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HomeMy WebLinkAbout1986-03-31 121 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 31, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 31, 1986, at 2: 00 p.m. Present were Mayor Mathre, Commissioner 1 Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes - March 24, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the March 24, 1986, meeting 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. Open bids - sewer cleaner and truck This was the time and place set to open the bids for the sewer cleaner and truck. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the sewer cleaner and truck be opened and read. 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. The following bids were then opened and read aloud: I Base Bid Less Trade-I n Net Bid M & W GMC Bozeman, Montana (truck only) $17,500.00 - - $17,500.00 Western Equipment Company Billings, Montana $48,655.00 $ 5,500.00 $43,155.00 Flexible Systems, Inc. Marina Del Rey, California $43, 1 44.00 $ 2,000.00 $41,144.00 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids for the sewer cleaner and truck be referred to staff for review and a recommendation to be submitted at next week's meeting. 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. Ordinance No. 1201 - establishing authority for watering restrictions during water shortages City Manager Wysocki presented Ordinance No. 1201, as prepared by the City Attorney, entitled: ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AUTHORIZATION TO ELIMINATE OR CURTAIL OUTDOOR WATER USES NOT ESSENTIAL TO THE PUBLIC HEALTH, SAFETY I AND WELFARE; PROVIDING FOR RESTRICTIONS ON PARTICULAR INDOOR USES; AND PROVIDING FOR PENAL TIES FOR VIOLATION INCLUDING TER- MINATION OF WATER SERVICE. City Manager Wysocki reminded the Commission that last year they adopted an emergency ordinance providing for watering restrictions, which automatically expired after ninety days. He noted this ordinance is basically the same as that emergency ordinance, but would become a permanent ordinance by being adopted through normal procedures at this time. Commissioner Martel indicated extreme reservations about this ordinance, stating that he has specific questions as well as general comments about the matter. 03-31-86 122 Mayor Mathre asked the City Manager to explain how the watering restrictions would be imposed under this ordinance. City Manager Wysocki stated that the ordinance provides only the authorization to impose watering restrictions when determined necessary and appropriate, as well as the mechanism for such implementation. He noted that the ordinance gives the authority for imposing restrictions to the Director of Public Safety or the Director of Public Service, with the concurrence of the City Manager. The City Manager then reminded the Commissioners that this is the same procedure 1 provided in the emergency ordinance previously adopted; and the staff discussed the matter with the Commission prior to imposing any watering restrictions. He then indicated the same process would be utilized this summer if watering restrictions are determined to be in the best interests of the community. City Manager Wysocki then briefly reviewed the procedure used last summer, noting that the City initially requested that customers conserve water, followed by implementation of an odd-even day watering system, followed by implementation of restricted watering hours within the odd-even schedule. He noted each of those steps was discussed with the Commission and well publicized prior to implementation. Commissioner Vant Hull expressed concern about the language used in a portion of the definition of "outdoor use;" and the City Attorney concurred that the language should be corrected. Commissioner Stiff expressed concern that the implementation of the watering restrictions lies with the administration, while the public expects the Commissioners to be responsible for the implementation of those procedures. The Commissioner then indicated that he feels that watering restrictions should be imposed early and strictly, due to the anticipated water shortage. He noted that if it is determined later that the stringent watering restrictions are not necessary, they can be relaxed slightly. City Manager Wysocki indicated that the ordinance was written In the same manner last year. He then stated that if the responsibility for invoking watering restrictions is placed on the administrative arm, those restrictions can be imposed immediately when necessary. However, if the legislative branch is given the responsibility to invoke the restrictions, it must follow a 1 lengthier process which does not address the problem in a timely manner. City Attorney Crumbaker-Smith reminded the Commission that an ordinance does not become effective until six weeks after provisional adoption, which makes that method of imposing restric- tions unworkable. Commissioner Vant Hull questioned whether watering restrictions should be imposed before they are necessary. Commissioner Jordan suggested that watering restrictions be imposed when the Hyalite Reservoir is full and there is no additional run-off to refill it. He noted that prior to that time, whatever water is available to the City is through stream rights; and once it has run past the water fi Itration plant, it cannot be retrieved. City Manager Wysocki noted that several factors