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HomeMy WebLinkAbout1987-11-09 If 58 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 9, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 9, 1987, at 2: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Martel, Commissioner Stiff, Commissioner Vant Hull, 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 si lence. 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 Stiff, that the minutes of the regular meeting of November 2, 1987 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Request for permission to address Commission - Buttrey Shopping Center businessmen - re loiter- ing and littering problems in parking lot City Manager Wysocki submitted to the Commission a letter from Mr. Gordon Fuller, City Cleaners, requesting permission to address the Commission. Mr. Gordon Fuller stated that during the weekends and summer evenings, high school and college kids use the Buttrey Shopping Center parking lot as a hang out, creating problems for the business owners and patrons. He noted that up to 100 kids gather at a time, with the under- age kids drinking beer and wine coolers. He stated that they litter the parking lot with cans I and bottles, make a lot of noise, intimidate business owners and drive customers away. He indi- cated that not all of the kids that gather are from Bozeman, but some of them are from Living~ ston, Belgrade, Manhattan and Three Forks. Mr. Fuller stated that Rocky Mountain Security Service patrolled the Buttrey Shopping Center area; however, they quit because they felt threatened by the kids. He then indicated that a majority of those who gather are 15 to 19 years of age. Gordon Fuller indicated that, though the parking lot is private property, he feels this is a community problem and should be addressed as such. He stated that he feels arrests should be made to deter these activities. He noted that criminal trespass signs were posted in the parking lot; however, the kids immediately tore them down. Mr. Jack Dredla, 2104 South Tracy Avenue, indicated he is the owner of McDonaldls Res- taurant. He noted that the restaurant located at the Buttrey Shopping Center has serious prob- lems because of those who gather in the lot. He stated that the police have been alerted to this problem several times in the past two years; and they have done an extremely good job in trying to address the situation. He noted, however, that those kids have created enough problems dur- ing the evenings that he has submitted a request to the regional office for permission to close the restaurant at 9:00 p.m. on Friday and Saturday nights. He noted this means a payroll loss of about $20,000 to the young people who usually work those evening shifts. He then reviewed the steps he has taken to address the problem to date, noting that the kids that gather have been abusive to him as well as his patrons. Mr. Mark Hami Iton, Buttreyls, stated that he has considered closing the store early be- I cause of the kids congregating in the parking lot. He indicated he does not feel that this is a shopping center problem, but rather a community problem that needs to be addressed. He noted the police officers have done what they can; however, they donlt have the manpower to patrol the lot on a constant basis. He then stated he does not feel the store owners should have to payoff-duty police officers to patrol the lot to keep the kids under control. Mrs. Karen Rogers, Belgrade, stated that on September 25, her son entered McDonald1s and was attacked by eight Bozeman boys, who hit him and threatened to ki II him. She indicated that he managed to get back into his car; and three cars chased him to Belgrade, where they attacked him again at Ricochet's. She noted that the Belgrade police managed to break up the 11-09-87 46U fight before her son was seriously injured. Mr. George Haynes, owner of ComputerLand, stated he feels that the business owners in the Buttrey Shopping Center have tried to internalize an external problem by hiring off-duty pol ice officers. He noted that only provides a short-term solution, rather than facing the entire problem. He indicated that his business is closed in the evenings; and his female employees are afraid to go and work on evenings and weekends because of the kids in the parking lot. Mayor Mathre asked if very many citations have been issued in the past in this parking I lot. Pol ice Chief George Tate stated that in 1985, 19 alcohol citations, 11 traffic citations and 3 criminal act citations were issued; in 1986, 35 alcohol citations, 30 traffic citations and 11 criminal act citations were issued; and so far in 1987, 24 alcohol citations, 22 traffic citations and no criminal citations have been issued. Commissioner Vant Hull suggested that, since kids from other communities congregate here and help create the problems, possibly the Sheriffls Office should be approached about cooper- ating in enforcement. Police Chief Tate reminded the Commission that the Sheriff's Office has a large area to cover. He noted that they do assist the Police Department whenever requested, if possible. Commissioner Vant Hull noted there is a curfew law on the books and asked if it has been enforced or could be enforced. Police Chief Tate stated it has not been enforced for the 22 years he has been with the Pol ice Depa rtment. He then noted that the curfew law applies to those under 16 years old; and those creating the problems at the Buttrey parking lot are usually 17 to 19 years old. Commissioner Stiff asked how the patrolling of private parking lots is handled. Sergeant Mark Tymrak, patrol sergeant for the night shift, stated that they do patrol the parking lots on their rounds. He noted that when a police car enters a lot where the kids are congregated, they leave and then return when the police car leaves. He then stated that the