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HomeMy WebLinkAbout1986-03-10 091 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 10, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 10, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Com- mission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Martel requested that the renewal of the Kennel License requested by Dorothy Kenck be removed for discussion. Commissioner Vant Hull requested that the Budget Amendment and the letters from Len Sorensen and Nancy Vandeventer regarding dogs at large be removed for discussion. Minutes - March 3, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the March 3, 1986, meeting be approved as amended. 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. Proclamation - "Camp Fire Birthday Week" - March 16-22, 1986 Four members of the Headwaters Counci I of Camp Fire, Inc., presented a birthday cake to the Commission in celebration of the 75th birthday of Camp Fire, Inc. The four representa- tives requested that the Commission proclaim the week of March 16 through 22, 1986, as "Camp Fire Birthday Week." I Mayor Mathre proclaimed the week of March 16 through 22, 1986, as "Camp Fire Birthday Week" in the City of Bozeman and thanked the Camp Fire representatives for their presentation. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission concur in the Mayor's proclamation of March 16-22, 1986, as Camp Fire Birthday Week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Decision - placement of bubble over tennis court at Bogert Park as requested by the Bozeman Indoor Tennis Club This was the time and place set for the decision on the placement of a bubble over one of the tennis courts at Bogert Park, as requested by the Bozeman Indoor Tennis Club. City Manager Wysocki noted that City staff had received a petition signed by residents in the area, protesting the placement of a bubble over one of the tennis courts at Bogert Park, which petition will become part of the permanent record. The City Manager also stated that it is the City Attorney's interpretation of the Montana statutes that in order to lease or sell municipal property held in trust, it must first be approved by a majority vote of the electors of the municipality voting at an eJection called for that purpose. He noted that the Commissioners had received copies of the Attorney General's opinion in a matter similar to this issue. Commissioner Martel expressed the opinion that Montana statutes would not apply to the I proposed use, as it would not change the use of public property but would instead expand the use. Commissioner Vant Hull stated that she feels the key word in this instance is "sell." She expressed the opinion that since the City is not selling public property, the statutes would not apply in this matter. City Attorney Crumbaker-Smith stated that the Montana statutes addresses both lease and sale. Mayor Mathre stated that she had talked to the City Manager in Great Falls recently and had been informed that the City of Great Falls is planning a ballot issue on a variety of leases for public property in Great Falls. She noted the City Attorney there had discovered, during a 03-10-86 98 controversial issue, that when publ ic property held in trust is leased, a vote by the electors is required. Commissioner Stiff inquired whether the tennis bubble in Great Falls is on public property. He was informed by Mayor Mathre that the tennis bubble in Great Falls is on country club property. City Manager Wysocki stated he feels even though it would be subject to public vote, there is a possibility that such a structure could be placed in one of the area's dedicated parks, I such as by the cemetery or softball complex, which would be more removed from a residential neighborhood. He stated the concerns expressed by the residents in the area of Bogert Park might then be eliminated. He noted that moving the project to an undeveloped area would require construction of a tennis court. He stated perhaps the tennis club might wish to consider a more permanent structure than a temporary bubble. Mayor Mathre inquired whether the City would build the tennis court. City Manager Wysocki replied that the construction of a tennis court in an undeveloped area would be an additional expense for the tennis club. Commissioner Vant Hull stated she had visited the tennis bubble in Helena and had found it to be extremely pleasant inside. She stated she would like to see one constructed in Bozeman, but at least one block away from any residential area. She stated she feels the City Manager1s suggestion to encourage the tennis bubble in a different location is excellent. She noted that possibly the Commission could direct the staff to work with the tennis club on this suggestion. Commissioner Stiff stated the tennis club has spent a lot of time on this proposal and he feels that the Commission owes it to them that their attorney also be allowed time to interpret the State statutes on this matter. Commissioner Jordan stated he has given this proposal a lot of thought and has come to the conclusion that he is not ready to turn City parks over to private clubs. He stated he feels that since all taxpayers pay taxes for the maintenance of the parks, that it would not be fair that only those who have the monetary capability be allowed to use the proposed facilities. Commissioner Stiff stated he feels it would be appropriate for the Commission to establish I what is to be voted on. He noted that a lot of time has been spent discussing this proposal but nothing is being resolved. Mayor Mathre stated the Commission can either say lIyesll or IInoll to this proposal. She noted however that if the Commission says lIyes, II the proposal should then be put on an election ballot. Commissioner