HomeMy WebLinkAbout1988-05-09
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
May 9, 1988
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, May 9, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks,
I Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki,
City Attorney Becker and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stiff asked if any the the Commissioners wished any of the Consent Items be re-
moved for discussion. Commissioners Vant Hull and Hawks requested that the petition submitted
by Cedarwinds Homeowners' Association as well as the petition from businessmen along North 7th
Avenue be removed for discussion. Mayor Stiff requested that the proclamation for Municipal
Clerk's Week be removed for discussion.
Minutes
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min-
utes of the regular meeting of May 2, 1988 be approved as amended. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant
Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none.
Discussion - application for Certified Local Government grant for Historic Preservation Advisory
Commission activities
City Manager Wysocki stated that members of the Historic Preservation Advisory Commis-
sion are present to address this item. He then noted that just prior to the meeting, the Com-
missioners received information concerning the proposed grant as well as a brief outline of the
program.
I Planning Director Andy Epple stated that the historic preservation activities are con-
ducted under his department. He then noted that Joan Kelley has served as a volunteer historic
preservation officer during the past year, providing technical assistance to the commission. He
then introduced Mr. Keith Swenson, Vice-Chairman of the Historic Preservation Advisory Commis-
sion.
Mr. Keith Swenson briefly reviewed the proposed budget for the upcoming fiscal year for
historic preservation activities. He noted that the application is for a $7,500 grant, the max-
imum amount under this program. He indicated that matching funds must be provided locally;
and the budget proposes that $2,500 be provided by the City in in-kind services, through office
space and staff support; $2,500 in in-kind professiona I services would be provided; and the City
would appropriate $2,500 in cash for this activity. Mr. Swenson stated the additional cash con-
tribution is necessary this year, noting the State has indicated that it expects a half-time officer
be hired to adequately provide technical assistance for the commission.
Mr. Swenson stated that the Historic Preservation Advisory Commission has adopted the
following goal: "preserve and enhance all of the features of the community's heritage that define
and contribute to Gallatin Valley's unique 'quality of life'." He indicated that they have also
established four objectives and specific action programs for each. He then enumerated the ob-
jectives as: (1) identify, (2) educate, (3) motivate, and (4) implement.
Keith Swenson stated that in the future, the State wants a trained professional in the po-
sition of Historic Preservation Officer. He noted that Ms. Kelley has done an excellent job of
I maintaining the historic preservation program during the past year, when the Planning Staff al-
most totally changed. He indicated the State has also been supportive during this transition
period but feels that the program must now move forward. He indicated that the State is wi lling
to accept a portion of the City's contribution in in-kind services, but additional cash is also
necessary to maintain the program. He indicated that of the $10,000 in cash that would be gener-
ated through the grant and a cash contribution from the City, $1,200 would be used for opera-
tions and the remainder would be used to fund a half-time position.
Mr. Swenson stated that the City does not need to appropriate $2,500 at this time; how-
ever, it does need to state its intent to consider that appropriation during its budgeting proc-
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192
ess. He indicated that the State has reassured the commission that if they obtain a local com-
mitment, including a financial commitment, the grant will be approved.
Mr. Swenson indicated that he has been involved in historic restoration in Miami Beach,
Florida. He noted that historic restoration can result in restoration of the area as well. He
further noted that a portion of tourism is aimed toward historic sites; and to enhance the his-
toric elements could result in additional or prolonged tourist travel.
Commissioner Vant Hull reminded Mr. Swenson that the City must compare this request I
with other requests, including employees and their pay. She then asked if private donations
could be sought in an attempt to decrease the $2,500 appropriation or whether the money must
be provided by the City.
Keith Swenson stated it might be possible to seek private contributions. He encouraged
the Commission to make a tentative commitment of the $2,500 at this time, recognizing that the
actual commitment will not be made until the budgeting process for next fiscal year. He stated
that if the City determines it is not possible to appropriate the entire $2,500 at that time, the
Historic Preservation Advisory Commission will then consider the alternatives.
Commissioner Martel asked if it would be possible to decrease the Historic Preservation
Officer position from half-time to third-time, thus decreasing the cash requirements for the pro-
gram. He noted that the City is also responsible for funding the $2,500 in in-kind services
through office space and staff support.
