follows; 1. The area proposed to be re-zoned will be on the newly located U. S. Highway No. 191, a main and heavily traveled thoroughfare, which will make it undesirable as residen- tial sites. 2. Zoning the area as a "B" residence district would make it practically valueless. 3. 1he area along the newly located U. S. Highway No. 191. from 11th Avenue west is out- side the city limits and therefore unzoned which would mean that businesses could be built all along this highway except in the two blocks in question. 4. Zoning in the area in question should be consistent with other Main Street and North Seventh Avenue zoning. 5. The proposed re-zoning violates all concepts and principles of zoning. 6. It is doubtful if loans would be available for construction of residences in the area if re-zoned. 7. Owners of property in this area have purchased it as business property ana their investment has been made on the basis tllat it would be developed as such. 1 8. Owners of approximately 30% of the property in the area protested by petition to the Boa rd of Adjustment against the proposed re-zoning. Mrs. Morrow and Mr. Kilbride were also given an opportunity to be heard but neitiler of them presented any points in addition to those summarized above. The Commission ex:r:lained to those present that the proposal to re-zone this area was made by the Flan Board, that a hearing had been held before the Board of' Adjustment at which members of' the Flan Board had presented their reasons for recommending the re- zoning and at which opponents to the proposal had presented their arguments in detail. fr: After detailed discussion and full consideration of the points raised at this meeting, no )d further action was taken so that instructions given to the City Attorney at the regular meeting on October 13, 1955 to prepare amendments to the Zoning Ordinance in accordance with recommendations of the BOHrd of Adjus tment remain unchanged. Uni ted Nations 10th Anniversary Celebration John Braaksma, Chairman of the Committee on observance of the Tenth Anniversary of the United 1 Nations was present and told of the program planned for this celebration. He stated that the college will provide space fbr holding this event and he requested for his Comrni ttee tha t the City pay $>25.00 for travel expense and the cost of hotel accommodations for one day for an out-of-town speaker who has been secured for the event. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that, subject to the legality of this expenditure being approved by the City Attorney, peyment of this expense from the general fund be and is hereby authorized and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No. none. Bids for S. I. D. No. 383 This was the time and filace set for the opening of bids for Sped al Improvement District No. 383. water main on West Main. 'lhe affidavit of publicati on of the Notice to Bidders was presented. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the bids be opened and re9d, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin. Commissioner Swansonj those voting No, none. The following bids were opened and read; Haggerty-Messmer Company - ~6.265.00 I Allen Edens ------- 5,719.05 E. 'N. Nixon ------- 5.705.85 8. W. Nixon's bid quoted a comrletion date of May 15. 1956. Mr. Nixon w~s present and stated that he would commence the work immediately upon arrival of the material and would continue it with all reasonable diligence and dispatch so that, if weather permits, it will be completed this fall. It was moved by Commissioner Swanson, seconded by Commissioner Erwin. that the bid of E. W. Nixon be accepted. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swansonj those voting No, none. Resolution No. 800 -- Assessment W & C 1955 This was the time and place set for the hearing of protests to the assessment of W & C 1955. The affidavit of' publication of the Notice was presented. Fo one was present to protest and no protests having been filed, Resolution No. 800 was presented, entitled: A RESOL1JTION OF THE COMMISS ION OF TII~ CITY OF BOZEMAN LEVYING .AND ASSESSING A SFECIAL ASSESS- MENT OF TAXES UFOlJ CERTAIN PROPERTIES IK TIlE CITY Ot BOZEl\W. COUNTY OF GALLATIN. STATE OF MO:KTANA. TO DEFRAY THE COST OF CONSTRUCTING AND INSTALLING AND/OR REPAIRING MISCELLJ>..NEOUS SIDEWALKS .AND CURBS DURING THE YEAR 1955. It was moved by Commissioner Swanson, seconded by Cormnissioner Erwin, that the resolution be finally passed, and the motion was carried by the following Aye and No vote: those voting Aye being 1 Mayor Lowe, Commissioner Erwin. Commissioner Swanson; those voting No, none. Annual Meeting of Middle Creek Water Users Association Notice has been received of the annual meeting of the Middle Creek Water Users Association to be held on Wednesday. October 26th, 1955. It was moved by Commissioner Erwin, seconded by ~ommissioner Swanson. that S. D. Waldorf' be appointed as the official representative of the City of Bozeman at this meeting and that he be given a proxy to vote the stock of the City of Bozeman and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. (l6 Forget-Me-Not Day A communication from the D. A. V. was read, requesting the Saturday. November 5th, 1955 to be set as Forget-me-not Day. It was moved by Commissi one r Swanson. seconded by Conunissioner Erwin, tha t the request be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin. Commissioner Swanson; those voting No, none. Survey by Board of Fire Underwriters 1 A letter was read from David S. Thomas. District Engine er of the Board of Fire Underwriters of the Pacific, which was a reply to e request from the City Manager the tare-survey be made of this city for the purpose of determining its status and classification for fire insurance rating;. Mr. Thomas stated that Engineer W. S. Hayes. from his office, will conduct the requested survey in the spring of 1956. Construction of' Fence at 411 West College A request from J. A. Fellerhoff. 411 West College, to construct a fence along the east side of his property and across ten feet of ci ty owned land to connect wi th the south fence at the South Side Park was reported. It was moved by Commissioner Erwin, seconded by Commissioner Swanson, that the request be granted subject to an agreement whereby the property would not revert to Fellerhoff by adverse use. and the motion was carried by the following Aye and No vote: those voting Aye being May or Lowe, Conunissione r Erwin, Commissioner Swanson; those voting No. none. Bogart's Sub-Division Approved A flat of Eogert's Sub-division, a small trect elong the northeast s ide of U. S. Highway No. 10, approximately 2~ miles north of the city limits, was presented. I It was moved by Commissioner Swanson. seconded by Commissioner Erwin. that the Director of Public Service be authorized to approve the rlat and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Hearing. He: Al,andonment of Parking Maintenance District No. 68 This was the time and place set for the he aring of protests to the abandonment of Parking Maintenance District No. 68, South Willson Avenue from College Street to Cleveland Street. The affidavi t of publication of the Notice was presented. No one was present to rrotest and no protests have been filed. It was moved by Commissioner Swanson, second ed by Mayor Lowe. the t the City Attorney be instructed to prepare the resolution discontinuing this parking maintenance district and the motion wes carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; 'those voting No, none. Light Street/-- 8th Avenue an d Birch Street The Manager reported on verbal requests which have been received from owners of property in the area for street 1 ights to be installed at the intersections of North Seventh and North Eighth 1 Avenues with Birch Street. It was moved by Commissioner Erwin. seconded by Commissioner Swanson, that the City Manager be euthorized to have the Montana Power Company install a street light at the intersection of Eighth Avenue and Birch Street and that installation of additional street lights in this area be deferred until the area is more built ulJ and the motion was carried by the follow::j.ng Aye and No vote: those , voting Aye being Mayor Lowe, Commissioner Erwin. Commissioner Swanson;.those voting No, none. Manager & Police Chief to Meeting in Missoula A regional meeting of the Montana Munic ipal League will be held in Missoula on October 20, 1955. ti7 It was moved by Commissioner Swanson, seconded by Commissioner Erwin, that the City Manager and the Chief of Police be authorized to attend these meetings and their expenses be pa id from the General Fund, end the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Adjournment 1 There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Erwin, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Swanson; those voting No, none. Attest: ~ C erk of the City Conunission I 1