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HomeMy WebLinkAbout1985-12-09 472 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 9, 1985 ************************ The Commission of the C,ity of Bozeman met in regular session in the Commission Room, Municipal Building, December 9, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Acting City Manager Barrick, City I Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Jordan was absent in compliance with Section 7-3-4322(2), M.C.A. 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 for discussion. Minutes - December 2, 1985 Commissioner Vant Hull asked about Mr. Zimmer's statement at the top of Page 2, which indicates that the PCC will determine whether an expanded Citizens' Advisory Committee should be formed. Mayor Weaver requested that a copy of the Interlocal Agreement be submitted for Com- mission review. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the minutes of the regular Commission meeting held on December 2, 1985 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. add I This was the time and place set for the decision on four Zone Code Amendments requested by the Planning Staff and Highland Medical Park Owners' Association, amending Sections 18.56.020(C), 18.56.030(D) and 18.56.100(B) and adding Section 18.57 to the Bozeman Municipal Code. These Zone Code Amendments will amend the residential townhouse regulations and will add clustered lot development regulations. Acting City Manager Barrick concurred in the Zoning Commission's recommendation for approval of the four Zone Code Amendments, adding the TR zoning district to Section 18.57.030(A), which provides the list of development districts in which clustered lot develop- ments are to be allowed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson I that the Commission approve the four Zone Code Amendments proposed by the Planning Staff and the Highland Medical Park Owners' Association to amend Sections 18.56.020(C), 18.56.030(D) and 18.56.100(B) and add Section 18.57 to the Bozeman Municipal Code, with the addition of the TR District as recommended by the Zoning Commission, to amend the residential townhouse regulations and to add clustered lot development regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. Ordinance No. 1193 - Zone Map Change - R-4 to B-2 - north 42' of west half of Lot 7, north 421 of Lots 8, 9 and 10, west 42' of the east 841 of Lots 24 and 28 and the west 56' of Lots 24 I and 28, all in Block E, Tracy's Third Addition (522 West Beall Street) Acting City Manager Barrick presented Ordinance No. 1193, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-4" (RESIDENTIAL--MEDIUM-DENSITY--APARTMENTS) DISTRICT TO A "B-2" (COMMUNITY HIGHWAY BUSINESS) DISTRICT ON A PARCEL OF LAND DESCRIBED AS THE NORTH 42 FEET OF THE WEST ONE-HALF OF LOT 7, 12-09-85 - -_._~~~ 473 THE NORTH 42 FEET OF LOTS 8, 9 AND 10, THE WEST 42 FEET OF THE EAST 84 FEET OF LOTS 24 AND 28, AND THE WEST 56 FEET OF LOTS 24 AND 28, BLOCK E, TRACY'S THIRD ADDITION TO THE CITY OF BOZEMAN, MONTANA. The Acting City Manager reminded the Commission that the public hearing on this item was conducted on November 18 and the decision to approve the requested Zone Map Change was made on November 25, 1985. He then recommended that the Commission provisionally adopt this I Ordinance, providing for the Zone Map Change, and that it be brought back in two weeks for final adoption. Commissioner Vant Hull indicated that she will vote against the Ordinance because she feels the neighborhood is not being properly protected. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1193, changing the zoning on the parcel commonly known as 522 West Beall Street from R-4 to 0-2, 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 Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. Ordinance for City Manager for Calendar Year 1986; Addendum No. Acting City Manager Barrick presented Ordinance No. 1194, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The Acting City Manager also noted that a copy of the proposed Addendum No. 2 to the Employment Agreement was included in the packet of information submitted to the Commission. I Mayor Weaver highlighted the proposed changes in the Ordinance and the Addendum. He noted that the salary change reflects a 3.5 percent increase, which is the same as other City employees received during their recent salary adjustments. He further indicated that under this Addendum, the amount of the term life insurance policy and the accompanying premium would be increased. The Addendum also provides for an allowance for use of a personal vehicle on City business within the city during other than business hours, rather than provision of a City vehicle as contained within the original Employment Agreement. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1194, establishing the salary for the City Manager effective January 1, 1986, 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, Commissioner Anderson and Mayor Weaver; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign Addendum No. 2 to the Employment Agreement with City Manager Wysocki. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. Commission Resolution No. 2587 - Certifying delinquent SID's to the County Acting City Manager Barrick presented Commission Resolution No. 2587, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2587 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT IN- STALLMENTS DUE AND PAYABLE NOVEMBER 30, 1985, AND UNPAID AS OF THAT DATE, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT INSTALLMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESSMENTS, UNPAID AS OF NOVEMBER 30, 1985, ALSO DELINQUENT, PURSUANT TO SECTIONS 7-12-4182 AND 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE. · 12-09-85 47't The Acting City Manager stated that the list of delinquent SI D's to be certified to the County has not yet been completed. He noted that any mai I postmarked as of November 30 has been accepted during the past week; and despite working this weekend, the Computer Programmer has been unable to complete the I ists as of meeting time. The Acting City Manager then requested that the Commission table action on this item as well as the following item for a period of one week. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- I mission table action on Commission Resolution No. 2587 for a period of one week to allow the staff an opportunity to complete the list of delinquent Special Improvement District assessments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Commission Resolution No. 2588 - Certifying relevied delinquent SID's to the County Acting City Manager Barrick presented Commission Resolution No. 2588, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2588 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN AU- THORIZING THE DIRECTOR OF FINANCE TO RECERTIFY TO THE GALLATIN COUNTY TREASURER THOSE SPECIAL ASSESSMENTS RELEVIED AND RE- ASSESSED BY PRIOR COMMISSION ACTION AND SUBSEQUENTLY CERTIFIED TO THE GALLATIN COUNTY TREASURER AS DELINQUENT IN 1982, 1983 OR 1984. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on Commission Resolution No. 2588 for a period of one week to allow the staff an opportunity to complete the list of delinquent Special Improvement District assessments for those districts which have been relevied during the past year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I Appointments to Board of Adjustment Mayor Weaver stated the first item to be determined is whether the Commission wishes to proceed with appointments to the various boards and commissions at this time and, if so, what method is to be utilized. Commissioner Anderson and Commissioner Vant Hull indicated an interest in making appoint- ments at this time. Commissioner Mathre indicated support for completing the reappointments at this time, but she would prefer to defer filling vacancies until a full Commission is present. She also noted that in some instances there are not adequate applications to fill all of the vacancies. The Clerk of the Commission stated that Commissioner Jordan has indicated a desire to be involved in the appointment process and has requested that all appointments be deferred for a period of one week if possible. Following a brief discussion the Commissioners concurred that they would proceed with at least a portion of the appointment process at this time. Clerk of the Commission Sullivan then indicated that some of the applications listed on the original list, as well as all of those contained on the second list, were received after the December 2, 1985 deadline for receipt of applications. Following discussion, the Commissioners concurred that only those applications received by the December 2, 1985 deadline will be con- sidered for appointment at this time. The Commissioners then proceeded with appointments to the various boards and commissions as follows. I Mayor Weaver recommended that the Commission reappoint Les Nielsen to the Board of Adjustment. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's reappointment of P. L. (Les) Nielsen to the Board of Adjustment, with a three-year term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- l sioner Mathre and Mayor Weaver; those voting No, none. 12-09-85 475 Commissioner Mathre indicated that she feels the Commission should wait one week before filling the other position, which is a vacancy due to Leo Hoffart's resignation. It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission appoint George McClure to replace Leo Hoffart on the Board of Adjustment, with a three-year term to expire on December 31, 1988. It was then moved by Commissioner Mathre that action on the above motion be tabled for I a period of one week. Mayor Weaver yielded the gavel to Mayor Pro Tempore Mathre for the purpose of seconding the motion. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. The original motion, to appoint George McClure, then failed by the following Aye and No vote: those voting Aye being Commissioner Anderson and Commissioner Vant Hull; those voting No being Commissioner Mathre and Mayor Weaver. Mayor Weaver requested that this appointment be placed on next week's agenda. Appointments to Board of Appeals It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission reappoint Robert Lashaway to the Board of Appeals, with a three-year term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint George McClure to replace Corbin Ross on the Board of Appeals, with a three-year term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Mathre. I Appointments to Art Advisory Committee Mayor Weaver noted that no applications have been received for this committee. The Com~ missioners then directed the Clerk of the Commission to readvertise this position, and any others for which no applications have been received, with a cut-off date of December 20, 1985. Appointments to Audit Committee Mayor Weaver noted that no applications have been received for this committee, either. He then suggested the Commission may wish to review the By-Laws to determine if any changes should be made in its structure prior to advertising that a vacancy does exist. The Mayor then requested that a copy of the By-Laws be included in next week's packet, and that the item be placed on the agenda for discussion prior to any new appointments being made. Appointments to Band Board It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission reappoint Charles McGuire to the Band Board, with a three-year term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. Mayor Weaver noted no other appl ications have been received for this board and requested that it be readvertised also. I Appointments to Cemetery Board It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission appoint Del Samson to replace Chuck Molyneaux to the Cemetery Board, with a three- year term to expire on December 31, 1988. The motion failed by the following Aye and no vote: those voting Aye being Commissioner Anderson and Commissioner Vant Hull; those voting No being Commissioner Mathre and Mayor Weaver. Mayor Weaver requested that this appointment be placed on next week's agenda. 