Mr. Swenson noted that is correct. He stated that the application does indicate that the
City will commit a total of $5,000 to the program. He then indicated it may be possible to cut
the hours of the position slightly, but not much. He noted that the State had supported more
hours for the officer position but has compromised for a half-time position due to the funding
limitations. He suggested that to decrease the number of hours very much could jeopardize the
application.
I n response to a question from Commissioner Vant Hull, Keith Swenson indicated that the
deadline for the application for Certified Local Government grant monies is May 17. He noted
there is a substantial amount of work to be completed prior to submittal of the application and I
encouraged the Commission to make a decision at this meeting.
City Manager Wysocki asked when the commission will know whether the application is ap-
proved.
Ms. Joan Kelley stated the decision should be made around the end of June.
Commissioner Martel expressed concern about indicating the tentative commitment of monies
from next year1s budget on a piecemeal basis.
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com-
mission authorize and direct the Mayor to sign the application for $7,500 in Certified Local
Government grant monies, and tentatively commit $2,500 in City monies for the historic preser-
vation program for Fiscal Year 1988-89. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung,
Commissioner Hawks and Mayor Stiff; those voting No, none.
Request for authorization to purchase computer for investigative activities in the Pol ice Division
City Manager Wysocki presented to the Commission a request from Sergeant Furu to Chief
of Police Tate for authorization to purchase a computer for the Detective Division. The City
Manager indicated that this request includes the purchase of hardware as well as complementary
software for investigative activities, for a total cost of $3,814.00. This cost would be funded
from the Drug Forfeiture Fund, since a majority of the activity would pertain to drug-related law
enforcement. He indicated that the software would allow the system to connect with NCI C, CJ IN
and other national computer systems to aid in their searches for information. I
Commissioner Vant Hull asked if additional personnel costs will be incurred as a result of
acquiring the computer.
Chief of Police Tate stated that the existing personnel will operate the computer.
Commissioner Vant Hull noted the Police Division has been requesting computer capabilities
for several years; however, the intent was to utilize the mainframe computer. She then ques-
tioned why a small computer is being proposed now and if it would be better to tie to the main-
frame.
Chief Tate stated that to utilize the small computer ensures security. He noted that the
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computer will also tie to network systems that have been established for this type of operation.
Commissioner Vant Hull asked how long it will take to put all of the files for the various
cases on the computer.
Sergeant Furu stated that this computer system will be used mainly for drug-related
cases. He indicated that the secretary as well as the detectives will put information on current
cases into the computer during regular working hours. He stated that cases more than one year
I old wi II probably not be put on the computer.
Commissioner Hawks asked Sergeant Furu if he has done technical research on the type of
computer system needed for investigative purposes. He also asked if it will be adequate for the
division's needs.
Sergeant Bob Furu stated that he has discussed the acquisition of a computer with the
Computer Programmer Bob Schunke as well as with individuals in the Department of Justice; and
the proposed computer is suitable. He indicated that the system is large enough to contain all
of the current information and allow expansion over the next several years. He then indicated it
is I BM compatible and is user friendly. He noted it would be networked with other computers;
however due to the type of work involved, the security of a stand alone computer is important.
Commissioner Goehrung asked if it would be possible to track stolen goods through the
computer system.
Sergeant Furu indicated it would be. He noted that through NCIC and CGIN, items with
serial numbers can be tracked. He stated it would not help with items like stolen paintings,
since they have no serial numbers and there is no way to enter descriptions. He also indicated
that cross-referencing will help in the recovery of stolen goods.
Commissioner Goehrung stated that statistics in other areas indicate that a substantial
amount of thefts are drug related. He than asked if a similar correlation exists locally.
Sergeant Furu indicated that he believes 90 percent of all local property crime and per-
sonal crime is drug related.
City Manager Wysocki recommended that the Commission authorize the expenditure of
I $3,814.00 in Drug Forfeiture Fund monies for the purchase of a computer system and software
for the Investigative Division of the Police Division. He reminded the Commission that the Drug
Forfeiture Fund monies are not a part of the General Fund, but are a separate, special fund for
drug-related activities.