County Attorney, former City Attorney and police officers worked together to address this prob- lem. He noted that two off-duty police officers were hired during the prime times; and while I they worked, the problems were alleviated. He noted, however, that as soon as the special pa- trol ceased, the problems started again. Sergeant Tymrak stated that the Buttrey parking lot is patrolled more often than any other lot, with police officers patrolling West Main Street auto- matically driving through unless they are on a call. He noted that if an officer sees a violation, he will cite it. Commissioner Vant Hull asked if blocking the entrances would help catch the offenders. Sergeant Tymrak stated that the police have no authority to block the entrances to the parking lot. Commissioner Vant Hull asked if the State Legislature needs to take any action to make a pol ice officer's job easier. Commissioner Martel asked if the tickets written into juvenile court are acted upon or dis- missed because they are first offenses. Sergeant Tymrak stated that the juvenile court has been working with the Police Depart- ment. He also noted that the City Judge has also supported the Police Department on citations written into that court, particularly those which are alcohol related. He then indicated that the police do receive heat from parents who feel their children should not have been cited; and some parents do bait the police by their actions in the parking lot. City Manager Wysocki indicated that part of the problem is that people don't want to get involved when they see illegal activities. He noted that if people would be willing to sign a complaint when a problem does occur, it could help address the situation. Mrs. Esther Nelson, 718 North 17th Avenue, noted that kids create problems at private I residences as well as parking lots. She noted that the police do what they can to address the problems that do occur. She then stated that she did catch a kid at her home one time; and had the father to deal with. She stated that the kids involved in these activities have an at- titude problem which needs to be addressed and changed. Mayor Mathre asked if the problem is worse when college is in session than during the summer. Police Chief George Tate indicated it is not. The Police Chief then indicated that he has contacted Police Departments in other major cities around the state to see how they handle this 11-09-87 461 type of situation. He noted that in Helena and Great Falls, off-duty officers are not allowed on private property. He noted that Billings and Missoula address the matter the same way Bozeman does; however, Billings charges $20.00 per hour per man plus a 5 percent administrative fee. Police Chief Tate then stated sympathy for the merchants, noting that the Police Department is currently doing what it can to address the problem with the resources available. City Manager Wysocki asked Mr. Hamilton if the shopping center accepts some of the re- I sponsibility to provide security for the businesses within that facility. Mr. Hamilton stated that an off-duty police officer does need to be hired to address the problem, since it seems to be the only way to provide a safe environment. The City Manager stated he does not feel anyone item will address the problem, but a multi-pronged solution must be sought. He then suggested that members of the City staff meet with some of the businessmen to discuss this matter further and attempt to develop a solution. Commissioner Jordan noted the real problem is the kids and the parents. He then sug- gested that the school district become involved in addressing this situation, possibly tying a week's suspension from school to a violation cited in the parking lot. He also noted that the parents must accept some responsibi lity to help alleviate the problem. Commissioner Jordan stated sympathy for the businessmen in this shopping center; how- ever, he feels that the owner of the shopping center should take some responsibility in addres- sing this problem. Commissioner Martel noted that manpower does not seem to be a problem in addressing the issue as long as someone is willing to hire the needed individuals. He noted that gaining control of the situation seems to be the major issue. City Attorney Becker stated that the criminal justice system is reactionary, not pre- ventive. He noted that an individual must be caught breaking a law before any action can be taken. Mayor Mathre requested that the City Manager submit a report back to the Commission after his meeting with representatives from the Buttrey Shopping Center. I B rea k - 3: 1 0 to 3: 22 p. m . Mayor Mathre declared a break from 3:10 p.m. to 3:22 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Ordinance No. 1251 - revisions to the business license ordinance City Manager Wysocki presented to the Commission a draft of Ordinance No. 1251, enti- tled: ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 5 OF THE BOZEMAN MUNICIPAL CODE OF THE CITY OF BOZEMAN, MONTANA. The City Manager noted that the staff has prepared a proposed ordinance revising the business license fees, based on the information contained in the memo previously submitted to the Commission as well as subsequent discussions on that memo. He noted that strike overs have been placed over the language to be removed; and the new language is underlined. Mayor Mathre asked why Section 5.04. 