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HomeMy WebLinkAbout1985-07-29 293 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 29, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 29, 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 Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 22, 1985, were approved as submitted. Mayor Weaver asked if any of the Commissioners wished to remove any of the consent items for discussion. Commissioner Vant Hull requested that the construction agreement with the State Highway Department, to increase the turning radius at the intersection of North Seventh Avenue and West Main Street, be removed for discussion. Open bids - water main replacement in the northeast sector of the City (CDBG monies) This was the time and place set to open bids for the water main replacement in the northeast sector of the City of Bozeman. This project is to be funded with Community Develop- ment Block Grant monies. The affidavit of publication for the "Call for Bids" was presented as published. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the water main replacement in the northeast sector of the City be opened and read aloud. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. The following bids were then opened and read aloud. I Amount Engineer's Estimate $88,246.20 T . W. Turner Billings, Montana License No. 5862-A $89,997.80 Mi lions Construction Company Helena, Montana License No. 5897-A $98,522.00 G & N Enterprises Helena, Montana License No. 5012-A $83,685.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids 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 Com- missioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. ouse This was the time and place set for a decision on the annexation request submitted by I McRay Evans for a 1. 925-acre tract of land known as Tract 1 of Certificate of Survey No. 688, located in the the southeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly located east of South Rouse Avenue and south of East Lincoln Street extended. City Manager Wysocki reminded the Commission that the decision on this item was tabled for a period of one week to allow the staff an opportunity to discuss the applicant1s proposal to use a portion of the site for horse pasture, since that is a nonconforming use in a residential zone. 07-29-85 ---~-_. ----- ---~~---- 29ft Assistant Planner Dave Skelton stated the staff has researched the matter, noting that horses are allowed only in the AS and RS-l zones, which are not City zones. He also noted that a minimum amount of acreage is required per horse, which the existing use does not meet. The Assistant Planner then stated that the annexation and zoning processes do not affect an existing use, so maintaining a portion of the site as horse pasture will remain as a non- conforming use in the City unless and until the horses are removed from the site for a period of at least ninety days. He then noted there are existing situations in which horses are I pastured within the City limits. City Manager Wysocki recommended that the Commission approve the request for annexation and direct the staff to proceed with the annexation process. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission determine the proposed annexation of the subject 1. 925-acre tract of land known as Tract 1 of Certificate of Survey No. 688, located in the the southeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, is in the community's best interests; and authorize and direct the City Attorney to prepare a Resolution of I ntention to annex the subject parcel. 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. Weekly staff report - status of water availability for remainder of summer City Manager Wysocki presented to the Commission a memo from Director of Public Service Dick Holmes concerning the amount of water available for the remainder of the summer. He briefly reviewed the memo, noting that the City has very little stream water available from its rights for the period August 1 through 10. The City Manager stated at the present time, that does not alter the City's projections, but it does eliminate the possibility of using stream water rights while maintaining the stored water supply. He then noted the City has used 1560 acre feet of its available Hyalite water. The City Manager then reminded the Commission that about 30 percent of the water in Hyalite Lake is available to the City, with the remaining water being I irrigation water. The City Manager then stated the City is operating within the projected levels necessary to maintain a water supply through the summer. He noted the City has increased enforcement of the water restrictions; and the Commission may wish to consider increasing the fine for violation, as proposed in the following agenda item. Commissioner Vant Hull asked how much of the water shortage is created by lack of precipitation and how much is created by the lack of storage in Mystic Lake this year. The City Manager noted the City has slightly less stored water this year because of the breach in Mystic Dam; but that item is past history. Commissioner Vant Hull noted that last week there were no projections of water supply next year if there is a dry winter and asked if projections have been made