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HomeMy WebLinkAbout1987-10-19 43G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 19, 1987 ***************i******** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 19,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney I Becker and Acting Clerk of the Commission Lathrop. Commissioner Stiff was absent in compli- ance with Section 7-.,.3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the minutes of the regular meeting of October 13, 1987 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Request Submitted by Delaney and Company re Valley Unit City Manager Wysocki reminded the Commissioners that Mr. Delaney's letter had been dis- tributed to them previously. He then summarized Mr. Delaney's request. Mayor Mathre asked Mr. Delaney to respond to the Commissioner's questions and reiterated the issue at hand is how do we wish to handle Mr. Delaney's request. Mr. Delaney described his previous request for seven zone changes; this request is for one zone change. Further, he is requesting that the City Commission re-open his request to change the zone on Objective 4 of his previous request from Residential-High Density to General Highway Commercial on that portion of land consisting I of 15.16 acres and bounded by Ferguson Avenue and Fallon Street. The consensus of the Com- missioners on Mr. Delaney's proposal was that it is the same request heard previously, but this time just a portion. Mr. Martel stated he felt this action would be piecemeal and short-circuit the process. Mr. Delaney informed the Commission that he had expended $8,750 in the prepa- ration and submittal of his previous Master Plan Amendment package and could not afford anoth- er application procedure. He noted that the previous application received approval thru all channels except the City Commission. The Planning Staff stated the Master Plan will be updated in the following months, and this area of request will be one of the first to be addressed. Commissioner Jordan stated, with Commissioner Martel confirming, that all boards and the developers meet at one time to discuss speeding up the process. Mayor Mathre asked if anyone would make a motion for reconsideration; none was made. Mayor Mathre thanked Mr. Delaney for his presentation and informed him that he may make another application following the prescribed procedures if he so chooses. Discussion - proposed revisions to business license ordinance City Manager Wysocki referred to the memo dated October 8, 1987, from Mi ral Gamradt, Administrative Services Director, and George Minder, Administrative Intern, outlining Bozeman's existing Business License Ordinance, review procedures and staff recommendations. Administra- tive Services Director Miral Gamradt summarized the contents of the memo covering the following: The Review Procedures covered by the Commission were: I 1. License all businesses operating in the City, in accordance with the existing Ordi- nance. 2. Classify all businesses correctly and consistently in accordance with the existing ordinance. 3. Ensure the grouping of each business is correct and is consistently applied. The Staff Recommendations discussed were: Recommendation #1. Maintain the same basic business license fee structure. 10-19-87 ~39 Recommendation #2. Establish three categories of fees for transportation firms. Recommendation #3. Establish an additional flat fee for busiAes-ses which utilize vehicles in their business operations. Recommendation #4. The section of the ordinance which deals with transient vendors should be reduced to one general category. Recommendation #5. The sections of the ordinance pertaining to pool and billiard tables I and transfer fees should be eliminated. Recommendation #6. Modify the gOing-out-of-bu5lness lic~ section to reduce the possi- bi I ities of abuse. Recommendation #7. Change the wording in the section which grants exceptions to sole proprietors or independent agents. Recommendation #8. Establish two categories and I icense fees for contractors. The Policy questions asked are: Question #1. Should the City increase the minimum and maximum license fees for retail businesses? Question #2. Should the City charge home occupations a business license fee? Question #3. Should the City charge apartment owners a business license fee? Question #4. Should the City require businesses which are located on the MSU campus to obtain a city business license? Question #5. Should the City charge movie theaters for each viewing area? Question #6. Should the City establish a separate fee for coin operated machines that de- pict sexual activity? Question #7. Should the City increase the fees for electroFlic amusement games? Mayor Mathre asked for public comment noting that this was not a public hearing. Dave Jarrett. Judy Cowdrey and Charles Crouse addressed the item of apartment fees; Lanette Walker I addressed the item of business license fees based on vehicular use. Randy Leep addressed li- censing of electronic game machines. Daria Joyner addressed stattsties of business licenses in general. City Manager Wysocki requested that the Commissioners respond to the questionnaire; that it was the hope of staff to have an amended business license ordinance. in place by January 1, 1 988. This subject will be placed on the agenda for the October 26. 1987 meeting. Appointment of sub-committee to review Pledged Securities as of September 30. 1987 City Manager Wysocki reminded the Commission that the pledged securities must be re- viewed quarterly in accordance with State statute. It was moved by Commissioner Jordan. seconded by Commissioner Martel that Commissioner Vant Hull and Commissioner Martel be appointed to review the pledged securities as of September 30. 1987. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Jordan. Commissioner Martel. Commissioner Vant Hull. and Mayor Mathre; those voting No. none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Notice of Environmental Quality Council meeting, October 22-23, 1987. Bozeman Pub- lic Library. I (2) City Manager Wysocki reviewed the petition presented to the Commissioners by resi- dents in the general area of Cooper Park who are in opposition of stop sign placements on Koch Street thereby establishing a collector and/or through street. The Commission requested this item be placed on next week's agenda. (3) City Manager Wysocki informed the Commission on the progress of the well being drilled at Bogert Park. Problems had been encountered at the 110. level of drilling. but that the driller felt the well would be successful. (4) Commissioner Vant Hull informed the Commission of Senator Melcherls introduction of a "Volunteer Protection Act" bill. 10-19-87 44U Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Claims Application for temporary beer license - Associated Students German Club, Saturday, October 24, 1987, Fairgrounds It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, 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 Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Recess - 4:32 p.m. Mayor Math re recessed the meeti ng at 4: 32 p. m., to reconvene at 7: 00 p. m. for the pu r- pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 05 p. m. for the purpose of conducting the sched- uled public hearings. This was the time and place set for the public hearing on the Conditional Use Permit re- quested by the City of Bozeman-Recreation