Martel stated that the City of Helena leases its property to a private party on which their bubble exists and feels sure they had explored the legality of the lease. He stated he feels no legal questions exist and the City can lease the tennis court. Mayor Mathre pOinted out that was a personal opinion of Commissioner Martel's and the Commission must rely on their own legal counsel. City Manager Wysocki stated that the City of Helena has a different type of government than Bozeman. He pointed out that Helena has a charter-type government. Commissioner Martel stated that since a temporary bubble would expand the use of the park to more people, he feels the City should endorse the proposed use. He suggested perhaps the club should consider Southside Park, since there are no residences right next door. The City Manager stated there would be a parking problem at the Southside Park location. He again recommended that the tennis club be encouraged to look at a place maybe not even developed yet. He stated he is not particularly opposed to this proposal, but feels there may be a better place, particularly in view of the neighborhood concerns. The City Manager also informed the Commission there are two forthcoming elections on which a ballot can be placed. He stated this proposal can be placed on either the primary in June or on the November election. He I noted the deadline for placing an item on the June primary is the 20th of this month. Commissioner Martel stated he feels if the tennis group is willing to gamble $80,000 on a temporary use for a one-year period, the Commission should also be willing to gamble a on.e-year lease. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the City of Bozeman permit a temporary structure consisting of an inflatable bubble to be placed over one of the City's tennis courts, whether it be Bogert or Southside, in terms of a lease permit. The 03-10-86 089 motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel; those voting No being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion direct the City staff to work with the Bozeman Indoor Tennis Club to determine if it would be possible to construct an indoor tennis facility in a nonresidential area. I Commissioner Stiff stated he feels there might be a problem in using City property, with the tennis club laying the tennis court. Commissioner Vant Hull stated she feels the City should indicate its support before the club spends additional money on the project. City Manager Wysocki stated he would estimate the cost of constructing a tennis court at approximately $25,000 to $30,000. He stated he would recommend that the tennis club look at a structure which would house more than one court. He stated that they might wish to consider a conventional enclosure. Mayor Mathre pointed out that even if the tennis group and the City work out a proposal which is mutually acceptable, the proposal will still have to go to vote. The City Manager stated he estimates an acceptable agreement should be reached within the next ten days. Commissioner Vant Hull noted she had made the motion in general terms because she feels the legal question is not 100 percent nailed down. She stated she feels that an agreement could be worked out which would not necessarily have to be put to vote. Commissioner Jordan stated he feels that no City property should be utilized for a private use. Commissioner Stiff stated he feels apprehensive about building such a project in an un- developed area as far as security is concerned. He questioned if the structure would bE subject to vandalism. Commissioner Martel stated that all City parks are dedicated in residential neighborhoods, I just in different proximities. He stated there is always something in your neighborhood to which you could object. Commissioner Stiff expressed concern whether the City or the tennis group would own the facility if constructed on City-owned property. The City Manager stated it would depend on the terms of the lease. Commissioner Vant Hull moved the previous question. It was seconded by Commissioner Stiff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No, none. The main motion then carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel and Commissioner Jordan. The City Manager stated that if the tennis group does not wish to locate the indoor tennis structure to another location, the issue wi II be dropped. Plat - MSU Endowment 0 This was the time and place set for the discussion on the revised phasing of the pre- liminary plat of a portion of Tract C, Certificate of Survey 1243, located in the northwest one- quarter and northeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana I Principal Meridian, as requested by the Endowment and Alumni Foundation of Montana State University. This tract is known as the site of the proposed Advanced Technology Center and is located south of West College Street and west of South 19th A venue. Assistant Planner Dave Skelton presented the staff report. He noted the phasing change of the Advanced Technology Center had been discussed at a special public meeting of the City- County Planning Board on February 26, 1986, and the Board had recommended conditional approval. He stated this phase change request is a result of a letter from Mr. Jerry Gaston, representing the Endowment and Alumni Foundation. He stated Mr. Gaston's letter indicated that the Center's anchor tenant is now contemplating building on a lot in Phase I', rather than on the lot in Phase 03-10-86 100 I as originally selected. Mr. Skelton briefly reviewed the differences which would be necessary in the improvements installation by the phasing change. He stated the Planning staff has worked with the applicant and they have worked out an acceptable improvements plan. Mr. Steve Lere, Planning