130, pertaining to the transfer of location is to be deleted. Administrative Services Director Gamradt stated that section of the ordinance was initially implemented to help the City maintain its records. He indicated he does not feel that section is justified and it has not been used, therefore, it should be eliminated. I Commissioner Stiff asked if a determination has been made on how much these license fee changes would increase the revenues, noting that he would like to know that amount. The Administrative Services Director stated he has not formalized an estimate of revenues yet, but one will be made available later. Commissioner Stiff noted that under the proposed revisions for transportation firms, those with a lot of heavy trucks would be paying less in license fees than they currently do. Administrative Services Di rector Gamradt noted that under the present ordinance, freight companies pay a high premium. He stated that those fees have been tempered administratively, with those license fees now being arbitrary. He indicated that under the proposed ordinance, 11-09-87 462 the cap for a retail I icense fee is $400; and it is $600 for a transportation company. He noted that represents a 50 percent higher fee, which is more in line with actual requirements for city services. Commissioner Jordan noted one item not addressed under this ordinance is garage sales. He expressed disgust at seeing garage sale signs still posted two to three weeks after the sale has been held. Administrative Services Director Gamradt stated that must be a Commission decision. He I noted that such licenses would create an administrative problem. City Attorney Becker stated that the sign ordinance could be revised to require that people purchase a permit to put up a garage sale sign. He noted that if the sign is not taken down within the appropriate time frame, the individual could be cited. Following a brief discussion, the Commissioners concurred that garage sales should be left out of the business license ordinance. Commissioner Stiff noted that the City of Bozemanls license fees are lower than those charged in other major communities in five categories and asked if all those areas are being ad- dressed. The Administrative Services Director stated that, since the license fee for retail busi- nesses is based on square footage and the ceiling is being increased substantially, most of those categories will be addressed. Mrs. Esther Nelson, owner loperator of Nelsonls Trai ler Court. stated that she pays over $20,000 in property taxes each year; and one of the largest apartment complexes in the commun- ity pays sl ightly over $5,300. She noted another large apartment complex is tax exempt. She indicated that she feels the $125 license fee she pays is out of proportion with other license fees. She then questioned why apartment houses have not been licensed in the past, since mo- bile home courts have been. Commissioner Vant Hull stated she has received figures on property taxes paid on various apartment houses and mobile home parks in the city from the Gallatin County Appraisal Office. She indicated she will make copies of this information available to the other Commissioners prior I to the public hearing. Mrs. Lanette Walker, LaCourier Service, noted that under the definitions contained in this ordinance, her business falls under transportation firms; however, she operates it as a home occu- pation. She then indicated that she does not feel that her small business compares to a large transportation firm. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1251 and set the public hearing date for November 23, 1987. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion provisionally adopt Ordinance No. 1251, revising the business license ordinance, and set the public hearing for November 23, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. Discussion - establishment of fee for vacation of public rights-of-way City Manager Wysocki stated that the Commissioners received copies of the City of Billings Municipal Code concerning the vacation of public rights-of-way under the IIFor Your Informationll items in last weekls packet. He then noted that Commissioner Vant Hull had requested this item be placed on the agenda for discussion. Commissioner Vant Hull noted that the City of Billings has a specific form to fill out, as well as an application fee. She then asked if the staff has a copy of that application form and knows what the fee is. I City Manager Wysocki indicated that the staff does not; and Commissioner Vant Hull sug- gested that information might be helpful. Commissioner Jordan suggested that, in addition to notifying those property owners ad- jacent to the proposed vacation, it might be helpful to post signs at both ends of the alley or street under consideration so that others are aware of the pending action. Commissioner Vant Hull indicated a second issue is whether the City wishes to establish some method for determining compensation for vacation of public rights-of-way. Commissioner Stiff questioned the charging of a fee for vacation of a public right-of-way, 11-09-87 463 noting that most of them are so small that it would create more administrative problems than the fee would cover. Commissioner Vant Hull noted that, even though the smaller vacations would not generate much revenue, the City should put itself in a position where it could charge a fee for what it determines is a valuable parcel of public right-of-way. City Manager Wysocki noted that some of the items required of the petitioner under the I City of Billings code could result in substantial financial outlay. He then suggested the Com- mission may wish to consider revising the requirements for a petition for vacation to avoid some of that expense. Following discussion, the Commissioners concurred that they need additional information from the City of Billings prior to making a decision on the possibility of implementing a fee for vacation of public rights-of-way. They indicated an interest in establishing a flat application fee to cover staff time, plus the advertising costs incurred. Municipal Code to increase the City Manager Wysocki presented Ordinance No. 1248, as prepared by the City Attorney, entitled: ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.66.010 OF THE BOZEMAN MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS ON THE BOARD OF ADJUSTMENT FROM FIVE TO SIX MEMBERS. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their October 26, 1987 meeting. He then recommended that it be finally adopted at this time. Mayor Mathre noted at the present time, at least three members must reside within the city limits. She then suggested the Commission may wish to change the ordinance to require I that at least four reside within city limits to maintain the majority as city residents. Following discussion, the Commissioners concurred that they would prefer the flexibility of the ordinance as it is written. They noted that, since they make the appointments to the Board, they can maintain a majority as city residents if they wish. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Ordinance No. 1248, increasing the number of members on the Board of Ad- justment from five to six. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Desi nation of CDBG Loan Review Committee as the applications for CDBG eco- nomiC development monres, with recommendations to ommisslon or action City Manager Wysocki distributed to the Commission two flow charts prepared by CDBG Administrator Mif<e Money. He noted that at the present time, the Community Development Block Grant Loan Review Committee, which is appointed by the City Commission, acts on applications for rental rehabilitation monies and owner-occupied rehabilitation project monies as well as loan subordination requests. The City Manager reminded the Commissioners that the Planning Department is currently low on staff members; and no one has the time to review possible applications for the upcoming round of economic development monies. He indicated the second flow chart indicates a proposed method for review of those applications, which would use the CDBG Loan Review Committee as I the body which would carefully review those applications in depth, and a recommendation being submitted to the Commission for action. City Manager Wysocki indicated that public hearings are to be held on November 10 and November 17 to determine if any proposals are to be forthcoming. He noted the Loan Review Com- mittee would then review those proposals in depth, submitting a recommendation to the City Com- mission for action not later than January 11, 1988. He noted that the application could then be prepared, with the Commission authorizing submittal not later than February 15, 1988. City Manager Wysocki stated that the City must also make a determination on how current project income monies are to be spent. He then suggested that the CDBG Loan Review Commit- 11-09-87 461+ tee could also review this item and submit its recommendation to the City Commission for action. He indicated that the CDBG Loan Review Committee has discussed these two items and has indi- cated a wi lIingness to accept the responsibilities. He then recommended that the Committee be designated as the review body for this round of economic development monies as well as the de- termination of how project income monies are to be spent. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission designate the Community Development Block Grant Loan Review Committee as the review I body for applications for CDBG economic development monies, as well as a determination of how current project income monies are to be spent, with those recommendations to be submitted to the City Commission for final action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Com- missioner Martel and Mayor Mathre; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Malcolm Story, 519 South Willson Avenue, concerning a burned out ornamental street light in front of his house. He stated that a telephone call to Montana Power Company revealed that a part for the light is on order and should be received about six weeks after the order date. He indicated that when the part is received, the light wi II be fixed. (2) A letter of thanks from Robert A. Dixon, Legion Villa, Inc., for the Fire Depart- ment personnel conducting building inspections, preparing evacuation plans and conducting fire drills at the facility. (3) A memo from Community DevelopmentlZoning Specialist Dave Skelton indicating the status of the Lone Mountain Gymnastic Centerls conditional use permit application for 810 North Wallace Avenue. (4) The City Manager indicated he will be in Helena on Friday to attend an MMIA meet- ing, which will include negotiating for contracts. I (5) The City Manager stated that five representatives from City Hall and five from the Fire Division bowled in the fund raiser for Big Brother and Big Sisters held on Sunday. He not- ed that the two teams raised a total of about $400 for that program. (6) The City Manager noted that one of the consent items is to acknowledge receipt of the proposed C I P budget for the upcoming year. He indicated this item will be placed on next week's agenda for discussion, with the appropriation ordinance process to follow. (7) Commissioner Vant Hull noted that formation of a cemetery district question on the Three Forks ballot last Tuesday was approved. She suggested that the City of Bozeman may wish to ask the County Commission to pose a similar question on the ballot locally. (8) Mayor Mathre noted that the I nteragency Breakfast is usually held on the second Wednesday of each month; however, November 11 is a holiday for many of those who attend. She indicated that she wi II try to coordinate the breakfast for next Wednesday. for Fiscal by the Loan Review Committee It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Consent I Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 4:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. The 11-09-87 4GS motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Com- missioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 11-09-87