It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com-
mission authorize the expenditure of $3,814.00 in Drug Forfeiture Fund monies for the purchase
of a computer system and software for I nvestigative Division of the Pol ice Division. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis-
sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No,
none.
Staff report - request for annexation of Tracts 23 and 24 of the Gordon Mandeville State School
Section Subdivision (north of Griffin Drive and west of the Burlin ton Northern Railroad) - Paci-
fic Hide and Fur for Dale L. and Adolfena . Thornton
Planner Ron Brey presented the Staff Report. He stated the subject parcel is known as
Tracts 23 and 24 of the Gordon Mandeville State School Section Subdivision and is located north
of Griffin Drive, south of the Meadow Lane right-of-way, west of the Burlington Northern Rail-
road and east of Lea Avenue. The parcel contains 3.297 acres and is commonly located at 315
West Griffin Drive. The property is currently zoned M-2-T (Manufacturing and Industrial with a
Transitional Overlay).
Planner Brey stated that at its regular meeting held on April 4, 1988, the City Commis-
I sion approved a Conditional Use Permit to allow the relocation of Pacific Hide and Fur from its
present location on East Main Street to the subject location. He noted that one of the conditions
for approval of that Conditional Use Permit was that the property be annexed to the city; and
the applicant has submitted his application.
Planner Ron Brey stated that the staff has reviewed this application based on the eight
goals and eleven policies for evaluation set forth in Commission Resolution No. 2617. He briefly
summarized the responses to those criteria, noting that the requested annexation is in general
compliance with the goals and policies except for one. He noted that the only access to the par-
. eel is from a County roadway. The Planner then stated that a 12-inch water main is located in
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Griffin Drive; and there is an 8-inch sewer line in the Meadow Lane right-of-way. He noted
this will allow the proposed heavy industrial use to tie onto City services.
Commissioner Vant Hull asked if this annexation will help cause the remainder of the area
to be annexed.
Planner Brey stated that he is aware of at least three property owners involved in the
area currently lying outside city limits. He noted there have been periodic inquiries into an-
nexation of portions of the property, but no specific requests have been submitted. I
City Manager Wysocki noted that the current policy indicates that access is not to be from
a County road. He then questioned if that is properly stated or if reference should be made to
an unimproved road. He noted that the parcels to which Commissioner Vant Hull referred gain
access in the same manner as the subject annexation.
Commissioner Vant Hull suggested it may be time to review the annexation policy.
City Manager Wysocki then presented Commission Resolution No. 2695, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2695
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON-
TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIG-
UOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DES-
CRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The City Manager recommended that the Commission adopt this resolution and set the pub-
lic hearing date for June 6, 1988.
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com-
mission adopt Commission Resolution No. 2695, and set the public hearing date for June 6, 1988.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff;
those voting No, none.
Request for clarification of Zone Code re adult day care center I
City Manager Wysocki submitted to the Commission a memo from the Planning Staff request-
ing a determination of the appropriate classification of adult day care centers, which are an un-
listed use in the Zone Code.
Planner Ron Brey stated that Ordinance No. 1213 provides that the City Commission may
determine whether an unlisted use is similar to an already listed use or if it is compatible with
uses permitted in a district. He noted if that determination cannot be made, the proposed use
must be addressed through a Zone Code Amendment.
Planner Brey stated that the staff has received in inquiry about permitting an adult day
care center in an A-S, Agricultural Suburban, District. He noted that an adult day care center
would provide a supervised atmosphere with nurses' aides working. He noted that an undeter-
mined number of elderly people would utilize the facility, which would have beds available for
resting and possibly kitchen facilities for lunches or snacks. He indicated that no residential
area or nursing services would be provided in this type of operation.
Planner Brey stated that the staff has reviewed the Zone Code and found that family
child care homes are a permitted use in the A-S district and community residential facilities and
group child care homes are allowed as a conditional use. He then requested the Commission to
determine whether the adult day care center would be a similar use or whether a Zone Code Amend-
ment is necessary. He indicated the staff would suggest that each request for an adult day care
center be considered on a case-by-case basis through the conditional use process.
Commissioner Martel noted that the proposed use would have less impact on the neighbor- I
hood and facilities than a foster home, group home or youth group home.
