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HomeMy WebLinkAbout1984-01-30 U22 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 30, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 30, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, I nterim City Manager Swan, 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 prayer by Commissioner Math re . The minutes of the regular meeting of January 23, 1984 were approved as corrected. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meeting of November 26, 1983 was deferred until a later date. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the Fire Division quarterly report for the period October through December 1983 be removed for discussion. Open bids - boom truck for Street and Park Divisions This was the time and place set for the opening of the bids for the truck and mounted aerial personnel platform (boom truck) for the Street and Park Divisions. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the boom truck for the Street and Park Divisions be opened and read. 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, I none. The following bids were then opened and read: Less Name and Address Gross Bid Trade-In Net Bid Cascade Hydraulics and Utility Service Great Falls, Montana $50,506.00 $1,000.00 $49,506.00 H-C-L Equipment, Inc. Billings, Montana $50,170.00 $2,500.00 $47,670.00 I nterim City Manager Swan recommended that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. 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 meet- ing. 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. Air quality update I nterim City Manager Swan stated Commissioner Anderson had requested this item be placed on the agenda. Mr. Sherman Janke stated the volunteer citizens' group has obtained additional monitoring equipment from Montana Power Company in the eastern part of the state. He stated this equipment I is designed to measure and record the wind speed and direction, and records will hopefully be maintained on a daily basis. Mr. Janke stated this information, along with the particulate readings currently being maintained by the City-County Health Department, will be helpful in determining the sources of air pollution in Bozeman. He then stated the citizens' group is considering two possible locations for the monitoring equipment, one on Traphagen Hall at Montana State University and one near the City Hall. Mr. Janke then stated the group is seeking 01-30-84 . U23 a source of funding for approximately 100 feet of cable from the monitoring equipment to the recording equipment at a cost of $1.00 per foot, and asked if the City would consider the expen- diture. Mayor Weaver stated the lawfulness of such an appropriation must be reviewed. Commis- sioner Anderson expressed an 'interest in personal funding of the cable costs. I The Commission requested this item be placed on next week's agenda for an update on the air quality monitoring equipment. Request - permission to conduct Bozeman Snow Festival Parade - 10:00 a.m., Saturday, February 18, 1984 Interim City Manager Swan presented to the Commission a request to conduct the Bozeman Snow Festival Parade at 10:00 a.m. on Saturday, February 18, 1984. She stated the parade route would be along Main Street from Buttrey's Shopping Center to Heeb's Shopping Center. The Interim City Manager noted that Police Chief Tate has reviewed the request and indicated he has no problems. She then recommended approval. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the request to conduct the Bozeman Snow Festival Parade at 10: 00 a. m. on Saturday, February 18, 1984. 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. Request for sign variance - Wild Flour Bakery, 229 East Main Street Interim City Manager Swan presented to the Commission a request for a sign variance on behalf of the Wild Flour Bakery located at 229 East Main Street. She noted the variance is to install a masonite sign with wood frame in the downtown area. The I nterim City Manager stated the Building Inspection Division has reviewed the request and indicated no objections; and I recommended approval of the request. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the request for a sign variance for the Wild Flour Bakery, located at 229 East Main Street. 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. Continued discussion - petition from residents of Gallatin Manor re The Sundance Saloon Interim City Manager Swan presented to the Commission a memo from Director of Public Safety Barrick outlining the information he has acquired during the past week and suggesting a procedure for correcting the situation. The Interim City Manager noted the police dispatch log indicates 26 calls of complaint against The Sundance Saloon were received during the period October through December 1983. Also, the required off-street parking lot has been paved. Interim City Manager Swan then stated the Director of Public Safety has recommended the follow- ing course of action at this time: 1. Once more ask the owners to maintain better control of their facility so they aren't a nuisance to the neighbors; 2. Inform the owners that a special log will be maintained to record the complaints from Gallatin Manor for a period of three to six months; and 3. If the situation has not been corrected during that period, the City will take the necessary steps in City Court to abate a public nuisance. I The Interim City Manager then recommended that the Di rector of Public Safety be authorized and directed to send a letter to the current owners of The Sundance Saloon stipu- lating the three items listed. She then stated she has discussed the existing situation with the potential new owner, and he has indicated he will attempt to correct the problems. Commissioner Vant Hull suggested the staff be instructed to review precedents for revocation of liquor licenses or possible implementation of regulations on gambling and music. City Attorney Crumbaker-Smith suggested a noise ordinance be adopted to possibly alleviate some of the problems. 