Advisory Board and Planning Staff to allow the devel- opment of a linear park in R-O, R-2, R-3, R-4, RS-1 and PLI zoning districts (old Milwaukee Railroad right-of-way). City Manager Wysocki informed the Commission that the Zoning Commission will consider this item during their October 27, 1987 meeting and, therefore, recommends continuance of this item until such time as the Zoning Commission makes their recommendation. I Mayor Mathre opened and continued the public hearing until the Zoning Commission sub- mits a recommendation. Public hearing - Commission Resolution No. 2674 - assessing delinquent snow removal bills for the Fiscal Year 1987 This was the time and place set for the public hearing on Commission Resolution No. 2674 entitled: COMMISSION RESOLUTION NO. 2674 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDI NANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commissioners that they had provisionally adopted this Resolution September 28, 1987. He further noted the City had received several letters in oppo- sition to the snow removal Ordinance charges from Mary Francesca Palffy through her attorney, H. A. Bol inger; Alice Flynn, Pat Klewin of Bridger Realty, and Topaz Dosen of 302 South 8th Street regarding billing for 224 South 8th Avenue. He then recommended that the Resolution be finally adopted at this time. I Mayor Mathre opened the public hearing. Pat Klewin, Bridger Realty, stated she is the manager of the property located at 224 South 8th A venue. Ms. Klewin requests the Commission waive the snow removal fees on 224 South 8th Avenue. City Manager Wysocki informed the Commission that during the time this incident occurred (January 1987) enforcement was more stringent than during the Spring of this year at which time reference points were identified in four different areas of the City thereby providing a comparison. Further, there were no provisions in the ordinance for waivers or exceptions. 10-19-87 L{4-1 Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to waive the assessment against 224 South 8th Avenue. The motion failed by the following Aye and No vote; those voting Aye being Commissioner Vant ttuU and Commissioner Martel; those voting No being Commissioner Jordan and Mayor Mathre. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Com- I mission finally adopt Commission Resolution No. 2674, assessing the delinquent snow removal bills for Fiscal Year 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. Public hearinq - Commission Resolution No. 2675 - levying and assessing garbage assessments for Fiscal Year 1988 This was the time and place set for the pubUc hearing on Commission Resolution No. 2675 entitled: COMMISSION RESOLUTION NO. 2675 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MON- TANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EX- PENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this Resolution on October 5, 1987. He then recommended the Commission finally adopt this Resolu- tion. Mayor Mathre opened the public hearing. There being no one present to speak in support of or in opposition to this resolution, Mayor Mathre closed the public hearing. I It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion finally adopt Commission Resolution No. 2675, levying and assessing garbage assessments for Fiscal Year 1988. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Public hearinq - Commission Resolution No. 2676 - levying and assessinq street liqhtinq assess- ments for Fiscal Year 1988 This was the time and place set for the public hearing on Commission Resolution No. 2676 entitled: COMMISSION RESOLUTION NO. 2676 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M. C. A. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this Resolution on October 5, 1987. He then recommended the Commission finally adopt this Resolu- tion. Mayor Mathre opened the public hearing. There being no one present to speak in support of or in opposition to this resolution, Mayor Mathre closed the public hearing. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission finally adopt Commission Resolution No. 2676, levying and assessing the street lighting assessments for Fiscal Year 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Public hearing - Commission Resolution No. 2677 - levying and assessinq street sprinklinq assessments for Fiscal Year 1988. This was the time and place set for the public hearing on Commission Resolution No. 2677 entitled: 10-19-87 44~\ COMMISSION RESOLUTION NO. 2677 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this Resolution on October 5, 1987. He then recommended the Commission finally adopt this Resolu- I tion. Mayor Mathre opened the public hearing. There being no one present to speak in support of or in opposition to this resolution, Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commis- sion finally adopt Commission Resolution No. 2677, levying and assessing sprinkling district maintenance costs for Fiscal Year 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on Commission Resolution No. 2678 entitled: COMMISSION RESOLUTION NO. 2678 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A 3-FOOT WIDE BY 42. 63-FOOT LONG PORTION OF THE RIGHT -OF- WAY LOCATED ALONG THE EAST SIDE OF NORTH WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL STREET IN THE CITY OF BOZEMAN, MONTANA, PRESERVING PUBLIC EASEMENTS. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this I Resolution on October 5, 1987. He then recommended the Commission direct the staff to prepare a resolution of vacation. Mayor Mathre opened the public hearing. There being no one present to speak in support of or in opposition to this resolution, Mayor Mathre closed the public hearing. Commissioner Jordan and Commissioner Vant Hull discussed charging fees to the applicant for vacations of property. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission authorize and direct staff to prepare a resolution to vacate and abandon a 3-foot wide by 42.63-foot long portion of the right-of-way located along the east side of North Willson Avenue between West Lamme Street and West Beall Street in the City of Bozeman, Montana, preserving public easements. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. - declarin it to be the intention to vacate the This was the time and place set for the public hearing on Commission Resolution No. 2680 entitled: COMMISSION RESOLUTION NO. 2680 I A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCK 111 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this Resolution on October 5, 1987. He then recommended the Commission direct the staff to prepare a resolution of vacation. Mayor Mathre opened the public hearing. 10-19-87 443 There being no one present to speak in support of or in opposition to this resolution, Mayor Mathre closed the public hearing. Commissioner Jordan and Martel discussed charging fees to the applicant who requests a vacation of property. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Com- mission authorize and direct the staff to prepare a resolution to vacate and abandon the alley in I Block 111 of the Northern Pacific Addition to the Ctiy of Bozeman, Montana, preserving public easements. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Jordan, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Vant Hull. Adjournment - 8:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Acting Clerk of the Commission I I 10-19-87