enter into when watering restrictions are imposed. He noted that reports reflect that the snowfall through March 1 is less than 70 percent of normal. He then stated that the Hyalite Reservoir Company began filling the reservoir about two weeks ago, since the run-off is occurring earlier than usual. The City Manager then reminded the Commission that, although the City was criticized last year for its approach to watering restrictions, he feels it was a prudent approach because unti I July 7, there had been little draw- down on the Hyalite Reservoir. Mayor Mathre noted that last year the Commission received weekly water supply reports and suggested that might be helpful again this year. The City Manager indicated that the staff will provide those reports again this year once the water availability has been established. He then reminded the Commission that the only I control the City has over any water flow is the 2905 acre feet of City-owned water in Hyalite Reservoir. Mayor Mathre noted that the ordinance provides an exemption from the outdoor watering restrictions for car washes. She then asked if that should be expanded to address other types of businesses, such as paving and house painting. City Attorney Crumbaker-Smith cautioned that if the number of uses is expanded, it will become difficult to police and enforce the ordinance. She also indicated that car washes do only 03-31-86 123 one type of business, while the others listed actually involve other activities which do not require the use of outdoor water. The City Manager noted that the problems and concerns raised last year were exceptional; and those involved were aware of the watering restrictions prior to letting of contracts. He then concurred with the City Attorney's comments, indicating support for the ordinance as submitted. Commissioner Martel expressed concern about the criminal provisions of the penalty section 1 as well as the severe penalties imposed under this ordinance, indicating that he feels a pro- gressive fine structure should be considered. The Commissioner then noted that last year, the City had 750 acre feet of water still available in Hyalite Reservoir, which reverted back to reservoir company ownership as of October 15, indicating he does not feel that is prudent use of available water. He then indicated that the information sheet he had distributed to the Commis- sion just prior to the meeting reflects that the City does not have a water shortage, even when anticipated losses through the distribution system are considered. City Attorney Crumbaker-Smith stated that violations must be considered a misdemeanor criminal offense for purposes of enforcement. She then indicated that the City Judge has the authority to suspend a portion or all of the fine if he deems that circumstances warrant such a suspension. Commissioner Vant Hull noted that when the fine was originally set at $20.00, some people ignored the restrictions but paid the fine if a citation was issued. She noted after the fine was raised to $100.00, few citations were issued because people were more willing to abide by the restrictions. Assistant City Manager Barrick reminded the Commission that the reason for imposing the watering restrictions is to maintain an adequate supply in the City's transmission lines and water pressure to fight a major fire, should one occur. Mayor Mathre asked if the Commission wishes to revise the fine structure. Commissioner Jordan and Commissioner Vant Hull expressed support for the existing fine structure; and Commis- sioner Stiff indicated that his concerns about the fines have been adequately addressed. Commissioner Martel then expressed concern about management imposing the watering I restrictions rather than the Commission. He further indicated that he is concerned about unfair ordinances, and he feels this one as well as the one on sidewalk snow removal fall into that category. Commissioner Martel then asked if the Commission can anticipate receiving weekly water supply reports beginning in May. The City Manager indicated the staff can begin providing water supply reports whenever requested. He stated the key to the situation is when the City begins to draw down on its supply in Hyalite Reservoir. Commissioner Stiff indicated support for the ordinance, noting that the City must have the capability to impose watering restrictions when determined necessary. Commissioner Martel stated he wi" vote against this ordinance because he feels it needs to be revised; and he does not feel there is any real need to adopt it so early in the year. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1201, providing for authorization to eliminate or curtail particular outdoor water uses and for restrictions on particular indoor water uses, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Break - 3:14 to 3:28 p.m. Mayor Mathre declared a break from 3:14 p.m. to 3:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Application for Beer and Wine License - Price Rite Drug Center, 910 North Seventh Avenue - Calendar Year 1986 City Manager Wysocki stated that Mr. Ed Harrington just submitted an application for a Beer and Wine License, along with the required fee, for Price Rite Drug Center, 910 North Seventh Avenue, for the remainder of Calendar Year 1986. He noted that attached to the applica- tion is a letter from the State granting temporary approval, pending receipt of the State License. 