12-09-85 47C; Appointments to City-County Planning Board It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission reappoint Stephan Custer to the City-County Planning Board, with a two-year term to expire December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Mayor Weaver noted that Mr. Banks, who is currently a member of the Zoning Commission, I had applied for reappointment to that commission prior to the application deadline. A fter the deadline, he amended that application to include the City-County Planning Board. The Mayor then interpreted that amendment as being an eligible application for this board; and the Com- mission concurred. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint James E. Banks, to replace Ted Metzger, as cross-over member on the City- County Planning Board, with a two-year term to expire on December 31, 1987. It was then moved by Commissioner Mathre that the Commission table action on the motion for a period of one week. Mayor Weaver yielded the gavel to Mayor Pro Tempore Mathre for the purpose of seconding the motion. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. The original motion, to appoint James E. Banks, then carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. B rea k - 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. Appointments to Recreation Advisory Board I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion reappoint Jim Brown to the Recreation Advisory Board, with a two-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voti ng Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion appoint Ted Koterwas, to replace Carl Spring on the Recreation Advisory Board, with a two-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Mathre. Commissioner Mathre indicated that she voted no on this appointment, as well as a previous appointment, not because she is opposed to the individual but because she feels these appointments should have been delayed for a period of one week. Mayor Weaver noted no other applications were received by the deadline, and requested that those positions be readvertised, with a cut-off date of December 20, 1985. Appointments to Senior Center Advisory Council It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint the following to the Senior Center Advisory Council, as recommended by that body, with two-year terms to expire on December 31, 1987: AARP Lillian Godward I Christine Henke, Alternate BOZEMAN SENIOR SOCIAL CENTER John Bower Louis Moos, Alternate Arnold Plowman Bill Larsen, Alternate GALLATIN COUNTY COUNCIL ON AGING Marie Gambill Un Hoag, Alternate 12-09-85 477 NARFE Thomas Bown Robert Summers, Alternate RSVP Glen Welch Ann Johnson, Alternate RTA Everett Keyes Alice Ridenour, Alternate I THRIFT STATIONS Kenneth Harman George Puhach, Alternate AT-LARGE Willard Harper Robert Howe, Alternate The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. Appointments to Zoning Commission It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com~ mission reappoint James E. Banks to the Zoning Commission, with a two-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission reappoint Jeffrey Rupp to the Zoning Commission, with a two-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Melvin P. Howe to replace Ted Metzger on the Zoning Commission, with a I two-year term to expire on December 31, 1987. It was then moved by Commissioner Mathre that action on the previous motion be tabled for a period of one week. The motion failed for lack of a second. The original motion, to appoint Melvin P. Howe, then failed by the following Aye and No vote: those voting Aye being Commissioner Anderson and Commissioner Vant Hull; those voting no being Commissioner Mathre and Mayor Weaver. Mayor Weaver requested that this appointment be placed on next week1s agenda. Discussion - FY I Items Acting City Manager Barrick presented to the Commission the following "For Your I nformation" items. (1 ) Commissioner Vant Hull submitted to the Commission copies of an article entitled "Bozeman faces competition for 1-90 exit" which was published in the July 17, 1985 issue of The Daily Chronicle. She noted recent changes have been made in the Highway Department adminis- tration and suggested the Commission may wish to begin lobbying to have the third interchange moved to a priority listing for funding. The Commissioner then requested that this item be placed on next week's agenda for discussion. (2) A memo from Engineering Officer Neil Mann concerning the ice formation and flooding along Bozeman Creek near the Water Treatment Plant. He indicated that the City is currently in the process of hiring one additional plant operator to keep the plant open 24 hours per day, I returning water to the creek at its original point near what was the reservoir rather than where it is now being returned. He noted that should alleviate the wintertime flooding problems; but the problem wi II be monitored very closely. (3) A letter from attorney William OILeary confirming the January 7 and 8, 1986 dates for the public hearing before the Public Service Commission for the proposed increase in the water rates. Commissioner Vant Hull asked about the possibility of this being postponed again, noting the current problems with the Burlington Northern Railroad. The City Attorney stated that she 12-09-85 478 has been in contact with Mr. O'Leary; and he has indicated that the dates are firm and that the PSC is in the process of advertising the public hearing. (4) A letter from Joel Shouse, Chairman of the City-County Planning Board, suggesting that a second long-range planning work session be conducted in mid-January or early February, so that new Commissioners and Planning Board members are involved. (5) A letter from Governor Schwinden indicating that public hearings will be held in various cities during January 1986 for the Governor's Forum on Montanans Outdoors. I (6) A letter from Representative Pat Williams, regarding the recently adopted legislation on the Fair Labor Standards Act. Consent Items Acting City Manager Barrick presented to the Commission the following "Consent Items." Acknowledge receipt of audit report on Federal Revenue Sharing Fund monies Burrding Inspection DiVISion monthly report for November 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the Consent Items as presented, 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 Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Adjournment - 5:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Clerk of the Commission I 12-09-85