Commissioner Vant Hull asked if a Zone Code Amendment would allow adult day care cen-
ters in any appropriate zone rather than just the A-S zone; and Planner Brey indicated that it
would.
Commissioner Vant Hull then asked if adult day care centers have any State licensing re-
qui rements.
Planner Brey indicated there are no State licensing requirements for the center. He
noted that if they plan to serve food, the facility must meet Health Board requirements; and if
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195
the center provides services which are to be paid through the Medicare program, they must meet
specific requi rements.
Planning Director Epple asked the Commission to address the question of whether this pro-
posed use is similar to group, foster or other homes or whether it is dissimilar. He noted if the
use is simi lar, it will be treated as a conditional use in the appropriate zones; and if it dis-
similar, the Zone Code Amendment process must be followed.
I City Manager Wysocki stated that the proposed use is not limited to the A-S zone; there-
fore, all zoning districts must be considered. He then suggested that adult day care centers
may be appropriate as a permitted use in the business districts and as a conditional use in the
residential districts. He suggested that the Commission may wish to direct the staff to prepare
a Zone Code Amendment with that in mind.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com-
mission direct the staff to prepare a Zone Code Amendment to allow adult day care centers as a
permitted use or as a conditional use in the appropriate zoning districts. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant
Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none.
Application for temporary Beer Licenses - Gallatin Valley Softball Association - various dates
during summer 1988 - Recreation Complex
City Manager Wysocki presented to the Commission an application for temporary beer li-
censes, along with the required fee, as submitted by the Gallatin Valley Softball Association. He
indicated these beer licenses are for the following weekend tournament dates: May 13-15, June
4-5, June 11-12, June 18-19, June 25-26, July 2-3, July 9-10, July 15-17, July 22-24, July 29-31,
August 5-7, August 12-14, and August 19-21, 1988. He noted that the applicant has received
the State Licenses for the above-listed dates and recommended that the Commission approve this
application.
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com-
I mission approve the application for temporary Beer Licenses, as submitted by the Gallatin Valley
Softball Association, for the dates listed above. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner
Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none.
Discussion - amendment of Bozeman Municipal Code re gaming licenses, to be effective July 1,
1988
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City Manager Wysocki submitted to the Commission a memo from City Attorney Becker con-
cerning revisions in the State law, effective July 1, 1988, as they pertain to video draw poker
machines and electronic keno and bingo machines.
City Attorney Bruce Becker stated that at the present time, State law sets the hours of
play for video draw poker machines as 8:00 a.m. to 2:00 a.m., which coincides with the hours
during which bars may operate. He noted that as of July 1, 1988, the law will provide that lo-
cal governments may establish hours which are more restrictive or less restrictive than those
listed in the statute. He then cautioned that if gaming hours were expanded to twenty-four
hours, it would be difficult to enforce. The City Attorney then reminded the Commission that
electronic keno machines are not limited to establishments serving alcoholic beverages; but they
are allowed in convenience marts and other locations where consumable products are sold as well.
City Attorney Becker stated that the State law does not change the number of video draw
poker machines allowed in each establishment; however, it does change the number of electronic
keno machines. He indicated that the State law will limit the number of electronic keno machines
I to fifteen per establishment, effective July 1,1988. The law further provides that local gov-
ernments may be more restrictive; however, they must allow a minimum of five machines per estab-
lishment. He also stated that the law does not restrict the hours of play; however, it does give
local governments the option to do so, effective July 1, 1988.
Commissioner Vant Hull expressed concern that video draw poker machines and electronic
keno machines can be installed in places where children are allowed. She then stated she feels
that the hours for electronic keno machines should be as restrictive as those for video draw
poker machines.
Mayor Stiff noted concern about gaming machines. He cited problems with compulsive gamb-
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196
ling, noting that alcohol tends to compromise one's thought processes.
Commissioner Hawks stated that problems with gambling must be addressed through treat-
ment of an individual, not through restriction on the number or machines or hours of play.
City Attorney Becker cautioned the Commission that they cannot legislate morality.
Commissioner Goehrung asked how many electronic keno machines in the community would
be used between 2:00 a.m. and 8:00 a.m.
