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HomeMy WebLinkAbout1985-02-04 37 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 4, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 4, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Action on the minutes of the regular meeting of January 28, 1985, was deferred for a period of one week. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Submittal of final report on water study inventory - Dave Donohue Mr. Dave Donohue, graduate student in Earth Sciences at Montana State University, stated he has completed the inventory of water studies, as well as a bibliography of all of the water studies gathered. Mr. Donohue stated his study dealt with a compilation of all existing reports on the hydrology of the area around Bozeman and preparing the bibliography. He stated he found over 100 reports which address water availability, water quality and water distribution in the immediate area around Bozeman. He indicated one copy of all those reports are in the City Manager's office, one set of copies in the City-County Planning Office, and one set of copies at the Montana State University Library. Mr. Donohue then indicated that the Water Resources Center at MSU published the bibliography free of charge. Dave Donohue then noted that this bibliography and the gathering of all the studies into one area will save time and money for contractors and for the City. He also noted that Dr. Steve I Custer indicated that this report was quoted in a legislative staff meeting in Helena. He noted that publicity indicates that Bozeman is aware of the need to consider alternative water resources and is concerned about the quantity and quality of available water. Mr. Donohue then stated the next step in the process is to review and summarize all of the reports so that the informa- tion is in a more usable form. He also suggested that the I ist of reports be updated on an annual basis; the costs for such an update should be minimal. Mr. Donohue then stated the study was completed within the budget amount. He noted the Commission had appropriated $2,500.00 for this project; and the actual costs were $1,944.00. Commissioner Vant Hull asked if there were any surprises in the information found. Mr. Donohue noted there were a number of reports written in the 1930's, 1940's and 1950's which he had not heard of prior to this compilation. City Manager Wysocki noted he had looked for the McMurtrey report on the Gallatin Valley ground water supply in the bibliography and had not found it. Dave Donohue stated the report is listed, but it is listed under Hackett, Visher, McMurtrey and Steinhulber. Commissioner Anderson noted the conclusions from the water conference held in November 1983 were that a bibliography of existing water studies was needed initially; and then other items should be addressed. The Commissioner then suggested that a copy of the reports and the bibliography be made available in the Bozeman Public Library for those who may be interested in this type of information. She also indicated that she feels copies of the bibliography should be distributed to those interested in water availability if possible, as well as to the Governor I and Lieutenant Governor so they are aware of the progress Bozeman has made. Mr. Donohue stated he will check with Dr. Peavy to determine how many copies of the bibliography are available for distribution. Mayor Weaver thanked Dave Donohue for his presentation. - Et NE! SW! of City Manager Wysocki stated that the requested one-year extension is for the Preliminary 02-04-85 . 38 Plat for Sapphire Subdivision, which is located in the east one-half of the northeast one-quarter of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The site is more commonly located along the south side of West Babcock Street, just north of the Main Mall. The City Manager stated that the Commission had tabled action on this request for a period of one week to allow the applicant time to submit a letter of withdrawal if he so desires. He then submitted to the Commission a letter from Gene Cook, Cook-Bell Real Estate, dated I January 31, 1985, requesting that the Commission table action on this request until the appli- cant requests further action. The City Manager noted that the approval of the Preliminary Plat will expire on March 26, 1985; and the applicant has indicated he feels the Final Plat will be completed by that time. He then recommended that the Commission acknowledge receipt of this request to table action on the request for a one-year extension of the Preliminary Plat for Sapphire Subdivision as submitted by the applicant. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission remove this item from the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the letter from Gene Cook dated January 31, 1985, request- ing that the Commission table action on the requested one-year extension of the Preliminary Plat for Sapphire Subdivision until the applicant submits a letter requesting further action. The motion carried by the followi ng Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Application for Beer and Wine License - Cowboy Cafe, 215 East Main Street City Manager Wysocki presented to the Commission applications for a Beer and Wine License for Calendar Years 1984 and 1985, along with the required fees, as submitted by the Cowboy I Cafe, 215 East Main Street. The City Manager noted that the Commission had previously granted temporary approval of I icense on December 17, 1984, based on the State1s temporary approval. He then noted the permanent State License has been received and recommended that the Commission approve the permanent City Licenses for Calendar Years 1984 and 1985. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the applications for a Beer and Wine License for the Cowboy Cafe, 215 East Main Street, for Calendar Years 1984 and 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commis- sioner Vant Hull and Mayor Weaver; those voting No, none. Si n Ordinance to allow for staff ap roval of certain si ns made City Manager presented to the Commission, Ordinance No. 1172, as prepared by the City Attorney, entitled: ORDINANCE NO. 1172 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.32.020 OF THE BOZEMAN MUNICIPAL CODE AS AMENDED BY ORDINANCE NO. 1170, PROVISIONALLY PASSED NOVEMBER 26, 1984, FINALLY PASSED AND ADOPTED DECEMBER 10, 1984, REVISING THE ADDITIONS AND DELETIONS OF THE UNIFORM SIGN CODE IN THE CITY OF BOZEMAN, MONTANA. PREAMBLE I The purpose of this Ordinance is to provide for approval of small wall signs and projecting signs made of combustible materials. The City Manager stated the Commission had requested that the staff prepare this Ordinance. He then recommended that the Commission provisionally adopt this Ordinance and that it be brought back in two weeks for final adoption. 02-04-85 39 Commissioner Mathre noted the Ordinance is quite long and asked what changes had been made. City Attorney Crumbaker-Smith stated that Section C has been revised to provide for administrative approval of combustible signs which meet certain specifications. She then noted the Ordinance is long; but the entire section of the Code mu'st be rewritten to make changes to any portion of the section. I It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1172, revising the Sign Ordinance to allow for staff approval of certain signs made of combustible materials, 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voti ng No, none. Ordinance No. 1173 - repealing the Board of Park Commissioners City Manager presented to the Commission, Ordinance 1'10. 1173, as prepared by the City Attorney, entitled: ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING CHAPTER 2.60 OF THE BOZEMAN MUNICIPAL CODE, ENTITLED "BOARD OF PARK COMMISSIONERS." PREAMBLE This Ordinance repeals the provision for the Board of Park Commissioners, which authorizes the appointment of an administrative board to manage and control the City's parks and playgrounds. The City Manager stated that the Commission had previously requested that the provision for the Board of Park Commissioners be repealed. He noted that the primary duty of the Board I of Park Commissioners, which was to review Preliminary Plats with designated park sites included, has been assumed by the Recreation Advisory Board. He then recommended that the Commission provisionally adopt this Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion provisionally adopt Ordinance No. 1173, repealing the Board of Park Commissioners, 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 Mathre, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - renewal of membership in NA TOA City Manager Wysocki submitted to the Commission a letter, along with an invoice, from the National Association of Telecommunications Officers and Advisors (NA TOA), which is an affiliate of the National League of Cities. He stated this item was placed on the agenda as the result of a brief discussion under "FYI Items" at last week's meeting. Commissioner Mathre stated that last year, the Commission approved membership in NA TOA at an annual cost of $30.00. The letter and attached invoice indicate that the fee was not paid for last year; and it is now time to renew the membership. The Commissioner stated that news- letters are sent every two months, providing information on actions by Congress, discussing franchise agreements from other communities, and problems in enforcing the franchise agreements. She then indicated she will put a routing slip on those newsletters which she has received for the Commissioners' review. I Commissioner Anderson stated she has received franchise agreements from two cities who indicated at the Congress of Cities in Indianapolis that their agreements are effective. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve renewal of membership in the National Association of Telecommunications Officers and Advisors and authorize the payment of $60.00 for this year's and last year's membership. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 02-04-85 Ii 0 Extension of Employme'nt Agreement between the City Manager and the City of Bozeman Mayor Weaver noted that Addendum No.1, extending the Employment Agreement between the City Manager and the City of Bozeman, was included in the packets. He noted this Addendum changes the City Manager's salary and extends the Agreement to June 30, 1988. Commissioner Anderson asked if the provisions in the original Employment Agreement will remain in effect if this Addendum is approved. City Attorney Crumbaker-Smith stated that Addendum No. 1 revises Sections 2 and 3 only; I and the remainder of the Employment Agreement remains in full force and effect. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve Addendum No. 1 to the Employment Agreement between the City Manager and the City of Bozeman and authorize the Mayor to sign the document. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1) A letter to the Commission from Robert G. Soper regarding appointments and re- appointments to various boards and commissions. ( 2) A memo from Senior Planner Mike Money concerning the verbal legal opinion sub- mitted by Rich Weddle, attorney for the Department of Commerce, on the constitutionality of requiring off-site improvements. ( 3) Copies of two actions dated January 28, 1985, in the Valley Unit litigation. ( 4) Weekly construction report, as submitted by Thomas, Dean and Hoskins, Inc., for Group "I, Schedule ", of the Water System Improvements Project. ( 5) City Manager Wysocki submitted an update on Committee action on HB239, providing for service districts. He stated it appears a number of amendments will be made prior to sub- mission of the bill for House action. He noted one of the amendments will specify the types of I service districts allowed under this provision. The City Manager then stated that action on HB53 has been tabled indefinitely. He then indicated that he attempted to get a copy of the bill, but no rewrite of the bill is available. The City Manager then stated that hearings will be held on HB382 and HB470, relating to the gas tax monies and requiring that the monies be expended through contracts, tomorrow at 3:00 p.m. He stated the Director of Finance will be in Helena and will register opposition on behalf of the City of Bozeman. The City Manager expressed concern that if all improvements are to be completed through contracts, the work may not be completed in a timely manner. Commissioner Vant Hull indicated that she plans to be in Helena tomorrow and will testify on the bills if it seems appropriate. She also expressed interest in Rep. John Harp's position on this bill, since she lobbied him in the last Legislative Session also. ( 6) City Manager Wysocki thanked the Commission for recognition of his first year with the City. ( 7) Commissioner Mathre stated that HB347, requiring single-member districts in the Commission-Manager form of government, has been introduced in the House Local Government Committee by Rep. Pistoria from Great Falls. The Commissioners concurred that this bill attacks the ability of the local community to determine the structure and form of government, which is authorized in the State Statutes and implied in the Constitution of the State of Montana. Com- missioner Mathre noted that Bozeman and Great Falls are the only two communities affected by this bill; and it is important to oppose the bill. ( 8) Commissioner Vant Hull stated the termination of the Federal General Revenue Sharing I Program for local governments is being discussed in Washington, D. C. She noted the loss of these revenues would be very detrimental to local governments and suggested that the Commission write a letter of opposition. Mayor Weaver noted the proposed termination of GRS funds is a rejection of the President's original position on new federalism and increasing authority for cities to deal with their problems. The Mayor then indicated he will draft a letter for review at next week's meeting. 02-04-85 L~ 1 ( 9) Commissioner Mathre noted that the Commissioners have received copies of a petition against the use of salt on City streets. She noted the staff has indicated that an economic trade-off is involved. She stated she feels it would be beneficial to provide the Commissioners with a comparison of the costs for using salt, sand and any other alternatives available. Commissioner Anderson expressed concern about getting sand into the storm drain system. Commissioner Mathre noted that the State uses salt on those streets for which it is I responsible. City Manager Wysocki stated the City uses a mixture of sand and salt; and the mixture used is determined by the temperature, the weather and whether the surface is snowpack or ice. He then noted the use of a chemical substitute for salt has been suggested; but that would dramatically increase the costs involved. Commissioner Vant Hull stated she has talked to some of those who signed the letter; and they have indicated a willingness to support a two-cent-per-gallon gasoline tax if it would eliminate the use of salt on the streets. City Manager Wysocki indicated he will ask the staff to research the costs of alternative methods of clearing the City streets; and will submit those to the Commission within the next two weeks. (10) Commissioner Vant Hull stated a progress report on the MSU water will