03-31-86 121t He stated that Mr. Harrington has indicated that the opening of his new store will be on Thursday, April 3, 1986. Mayor Mathre requested a motion to consider this an agenda item, since it was just brought before the Commission. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that since this appears to be a routine agenda item, it be accepted and added to the agenda for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the application for a Beer and Wine License for Price Rite Drug Center, 910 North Seventh Avenue, for the remainder of Calendar Year 1986, pending receipt of the permanent State License. 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. Appointment to Audit Committee City Manager Wysocki presented to the Commission a memo from the Clerk of the Commission listing the single applicant for the citizen member on the committee. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission appoint Ken Vail to the Audit Committee to replace Alfred M. Stiff as a citizen member, with a two-year term to expire on March 1, 1988. 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. It was then moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission appoint Alfred M. StIff to replace Kenneth L. Weaver as a Commission member on the Audit Committee, with a two-year term to expire on March 1, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, I Commissioner Martel and Mayor Mathre; those voting No, none. Commissioner Stiff abstained. Mayor Mathre then noted that the structure, role and scope of the Audit Committee provides that the Commission appoint the Chairman of this Committee. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission appoint Vern Voegle to serve as Chairman of the Audit Committee. 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. Appointment to Pedestrian/Traffic Safety Committee City Manager Wysocki presented to the Commission a memo from the Clerk of the Commission listing the single applicant for this committee. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission appoint Dora Anderson to replace Sarah Helfrich on the Pedestrian/Traffic Safety Committee, with a term to expi re on January 1, 1987. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from the Downtown Bozeman Association recommending the creation of a Main I Street Historic District and encouraging the Commission to include monies for the Historic Preservation Program in this year's budget. (2) A letter from the Pedestrian/Traffic Safety Committee encouraging that West Koch Street not be designated as a through street until sidewalks have been installed between South 15th Avenue and South 23rd Avenue. (3) A Notice of Appeal indicating that Warren Townsend has appealed the final judgment from the Eighteenth Judicial District Court on his suit against the City. 03-31-86 125 (4) The City Manager reminded the Commissioners that the Department of Commerce will be conducting a meeting on Wednesday, April 2, 1986, at 7:30 p.m. in the Baxter Hotel concerning economic development in Bozeman. He noted this is part of the Certified Cities Program. (5) Commissioner Vant Hull submitted to the Commissioners copies of a legal notice indi- cating that the Department of Highways will conduct a public hearing in the Community Room of the Gallatin County Courthouse at 7: 30 p. m. on Wednesday, Apri I 23, 1986, concerning the location 1 and the major design features of the North 19th Avenue and West Oak Street and Kagy Boulevard roadways. Commissioner Stiff asked how the proceedings of that meeting will be report~d back to the Commission. Commissioner Vant Hull indicated it could be handled through IIFYI Itemsll on the following week's agenda. (6) The City Manager stated that he and Director of Public Service Dick Holmes will go to Butte on Thursday, April 3, 1986, to meet with one of the State Highway Commissioners concerning a third interchange for Bozeman at North 19th Avenue extended. (7) Mayor Mathre noted that the Commissioners had received copies of a letter addressed to Assistant City Manager Barrick concerning an upcoming meeting of the Engineers' Club. Commissioner Stiff asked if the Commissioners should attend the meeting. Assistant City Manager Barrick indicated the Commissioners are invited to attend if they wish. (8) Mayor Mathre then stated she has received a notice from the PSC that the City's request for reconsideration of one element of the rate order has been denied. She then indicated that she will route this to the other Commissioners for their information. (9) Mayor Mathre stated she has received a copy of the minutes from the last T AC meeting and indicated she will circulate them to the Commissioners. Consent Items I City Manager Wysocki presented to the Commission the following IIConsent Items. II Proclamation - IINational Library Weekll - April 6-12, 1986 Authorize Call for Bids - furnishing of 3/4-inch minus crushed base course (roadway mix) (to be paid through Gas lax Apportionment mOnies) Application for Gaming License - Little John's, 515 West Aspen Street - one video draw poker machine - through June 30, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons 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 - 3:47 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 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. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission 03~31-86