The City Attorney suggested it might be possible to turn the electronic keno machines off I
during non-play hours if the memory and recording parts would not be hurt.
Mr. Randy Leep, D & R Vending, stated that the electronic keno machines would not lose
their memory if they were turned off.
City Manager Wysocki asked how other communities have handled this situation.
Mr. Leep stated that the licensee is responsible to make sure that no one under age plays
a gaming machine. He noted that failure to comply can result in a $15,000 fine and forfeiture of
the license. He then indicated that some communities have tied the hours of play for electronic
keno machines to the hours of operation for bars; and some have not.
Commissioner Vant Hull stated support for limiting the hours of play on electronic keno
machines as well as the number of machines allowed.
Commissioner Hawks questioned why the City should restrict the hours of play, and pos-
sibly the revenues.
City Manager Wysocki asked how many electronic keno machines are currently licensed.
Mr. Leep stated that D & R Vending has about fifty in the entire county, estimating that
twenty are located within Bozeman. He then stated that there is one electronic keno machine in
one convenience market at this time; and that is not one of his company's machines.
The City Manager noted another item to be addressed during this discussion is the fee
for electronic keno machines. He stated that the law sets the fee for video draw poker machines
at $100.00 per machine; however, it does not set the fee for electronic keno machines. He then
indicated that the Commission must also decide whether they wish to include card tables in the
maximum number of gaming devices allowed in anyone establishment. I
Mayor Stiff asked if establishments would install the maximum number of machines allowed
if the City were to allow five video draw poker machines and fifteen electronic keno machines.
Mr. Randy Leep stated that the law of supply and demand enters into the picture. He
indicated that there is a cut-off point; and that may be below the maximum number of machines
allowed.
Break - 3:43 to 3:58 p.m.
Mayor Stiff declared a break from 3:43 p.m. to 3:58 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Discussion (continued) - amendment of Bozeman Municipal Code re gaming licenses, to be effec-
tive July 1, 1988
City Manager Wysocki recommended that the Commission establish the same hours of play
for the electronic keno machines as has been established for the video draw poker machines.
It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commis-
sion establish a limit of five video draw poker machines and fifteen electronic keno machines per
establishment, as set forth in the State statutes, and establish gaming hours for all machines
from 8:00 a.m. to 2:00 a.m. The motion carried by the following Aye and No vote: those vot-
ing Aye being Commissioner Martel, Commissioner Hawks, Commissioner Goehrung and Mayor
Stiff; those voting No being Commissioner Vant Hull.
City Manager Wysocki then asked the Commission to address the number of card tables to I
be allowed per establishment. He noted that at the present time, there is a limit of two card
tables. He asked if the Commission wishes to retain that number, and whether that should be
included in the twenty gaming devices to be allowed per establishment or if it is in addition to.
Mayor Stiff stated he does not want a gambling casino.
Commissioner Goehrung noted that with the above action, the gaming possibilities have
increased threefold. He noted it has been a while since the Commission has heard the commu-
nity's response to the gambling issue, indicating that he shares some of the skepticism and
concern that Commissioner Vant Hull and Mayor Stiff have expressed.
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197
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com-
mission establish a limit of twenty gaming devices per establishment, to include not more than
five video draw poker machines, fifteen electronic keno machines or two gaming tables. T he mo-
tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung,
Commissioner Hawks, Commissioner Vailt Hull, Commissioner Martel and Mayor Stiff; those voting
No, none.
I Discussion - file for documentation for self-governing powers
City Manager Wysocki stated that Commissioner Vant Hull had requested this item be
placed on the agenda.
Commissioner Vant Hull noted that she had submitted a self-explanatory memo in the pack-
et. She then stated that the Commission had instructed the Clerk of the Commission to maintain
a file of issues that could be better addressed through self-government powers so that those may
be discussed during future considerations for change. She indicated that she had requested
this item be placed on the agenda because several people, including the City Attorney and some
of the Commissioners, have become a part of the City since that file was established.
The Commissioner then encouraged the staff and Commissioners to remember this fi Ie and
to insert ideas whenever possible.
Commissioner Goehrung noted that he had served on the Local Government Study Commis-
sion; and this was one of their recommendations. He stated that former City Manager John
Evans had accumulated a substantial amount of information on the subject while working for the
City. He noted that the Study Commission felt that a file should be established in a specific
office for gathering this type of information.