since then. The City Manager stated if the area receives the same snowfall as last year, Hyalite Lake should be close to full or completely full. He then noted that use of a presedimentation pond or surge basin could increase the City's capability of using its available stream water. Commissioner Jordan asked if the City uses all of its available water in Hyalite Lake, does it then rely totally on stream water. The City Manager stated the objective is to have some water remaining in Hyalite Lake. Commissioner Jordan then asked if the City should impose more stringent restrictions to protect the water supply. City Manager Wysocki stated the experts and their projections indicate that the present restrictions will provide adequate water through the winter. Commissioner Jordan noted the inventory of water rights and projections indicate a I negative amount of water available through the winter within a couple of years. The City Manager noted that situation has been improved by the recent Court ruling on the Lichtenberg water rights, which are winter rights. Commissioner Jordan asked if raising the Hyalite Dam ten feet will help alleviate the City's water shortage problems. The City Manager noted that additional stored water would be helpful. He then cautioned the Commission that it should consider storage in another drainage 07-29-85 ~- 295 also, since it is possible that the Hyalite drainage may receive less snow than the Bozeman Creek drainage. Ordinance No. 1185 - creating Chapter 13.21 of the Bozeman Municipal Code re watering restrictions City Manager Wysocki presented Ordinance No. 1185, as prepared by the City Attorney, I entitled: ORDINANCE NO. 1185 AN ORDINANCE AUTHORIZING RESTRICTION OF CERTAIN USES OF WATER FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC WELL BEING; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATION; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISION; AND DECLARI NG THE PRESENCE OF AN EMERGENCY. City Manager Wysocki stated the proposed ordinance is an emergency ordinance, which would become effective immediately. He noted the major change provided by this ordinance will be an increase in the fine for violation of the watering restrictions from a maximum of $25.00 to a minimum of $100.00 and a maximum of $500.00, in an attempt to gain greater compliance with the restrictions. He reminded the Commission that an emergency ordinance is effective for a period of ninety days, which will allow the staff an opportunity to observe how well the ordinance works and a chance to make revisions prior to adoption of a permanent ordinance on this matter. Mayor Weaver asked about the enforcement' of this violation since last week. The City Manager indicated that twelve citations were issued last week; and six were issued prior to that. He then reminded the Commission that most people are conforming with the watering restrictions, which is helping the City meet its goal to provide an adequate water supply through the summer. Mayor Weaver then questioned the $100.00 minimum fine, noting that is rather high for the individual who forgot to turn off his water on time one night. Commissioner Jordan stated I he prefers to have drinking water next year; and he feels people must be responsible. Com- missioners Vant Hull and Anderson indicated concurrence in Commissioner Jordan's comment. City Attorney Crumbaker-Smith responded that the City Judge has some discretion in imposing the fine for the first offense. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Ordinance No. 1185, an emergency ordinance creating Chapter 13.21 of the Bozeman Municipal Code concerning watering restrictions. 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. Break - 4:55 to 5:05 p.m. Mayor Weaver declared a break from 4:55 p.m. to 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - request for paving of East College Street with millings City Manager Wysocki presented to the Commission a letter from the residents along East College Street between South Tracy Avenue and South Black Avenue, requesting that the City use millings from 1-90 as a temporary surface for that one block. Mike Ellerd indicated he and Lisa Prugh are present to represent the area. He indicated the residents along East College Street are frustrated with attempts to obtain paving on that one-block area; and the residents are requesting that the City use millings to place a temporary I surface on the street. He noted that the residents have been told that the costs of paving the one-block segment would be extremely high; and attempts to combine that segment with paving along South Black Avenue have resulted in the proposed SID being ki lied on two different occasions. The City Manager noted that the contractor on the project indicated a willingness to haul the mi lIings to locations close to the interstate, but not through the city. He further noted that those portions of East Peach Street and East Tamarack Street which have been done carry large amounts of commercial traffic. He indicated that the portion of North Fifth Avenue which 07-29-85 - -_._~--~.._--_._-----~-- 29G was done runs along Westlake Park, which is City property; and that site carries a large amount of commercial traffic as well. The City Manager then indicated