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HomeMy WebLinkAbout1986-10-20 453 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 20, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 20, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Martel, Commissioner Jordan, Commissioner Vant Hull, Commissioner Stiff, City Manager Wysocki 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. Mi nutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of October 14, 1986, 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. Sundance, 120 North 19th Avenue City Manager Wysocki submitted to the Commission an application, along with the required fee, for two video draw poker machines, as submitted by The Sundance, 120 North 19th Avenue. He then reminded the Commission that action on this application had been tabled for a period of two weeks to allow the staff time to respond to specific concerns raised by the Commission. He stated that Acting City Attorney Pete Lineberger is present for this agenda item and will respond to any questions. The City Manager then submitted to the Commission copies of a letter from Acting City I Attorney Lineberger and briefly reviewed the contents of that letter. He noted that one of the issues raised two weeks ago was whether the liquor license for that establishment is still in force, indicating that the City had received copies of affidavits indicating that alcoholic beverages had been served on an intermittent basis since last spring. He then reminded the Commission that the validity of the license is one which must be submitted to the State Liquor Licensing Bureau for action; and the only question before the Commission is whether or not to approve the appl ication for two video draw poker machi nes. In response to a question from Commissioner Vant Hull, Acting City Attorney Lineberger stated that the State Liquor Division, under the Department of Revenue, addresses whether the liquor license meets the laws set forth in the State Statute; therefore, the Commission is not empowered to review that issue. He then noted that one question is whether the premises have been used in a manner to protect its grandfathered status under the Zone Code; and the City has received copies of affidavits stating that it has been so used. The Acting City Attorney then stated the only issue before the Commission at this time is the application for two video draw poker machines. Commissioner Vant Hull stated she feels that the validity of the temporary liquor license should be addressed before the Commission takes action on the application, indicating that she fears approval of this application may affect any review of the liquor license. The Acting City Attorney stated the two issues are totally separate; and action on the one wi II not affect the other. I It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commis- sion approve the application submitted by The Sundance, 120 North 19th Avenue, for two video draw poker machines through the period ending June 30, 1987. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Stiff and Commissioner Vant Hull. City Manager Wysocki stated that the Liquor Licensing Division must act on the liquor license separately. He noted that if the license is determined invalid, the license for the video draw poker machines will become invalid due to statutory requirements for the licensing of such machines; but that is the only way in which the two issues are linked. 10-20-86 45 Lt Commissioner Stiff stated he feels that, due to the concerns expressed by the contiguous property owners and residents, he feels it is in the City's best interest to make sure every- thing is bona fide; but he feels the liquor license and the poker machines are two separate issues. Commissioner Jordan asked if the State would have already reviewed this license prior to issuance of the temporary license. Acting City Attorney Lineberger noted that issuance of the temporary license implies nothing is wrong; however, he is not aware of the extent of the in- I vestigation completed prior to that issuance. He then noted that, due to understaffing in the department, it is possible that in-depth investigations are not conducted unless a specific question is raised. The Acting City Attorney then noted that the neighborhood concerns do not legally affect either the licensing of poker machines or the liquor license, but they would be taken into consideration under the Zone Code or possibly other local government regulations. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion direct the staff to inquire about the liquor license for The Sundance, per the Commission's concerns. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Martel. Continued discussion - review of Final Strategic Plan - Doris Fischer, Gallatin Development Corporation City Manager Wysocki reminded the Commission that this item was discussed at last week's meeting; but no action was taken because only three Commission members were present. He then noted that two of the sections in the Final Strategic Plan affect the City. One section requires that a City employee be appointed as the liaison or contact person for individuals or companies wishing to expand existing businesses or relocate to Bozeman. He noted that person will be responsible for guiding the interested party through the planning and zoning processes and will coordinate his efforts with the Gallatin Development Corporation. He stated this item will not I result in any additional budgetary considerations for the City; but the individual so appointed will assume additional responsibilities. The City Manager stated the second section affecting the City addresses the one-mill levy for economic development for each of the next five years, if the voters approve that levy in the November election. He noted that the Final Strategic Plan anticipates the revenues from that levy; and the Gallatin Development Corporation has requested that the Commission channel those monies to them if the levy is approved. He then noted that the Commission would appropriate those monies during the regular budgeting cycle if that approval is given; and the Gallatin Development Corporation would then be responsible for using those monies in the manner designated. Commissioner Stiff stated he feels the Commission should unanimously support the Final Strategic Plan because stimulation of orderly economic growth is needed. He then asked when the City will be asked to budget the first year's levy, noting that the Gallatin Development Corporation's fiscal year is based on the calendar year. Ms. Doris Fischer, Executive Di rector of the Gallatin Development Corporation, stated that the one-mill levy has not been projected in their Calendar Year 1987 budget. She indI- cated that the Commission would address the use of those monies during its Fiscal Year 1987-88 budgeting process; and the Gallatin Development Corporation will include those mill levy monies as revenues in the Calendar Year 1988 budget. City Manager Wysocki recommended that the Commission endorse the Final Strategic Plan as prepared by the Gallatin Development Corporation. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the COrT'- mission endorse the Final Strategic Plan as prepared by the Gallatin Development Corporation. 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. 10-20-86 455 Ordinance No. 1222 - Zone Code Amendment - add Chapter 18.57 to the Bozeman Municipal Code to provide for clustered lot development City Manager Wysocki presented Ordinance No. 1222, entitled: ORDI NANCE NO. 1222 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY INSERTING A NEW CHAPTER 18.57, PROVIDING FOR CLUSTERED LOT DE- I VELOPMENT IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had conducted the public hearing on this Zone Code Amendment on December 2, 1985 and subsequently approved the amendment. He noted that Commissioner Martel had expressed some concerns at last week's meeting; and action was tabled for one week to allow the staff an opportunity to respond to those concerns. Senior Planner Elkins reminded the Commission that the Bozeman Deaconess Foundation had originally requested this Zone Code Amendment to provide greater flexibility for anticipated remodeling of the old hospital site. She noted that Commissioner Martel had raised questions about the City Commission approval under Section 18.57.030 (G) rather than Building Official approval. She noted that the common party wall constructed under this section must meet Building Code regulations, and any variations which meet those structural requirements could be addressed by the City Commission, providing greater flexibility in the development. The City Manager recommended that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1222, adding Section 18.57 to the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2638 - prescribin the form the covenants for the I pooled specla Improvement district on s, series 1 650 and 651 City Manager Wysocki presented Commission Resolution No. 2638, entitled: COMMISSION RESOLUTION NO. 2638 RESOLUTION RELATING TO $860,000 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1986 (SPECIAL IMPROVEMENT DISTRICT NOS. 649, 650 AND 651); PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. City Manager Wysocki noted this bond issue is for Annie Subdivision. He then reminded the Commission that this Resolution was placed on last week's agenda for action. At that meeting, the Commission vote was 2 to 1, which effectively did not adopt the Resolution because at least 3 affirmative votes are required for adoption under Section 7-3-4323, M.C.A. The City Manager then noted the entire Commission is present at this meeting and requested that they reconsider the Resolution at this time. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2638, prescribing the form and terms and the covenants for the pooled special improvement district bonds, series 1986 (S ID Nos. 649, 650 and 651), and authorize and direct the staff to complete the necessary actions for completion of the bond sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Commissioner Jordan; those voting No being Mayor Mathre. I Commission Resolution No. 2639 - intent to vacate alley in Blocks 46 and 49 of the Northern Pacific Addition (between Broadwa and McAdow Avenues runnin north and south from Fridley treet City Manager Wysocki presented Commission Resolution No. 2639 entitled: COMMISSION RESOLUTION NO. 2639 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCKS 46 AND 49 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. 10-20-86 455 City Manager Wysocki reminded the Commission that Westland Enterprises had submitted a request for vacation of the alley lying between Broadway Avenue and McAdow Avenue, running north and south from Fridley Street. He then recommended that the Commission adopt Commission Resolution No. 2639 and set the public hearing date for November 17, 1986. Commissioner Vant Hull asked if the staff has had an opportunity to research the possi- bility of charging for the vacated right of way, and whether that process would be completed prior to the public hearing. I The City Manager stated that the staff has begun to research the issue, but he does not believe any formal process will be established prior to the public hearing on this specific request. Commissioner Jordan asked if just the alley is being vacated under this request. The City Manager indicated it is. He noted that some of the streets in that area have a I ready been vacated. He then indicated that he has discussed this matter with Mr. Simkins, noting that access must be maintained to all of the lots in that area. Commissioner Jordan then asked if the staff concerns should be listed at this time rather than during the public hearing process. City Manager Wysocki indicated that the staff has reviewed the request and no concerns have been expressed at this time. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2639, stating its intent to vacate the alley in Blocks 46 and 49 of the Northern Pacific Addition and setting the public hearing date for November 17, 1986. It was moved by Commissioner Vant Hull that action on this request be tabled until the staff has had an opportunity to establish a process for charging for the vacated right of way, if it is determined feasible. The motion died for lack of a second. The original motion, to adopt Commission Resolution No. 2639, then carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff, Commissioner Jordan and Mayor Mathre; those voUflg No being Commissioner Vant Hull. Pledged Securities as of September 30, 1986 I City Manager Wysocki stated that the subcommittee has not yet reviewed the Pledged Securi- ties and recommended that this item be deferred for one week. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from Director of Public Service Holmes indicating that the City has hired a new City Engineer, who will report to work on or before November 17. He noted that the memo gives a brief background on Mr. Phil Forbes, who will fill that vacancy. (2) The City Manager announced that he has hired Mr. Bruce Becker as the new City Attorney; and he will report to work on November 3. (3) A letter from the Peace Corps Campus Representative indicating that a recruitinn drive will be held on October 20-22, and inviting the Commissioners to participate. (4) The City Manager reminded the Commissioners of the Certified Cities banquet to be held in Helena on Wednesday, October 22. He noted the banquet will be held at the Colonic,l Inn beginning at 7:00 p.m. He indicated that he will attend and suggested interested Commis- sioners contact the Gallatin Development Corporation office by Wednesday afternoon. Consent Items Items." I 10-20-86 457 Ron Rice Construction Management, I nc. (9 ) Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis~ sion 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 Vant Hull, Commissioner Jordan, Commissioner I Stiff and Commissioner Martel; Mayor Mathre voted Aye on Items a, b, c, f and g; those voting No being Mayor Mayor on Items d and e. Adjournment - 2:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. 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. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 10-20-86