Commissioner Goehrung then stated that several changes have occurred in self-government
powers which could make that alternative more attractive. He noted that the City of Billings,
through self-government powers, has had more flexibility in expanding its garbage collection
routes than the City of Bozeman currently has.
I The Commissioners concurred that the file should be retained and expanded whenever pos-
sible.
Discussion - League of Cities and Towns 1988 Legislative Questionnaire
City Manager Wysocki submitted to the Commissioners a copy of the 1988 Legislative Ques-
tionnaire, as prepared by the Montana League of Cities and Towns. He noted that the League
submits a questionnaire prior to each legislative session in an attempt to develop a legislative
package that addresses the concerns of communities in the state. The City Manager then sug-
gested that, rather than discussing the questionnaire at this time, the Commissioners may wish
to each fill out a copy and submit it to the Clerk of the Commission by Wednesday afternoon.
He noted that the summary of responses could then be placed in next week1s packet for dis-
cussion.
Commissioner Vant Hull suggested that annexation regulations should be loosened to allow
communities to annex islands of unannexed land, no matter what their existing use. She also
stated support for general local option taxes, noting that people deserve the right to choose
which taxes they wish to impose locally.
Commissioner Hawks noted that during a meeting of Build Bozeman, representatives from
the Workers. Compensation program discussed the problems with the program. He then sug-
gested that improvement of that program should be a very high priority during this legislative
session.
City Manager Wysocki noted that the Cities' workers' comp program has two elements
I which make it a successful program while the State's is not. He noted that it has a personal
touch, with an individual contacting the claimant within a very short period of time. He stated
this alleviates many potential problems, which the State program does face.
The Commissioners concurred with the City Manager's recommendation; and this item will
be placed on next week's agenda for discussion.
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198
Acknowled e recei t of etition from Cedarwinds Homeowners' Association requestin~ the re-
quirement or installation of sidewalks along west side of South 17th venue be waived; refer to
staff
City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re-
moved from the Consent Items. He then reminded the Commissioners that the City does have a
stated policy that sidewalks are to be installed everywhere.
Commissioner Vant Hull stated that Cedarwinds has been developed as a Planned Unit De-
velopment. She noted that original approval was given with sidewalks located along one side of I
South 17th Avenue; and that sidewalk has been installed. She then stated that the purpose of
the sidewalk is to move pedestrian traffic through the development; and she does not feel it is
necessary to install sidewalks along both sides of the street.
Commissioner Hawks stated he feels the Commission should review the total sidewalk pol-
icy, noting that he feels there are some areas where landscaping could make the installation of
sidewalks very difficult. He indicated that he does feel that the highest priority for installation
of sidewalks should be the high traffic areas, and in suggesting that possibility, a prioritized
list should be established and followed.
Commissioner Martel noted that the policy was relaxed during establishment of the side-
walk district in the South 19th Avenue/West Koch Street area. He then concurred that the Com-
mission does need a policy that is flexible and practical.
Commissioner Vant Hull asked about the status of the sidewalk program for the upcoming
summer.
City Manager Wysocki reminded the Commission that the areas to be addressed during this
summer were established last year. He noted that subsequently, the staff and Commission dis-
cussed the procedure to be followed and determined that this summer should be set aside for pri-
vate installation of sidewalks in those areas. He noted that next spring the City wi II then in-
stall, through public contract, those sidewalks which have not been installed privately.
Mayor Stiff requested that a discussion of the sidewalk policy be placed on the agenda as
soon as possible.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- I
mission acknowledge receipt of the petition from the Cedarwinds Homeowners. Association, re-
questing that the requirement for installation of sidewalks along the west side of South 17th
Avenue be waived, and refer said petition to staff. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commis-
sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none.
Acknowledge receipt of petition from businesses along North 7th Avenue between West Beall
Street and Baxter Lane requesting that the medians be removed and a turn lane installed; refer
to staff
City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re-
moved from the Consent Items. He noted that this petition has been submitted to the State De-
partment of Highways and the Gallatin County Commissioners as well as the City Commission.