that City crews have spent as much time as possible on these projects and must now return to their regular summer duties. City Manager Wysocki then suggested that the City might possibly consider temporary pavement if the residents along East College Street were to sign a Waiver of Protest for the Creation of a Special Improvement District to provide permanent paving in the future. I Commissioner Anderson noted that concern about the impact on the unpaved portion of East College Street was discussed during the public hearing on the Willowwood PUD. She noted that the development would increase traffic on that street; and the dust already hangs in the area, causing a health hazard. Commissioner Jordan noted the subject area is already developed; and the property owners don't want to pay for an SID for paving. He then questioned if the property owners would be willing to sign waivers. Commissioner Vant Hull suggested a double-shot oil treatment might help alleviate the dust problems if the City decides not to use the mi lIings for temporary paving. Mayor Weaver noted there are compelling reasons for placing the temporary pavement on East Peach Street, East Tamarack Street and North Fifth Avenue; but he has reservations about extending the practice into a residential area where the property owners have not been willing to create an SID. The Mayor also suggested that an inventory of all unpaved streets be completed prior to any decisions on further use of the millings. Commissioner Mathre noted there are a large number of unpaved streets in the northeast sector of the community. She then stated all unpaved streets should be treated the same unless there are compelling circumstances. The Commissioner suggested a priority list be established prior to any additional paving. The City Manager indicated he is not certain there are any more millings available. He also suggested there may be other areas where surfacing with the millings should be considered. Lisa Prugh indicated she would be willing to do the footwork to contact absentee land- I owners, as well as those residing in the area, to obtain waivers. She noted there is a large amount of traffic on East College Street at this time; and pending developments will increase that traffic in the future. Mayor Weaver cautioned Mrs. Prugh that it may be difficult to obtain the waivers. He then asked if the City will be able to temporarily surface the street if the property owners sign the waivers. City Manager Wysocki stated if there are sufficient millings, which is not known at this time, and the Commission is willing to proceed, the staff can work with the residents in the a rea. He then indicated he is not sure there is sufficient time or staff toconlplete the paving this year if the materials are available. Commissioner Vant Hull asked about the possibility listed in the letter of letting the residents pay for a temporary surfacing. The City Manager indicated that the City cannot have a double standard on what is required when a street is improved. Mayor Weaver requested that this item be placed on next week's agenda for a staff update and further discussion. Discussion - draft letter to County Commission re financial support for the Bozeman Public Library City Manager Wysocki presented to the Commission a draft letter. as prepared by Commis- sioner Vant Hull, to the County Commission concerning financial support for the Bozeman Public Library for Fiscal Year 1986. The City Manager also submitted to the Commission a revision to I the fourth paragraph of the letter. Commissioner Anderson noted there was a good editorial in the Chronicle last week and suggested that a copy of it be forwarded to the County Commissioners with this letter. Mayor Weaver stated there are indications that the County taxpayers would be interested in carrying their pro rata share of the tax burden; and the County Commissioners should be encouraged to be as attentive to those county residents who use the library as they appear to be to those who do not. '; 07-29-85 297 Commissioner Vant Hull noted that as the population increases and the county use in- creases, the City faces increased costs in operating the library; but the County funding does not increase in the same manner. She also noted that twenty years ago, people within the city limits had a higher average educational level; but today the people in the county have a higher average educational level. She also stated the census also indicates that rural residents have:: () higher annual salary than city residents; and the County should share more of the costs of I operating the library. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission send the letter, as revised, to the County Commission concerning financial support for the Bozeman Public Library. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Discussion - sixth and seventh sections of the Housing Committee Report, entitled "Rehab" and " Resou rces " City Manager Wysocki stated the Commission had set this as the time to discuss the sixth and seventh sections of the Housing Committee Report, entitled II Rehab" and "Resources." Commissioner Vant Hull noted the only suggestion listed under "Rehab" is rehabilitation of the old hospital for low-income housing. She noted that in the future the City may be requested to consider rezoning of the site and possibly the use of I ndustrial Development Revenue bonds. Commissioner Anderson suggested that Community Development Block Grant monies might be a possible source for funding of the proposed rehabilitation. City Manager Wysocki noted the hospital has hired a consultant to review possible uses for the old hospital. He indicated the consultant is considering the possible conversion to low-income housing. He also noted that possible historic considerations must also be observed in submitting recommendations for future use of the building. I No comments were made on the final section of the report, entitled "Resources." Commissioner Anderson stated the original intent was that after the Commission reviewed the Housing Committee Report, it be made available to the press for publication. Commissioner Vant Hull suggested that after tomorrow evening's meeting on the "Zoning" section of the report, it might be appropriate to discuss the entire report, possibly addressing the four questions which she had submitted in her memo dated June 25, 1985. Mayor Weaver requested that discussion of the entire Housing Committee Report be placed on the August 12, 1985 agenda. Discussion - goals and policies for upcoming year City Manager Wysocki presented to the Commission a summary list of the top three priorities the Commissioners had submitted at last week's meeting. He noted that his top priorities are listed on the bottom of that sheet. The Commissioners then discussed the goals and policies as submitted and developed the following priority list: 51. Equip Fire Division adequately. Presedimentation pond. 4a. Solid waste disposal. 3d. Eliminate use of salt on the streets. 1 b. Implementation of Master Plan. 3a. Traffic planning. I The Commissioners then discussed the remaining goals and policies. as follows: Cable TV franchising. The Mayor requested that this item be placed on an agenda within thirty days for discussion and disposal. Air quality. Mayor Weaver indicated the County Health Board will meet on Thursday morning; and he will recommend that they create an advisory committee on air quality if the Commission so desires. He noted the Board is the agency responsible for the general health within the 07-29-85 298 County; and an advisory committee may be more beneficial under that agency than under the City Commission. The Commission concurred. 3k. Sidewalks on busier streets. The City Manager noted the Engineering Officer has a map which indicates where side- walks are currently located. He suggested that a grid be established for the city, and noted that an assessment district might be created for installation of sidewalks where they do not exist. I City Manager Wysocki then suggested that the Commission consider possible solutions to two transportation areas: the intersection at North Seventh Avenue and Durston Road and the westward extension of Kagy Boulevard to South Nineteenth Avenue. Mayor Weaver requested that the possible installation of sidewalks along busier streets and the two transportation concerns be placed on an agenda for discussion within sixty days. to increase City Manager Wysocki stated that Commissioner Vant Hull had requested this item be removed from the Consent Items. Commissioner Vant Hull expressed concern that the increased turning radius at the intersection of North Seventh Avenue and West Main Street may encourage additional truck traffic in the downtown area. She also asked if additional land will be required to increase the turning radius. City Manager Wysocki indicated that no additional right-of-way will be required. He then recommended that the Commission authorize the Mayor to sign the agreement. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the construction agreement with the State Highway Department, which provides for increasing the turning radius at the intersection of North Seventh Avenue and West Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, I Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from Mike Money requesting that several items pertaining to the Community Development Block Grant program be placed on the August 12, 1985 agenda. (2) A memo from Director of Public Service Holmes concerning the weeds in the median in Kagy Boulevard. (3) A copy of a letter from Engineering Officer Mann to the Highway Department division office in Butte requesting that the installation of traffic signals at the intersections of West Main Street and West College Street and East Main Street and Highland Boulevard be investigated. (4) A memo from Engineering Officer Mann concerning landfill groundwater monitoring. (5) The City Manager reminded the Commission that a meeting will be held at 7:00 p.m. tomorrow In the Community Room of the Library for the purpose of discussing the "Zoning" portion of the Housing Committee Report. Consent Items Items. " draw poker machines - Rockin I machines - JW's It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, 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 07-29-85 299 vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Adjournment - 6:35 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. I 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 07-29-85