Director, reviewed the improvements agreement with the Commission. He stated that in essence, the improvements required by Phase I and Phase II have been reversed. He noted the improvements schedule includes Phase I construction of the sanitary sewer to the intersection of West College Street and Technology Boulevard South. He noted that Phase II I improvements would include the intersection improvements at Technology Boulevard and College Street and the improvement of Garfield from South 19th Avenue to Research Drive. He stated that Research Drive and Technology Boulevard would also be built to City standards in this phase, along with design improvements to College Street from South 19th Avenue to Technology Boulevard. Mr. Lere noted that Phase lib would allow development of the remaining two lots in Phase II and one of the two lots in Phase III which fronts on Research Drive and Technology Boulevard. He stated that development of the first lot in Phase lib would require that College Street be improved from South 19th Avenue to Technology Boulevard, along with the design improvements to College Street from Technology Boulevard to the west boundary of Phase I. He stated that development of the next lot in Phase lib would require that College Street be improved from Technology Boulevard to the west boundary of Phase I. He further stated that Phase III would require development of College Street from the west boundary of Phase I to U. S. Highway 191 and would require that Garfield Street be improved to a 28-foot pavement width with gravel shoulders from South 19th Avenue to Research Drive. He noted that if Phase I is initiated, College Street will then be improved from South 19th Avenue to the west boundary of Phase I. Mr. Jerry Gaston, Sanderson/Stewart/Gaston Engineering, addressed the Commission and stated the improvements schedule recommended by the Planning staff and the conditions recom- mended by the City-County Planning Board are acceptable to the applicant. Commissioner Vant Hull inquired if there is any linear difference in the amount of streets to be improved up front. Mr. Gaston replied that there will be additional costs involved by I doing Phase II first basically because of its size. Commissioner Stiff stated it appears that only two of the four parcels will be a part of the revised Phase I. He questioned whether the lots will float to the next phase. The City Manager stated that Phase II will logically become Phase I. Commissioner Jordan inquired as to the difference in the proposed phasing change as compared to the originally approved plat. Mr. Lere stated that basically the plat is the same, but the schedule for improvements is essentially reversed. City Manager Wysocki recommended that the Commission approve this phasing change subject to the conditions recommended by the City-County Planning Board. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion approve the revised phasing of the Preliminary Plat for the Advanced Technology Center with the following conditions as recommended by the City-County Planning Board. 1. That the Montana Department of Commerce, CDBG Division, approve the changes. 2. That Phase II be filed in parts and connected with improvements to West College Street. 3. That the proposed phasing and scheduling of improvements be accept- able by City staff. 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. I Break - 3:07 - 3:15 p.m. Mayor Mathre declared a break from 3:07 to 3:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Review of letter drafted by Mayor Mathre re spring clean-up campaign Mayor Mathre presented the draft letter and inquired whether any of the Commissioners 03-10-86 101 had any corrections or revisions. She noted the dates of April 19 to April 30 were suggested by Daria Joyner, Executive Director of the Bozeman Chamber of Commerce. Commissioner Vant Hull stated she has received comments from various people that the Carnegie Building lot is an eyesore. She inquired whether other City property such as the Carnegie site could be included along with public parks in the clean-up campaign. The Commission concurred that any public property will be included in the spring clean-up I campaign. The Commission also concurred that the letter was satisfactory to send as drafted by Mayor Mathre. Authorize Mayor to sign - Request for Budget Amendment - transfer $77 ,456 from various budget units to Unallocated Reserve; transfer $127,865 from Unallocated Keserve to various budget units ( per mid-year budget review) City Manager Wysocki stated that the Director of Finance had prepared the Budget Amendment in the most simple and understandable manner possible. He stated that had a Budget Amendment request been prepared for every line item, there would have been approximately 90 sheets. He stated that those figures appearing on the attached sheets which are in brackets represent funds which are being taken out and the figures without brackets represent funds into which sums are being deposited. He stated that all funds are being deposited into the Unallocated Reserve and then being distributed to the various line items as shown. The City Manager recommended that the Commission approve this Budget Amendment. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer $77 ,456 from various budget units to Unallocated Reserve, and to transfer $127 , 865 from Unallocated Reserve to various budget units per the mid-year budget review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Comm issioner Jordan and Mayor Mathre; those voting No, none. Renewal of Kennel License - Dorothy Kenck, 1317 West Alderson Street - Calendar Year 1986 I City Manager Wysocki stated that this item had been removed for discussion at the request of Commissioner Martel. Commissioner Martel stated he had requested this item be removed for discussion because of the January date on the application. The City Manager stated the delay in this item appearing on the agenda is due to the inspection of the premises which had been conducted. The City Manager recommended approval of the Kennel License renewal requested by Dorothy Kenck, 1317 West Alderson Street, for the Calendar Year 1986. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Kennel License as requested by Dorothy Kenck, 1317 West Alderson Street, for the Calendar Year 1986. 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. Acknowledge receipt of letter from Len Sorensen, 409 North Willson Avenue, re dogs at large; refer to staff City Manager Wysocki stated that the next two items were removed for discussion at the request of Commissioner Vant Hull. Commissioner Vant Hull stated she had requested this item and the following one be removed for discussion due to the number of complaints she has received from the public regarding dogs at large. She stated she feels it may be worthwhile to ask the staff to look into the possi- I bility of stricter enforcement of the dog ordinance and raising the dog licensing fee. City Manager Wysocki stated that the staff is currently in the process of revising the enti re I icensi ng fees. He noted the dog license fee will be included under the restructured schedule. The City Manager noted that he had included under the IIFYIII items a report from the Animal Control Officer which reflects that 16 citations were issued during January and February 1986 in the four-block radius of the Sorensen address. He noted the complainant had not spoken to City staff about this problem and he feels this problem should be handled by the staff . He stated if a problem still exists after the staff has addressed It, then it should be 03-10-86 102 taken to the Commission. The City Manager then recommended that the Commission acknowledge the receipt of this letter and refer the matter to staff. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the letter from Len Sorensen, 409 North Willson Avenue, regarding dogs at large and refer the matter to staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I Acknowledge receipt of letter from Nancy Vandeventer, 1615 South Black Avenue, No. 110, re dogs at large; refer to staff It was moved by Commissioner Jordan, seconded Commissioner Stiff, that the Commission acknowledge receipt of the letter from Nancy Vandeventer, 1615 South Black Avenue, regarding dog nuisances and refer the matter to staff. 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. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Notice of a County Health Board meeting to be held at 7: 00 a. m. on Tuesday, March 25, 1986, in the Community Room of the Gallatin County Courthouse. Mayor Mathre stated she will be out of town on that date and unable to attend. She requested that one of the Commissioners attend in her absence. Commissioner Vant Hull and Commissioner Martel indicated they would attend the meeting. (2) Animal Control Statistics report for the period through March 5, 1986. City Manager Wysocki stated that the statistics report indicates that the area of Sorensen's residence has not been ignored. He pointed out that there were 16 citations issued during the fi rst two months of 1986. He stated he feels the Animal Control officers are doing as I much as possible with one person on duty. He noted that the days and times for patrolling are adjusted periodically. Commissioner Martel stated that the volume of citations have increased. He noted that the problems appears to be with the City Judge, who dismisses the violator with little or no fine. (3) Memorandum from Commissioner Vant Hull regarding Helena's automated garbage service. Commissioner Vant Hull stated she had additional written information available from Helena which the other Commissioners are welcome to review if interested. (4) Letter to City Attorney Crumbaker-Smith from Terry Schaplow, attorney with Morrow, Sedivy and Bennett. (5) Agenda for the Bozeman City-County Planni ng Board meeting to be held at 7: 00 p. m. on March 13, 1986. (6) City Manager Wysocki stated he has a packet pertaining to the issue of insurance which issue wi II be addressed at the special legislative session. He stated the packet is being passed around to local legislators. (7) City Manager Wysocki indicated that "USA Today" had telephoned him inquiring whether the City is planning anything special because of the Bobcats winning the Big Sky Championship. (8) Mayor Mathre reminded the Commission of the Interagency Breakfast to be held this Wednesday, March 12, at 7:00 a.m. at the GranTree Inn. (9) Mayor Mathre indicated that she receives mail as Mayor in which the other Commis- I sioners might be interested. She stated she would leave such mail on the Commissioners' desk for their review. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Authorize City Mana~er to sign - Amendment No. 4 to Contract for Enqineerinq ervices with Thomas, Dean and Hoskins, Inc., for Water -System Improvements - add $2,537.17 03-10-86 103 Sewer Division It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I approve the Consent Items as listed above and that 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 Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Recognition - MSU Bobcat Basketball Coaching Staff and Players It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission relay their congratulations to the Montana State University Bobcat basketball team and coaching staff on their Big Sky Conference championship and wish them success in the NCAA tournament. 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. Adjournment - 3:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST ~O~~ion I 03-10-86