Commissioner Hawks concurred that the medians do limit access to businesses along North
7th A venue. He further noted that the medians currently have a negative visual impact because
they are not landscaped; and he does not foresee landscaping in the near future. He a Iso noted
that the medians interfere with snow removal along the street. The Commissioner then indicated
that he would like to see sidewalks installed along North 7th Avenue and suggested that the two
projects could be tied together, possibly including landscaping as well.
City Manager Wysocki reminded the Commissioners that North 7th Avenue is a State high-
way; therefore, the decision is one to be made by the State Department of Highways. He then
suggested that the Commission discuss this request with staff members from the Highway Depart- I
ment as well as the committee of businessmen along North 7th Avenue before making any deci-
sion.
The Commission acknowledged receipt of the petition and requested that this item be
placed on the agenda as soon as possible for discussion.
Proclamation - "Municipal Clerk's Week" - May 8-14, 1988
City Manager Wysocki stated that Mayor Stiff had requested this item be removed from the
Consent Items.
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Mayor Stiff thanked the Clerk of the Commission for her work and presence during the
past year. He then invited all Commissioners to attend a lunch for the Clerk on Thursday.
The Commission concurred in the Mayor's proclamation.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
I items.
(1) A letter of resignation from the Zoning Commission, as submitted by Henry Shovic.
Mayor Stiff suggested that the Clerk of the Commission add this vacancy to those to be
filled at next week's meeting; and the Commission concurred.
(2) A letter from the State Department of Health and Environmental Sciences, Water
Quality Bureau, indicating that the water from the Water Treatment Plant is of high quality I but
expressing concern about the Lyman Creek supply.
(3) Agenda for the May 12, 1988 Bozeman City-County Planning Board.
(4) Minutes from the May 2, 1988 Board of Adjustment meeting.
(5) Mayor Stiff noted that Commissioner Hawks and Commissioner Goehrung have indi-
cated that they will attend the Charrette to be held on May 21 for the School District. He
thanked them for their willingness to serve in this capacity.
(6 ) Mayor Stiff noted that a copy of the goals established at last week's meeting have
been distributed. He then asked if the staff would prepare a summary sheet of information for
the goals under each enterprise fund as they are considered.
Commissioner Hawks asked when the staff will bring back recommendations on the goals
under the enterprise funds.
City Manager Wysocki stated that the staff is currently working on possible financing of
some of the water projects; and that item will appear before the Commission in the near future.
(7) Commissioner Hawks noted the existing sign ordinance addresses portable signs I
requiring that a monthly permit fee be paid. He noted that some of the portable signs have
I been in place for years; and some have weeds growing up around them. He then asked how
many permits have been issued for those signs and whether the monthly fees have been col-
lected. He then suggested that the Commission should possibly consider raising the fees for
these signs.
(8) Mayor Stiff stated that he and City Manager Wysocki will be meeting with a Japan-
ese gentleman at 10: 00 a.m. on Friday. He invited all interested Commissioners to attend that
meeting as well.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items:
Proclamation - "National Nursing Home Week" - May 8-14, 1988
Proclamation - "National Association Insurance Women's Week" - May 15-21, 1988
Proclamation - "Just Say No Day" - May 21, 1988
Re uest - ermission to conduct rail and march - Just Sa No Club - Saturda I
May 21,1988,10:00 a.m. - Main Street rom City Hall to Wi "son School
(sidewalks only)
Re uest for permission to conduct linear mile run - Si ma Chi Fraternit -
Saturday, May 14, 1988, 9:30 a.m. to noon - abcock Street from outh 8th
Avenue to South Wallace Avenue (for United Way)
Re uest for waiver of the 0 en container ordinance - Montana I ntercountr
Adoption, Inc. - ogert ark - Sunday, August 28, 1988, 11 :30 a.m. to 5:00
~
Building Inspection Division report for April, 1988
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Con-
sent Items be approved as listed above, and the appropriate persons be authorized and directed
I to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis-
sioner Hawks and Mayor Stiff; those voting No, none.
Adjournment - 5:12 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
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200
Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff;
those voting No, none.
ALFRED M. STIFF, Mayor
ATTEST: I
ROBIN L. SULLIVAN
Clerk of the Commission
I
I
05-09-88