be given at noon on Tuesday, February 5, 1985, in Room 215 of Traphagen Hall at the Water Resources monthly meeting; and suggested that some of the Commissioners may wish to attend. None of the Commis- sioners indicated any interest in attending the meeting. (11) Commissioner Vant Hull distributed to the Commissioners copies of a letter she had drafted to be sent to the unsuccessful applicants for positions on the various boards and com- missions. The Commissioners reviewed the draft letter and expressed concerns. Mayor Weaver stated he has drafted letters to those appointed or reappointed, the un- successful candidates, those who were not reappointed, and those who had requested to be re- moved from the board or commission. The Commission then concurred that the Mayor should I send out those letters as soon as possible. (12) Commissioner Jordan reminded the Commission of the meeting to be held at 4:00 p.m. on Wednesday in the County Commissioners' meeting room concerning incineration of garbage. He noted that the County Commissioners, representatives of Montana State University, the City Commissioners and possibly someone from Helena will be attending the meeting. (13) Commissioner Vant Hull expressed concern about the proposed wood burning plant, which is to be built near Mount Ellis Academy. Ms. Judy Rust stated she is coordinating an effort to resist the proposed wood burning plant; and invited the Commission to attend a meeting to be held Wednesday evening at 7:30 p.m. for that purpose. She indicated opposition to having a wood burning plant located anywhere in the Gallatin Valley, particularly because of air pollution. Commissioner Anderson suggested that citizens be appointed to an Air Quality Advisory Committee, to research and assess air pollution, with the Committee to submit recommendations to the City Commission and the County Commission. The Commissioner noted that Bozeman is an amenity community; and the air is one of those amenities. Commissioner Mathre indicated she feels it is time for an air quality update; and asked Commissioner Jordan to contact Jim Heimbach to schedule a quarterly update. (14) Commissioner Vant Hull indicated she will be absent from the March 4, 1985 meeting; and an authorization of that absence wi II be placed on next week1s agenda for action. Consent Items I City Manager Wysocki presented to the Commission the following "Consent Items. II Proclamation - "Hearts Pledge Weekll - February 11-15, 1985 Confirmation of selection of Housing Development Associates to administer Community Development ~Iock Lirant Program Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission 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: 02-04-85 ~2 those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. of This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Willowwood Partners to allow construction of fifty-nine efficiency apartment I condominiums on Lot G and portions of Lots H, I and K, Guy's Second Addition. This site is more commonly located at the south end of Dell Place. City Manager Wysocki submitted to the Commission a letter dated January 30, 1985, from George Mattson, representing Willowwood Partners, requesting that the Commission continue the public hearing indefinitely, to allow them an opportunity to resolve some of the conditions recommended for approva I. The City Manager then recommended that the Commission acknowledge receipt of this letter and continue the public hearing indefinitely. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the public hearing on the Conditional Use Permit requested by Willowwood Partners to allow con- struction of fifty-nine efficiency apartment condominiums on Lot G and portions of Lots H, I and I, Guy's Second Addition, be continued indefinitely per the applicant's request dated January 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. - Glen and Dave -MH and R-l to 0 Patterson oa The public hearing on the Zone Map Change requested by Glen and Dave Hargrove and Dave Johnson, c/o Joseph W. Sabol and Roger Hougen, had been opened and continued at the I regular Commission meeting held on October 3, 1983. The requested Zone Map Change would rezone from R-l to R-MH and R-l to R-2-A, portions of the northwest one-quarter and the north- east one-quarter of Section 35, Township 2 South, Range 5 East, Montana Principal Meridian. The site is more commonly located on the south side of Patterson Road between South Nine- teenth Avenue and Fowler Road. City Manager Wysocki stated that Mr. Glen Hargrove submitted a letter dated January 15, 1985, requesting that this application be withdrawn from the agenda. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the letter dated January 15, 1985 from Mr. Glen Hargrove requesting that the application for the Zone Map Change from R-l to R-MH and R-l to R-2-A for a portion of the northwest one-quarter and northeast one-quarter of Section 35, Township 2 South, Range 5 East, Montana Principal Meridian, be withdrawn. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Adjournment - 5:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission 02-04-85