01-30-84 024 Commissioner Jordan noted the housing units were in place before The Sundance Saloon was constructed. He also noted the initial business in that location was a quiet neighborhood- type pool hall. Since that time, the business has changed to a bar, now including gambling and music. The Commissioner stated that such a change should be considered, and approved or denied, by the Commission. Mr. Bob Moudree, potential owner of The Sundance Saloon, stated if the purchase is I successful, it will be completed as of February 13, 1984. Mr. Moudree then stated he is aware of the problems that exist and requested time to correct the situation. He indicated he is considering the possibility of hiring someone to police the parking lot between 1 :00 a.m. and 2: 00 a. m. and the possibility of soundproofing the building. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Director of Public Safety to write a letter to the current owners of The Sundance Saloon, stipulating the three items listed above and that a copy of the letter be sent to the residents of Gallatin Manor. 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. Mayor Weaver requested that an update on the status of a noise pollution ordinance be placed on the agenda in one month. Continued discussion - selection process for consultant for Low-Income Housing Committee and determination of City supervision; advertisement for consultant Interim City Manager Swan stated the Commission requested this item be placed on the agenda. She noted this item had been tabled at the November 21, 1983 meeting. Commissioner Vant Hull distributed a brief synopsis of Commission actions to date and submitted a recommended substitute motion rather than removing the previous motion from the table. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission authorize and direct Interim City Manager Swan to place an advertisement in the newspaper for a Housing Consultant for the Bozeman Housing Committee at the earliest possible date, and that the Housing Consultant be under the supervision of the City Manager or whomever he delegates. 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. Continued discussion - final report submitted by the Bozeman Cable Television Study Committee Interim City Manager Swan stated the Commission had requested the final report submitted by the Bozeman Cable Television Study Committee be placed on the agenda at this time for further discussion. Commissioner Vant Hull stated the implementation of a franchise fee should be carefully reviewed, especially potential costs to the City. She also stated if a group is created to administer the franchise fee, it should not be totally independent from the Commission. Interim City Manager Swan noted that to date, the staff has not reviewed the feasibility of implementing a franchise fee and recommended the Commission refer the matter to staff. She stated if the staff feels implementation of a franchise fee is in the best interests of the City, the staff could then prepare a draft ordinance for review by the Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion refer the possible implementation of a franchise fee to the staff for review and if deter- mined feasible, instruct the staff to prepare a draft ordinance based on the final report sub- I mitted by the Bozeman Cable Television Study Committee by April 15, 1984. 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 being Commissioner Jordan. Staff recommendation on proposals for water and sewer rate studies Interim City Manager Swan presented to the Commission a memorandum listing the staff recommendations on the award of the proposal for the water and sewer rate studies. She noted 01-30-84 025 the staff has listed the top three proposals of the eight received and requested that the Commis- sion authorize the staff to proceed with hiring of a firm to complete the studies. Mayor Weaver noted the proposals are rather complex and suggested action on this matter be deferred for one week to allow the Commissioners an opportunity to review the proposals if they so desire. The Commission concurred in that suggestion. I Commissioner Vant Hull suggested that the firm awarded the proposal might also address hook-up fees. Interim City Manager Swan stated the City is in technical non-compliance with the bond covenants for the Water System Revenue Bonds and stated bonding authorities are not forgiving of such non-compliance. She stated she feels the water and sewer rate studies should be com- pleted as soon as possible and new rates implemented as necessary so that the City is in com- pliance with the bond covenants. She noted after that is accomplished, the City can then consider the hook-up fees. Mayor Weaver requested this item be placed on next week's agenda for award of the proposals. Break - 4:55 to 5:05 p.m. Mayor Weaver declared a break at 4:55 p.m., to reconvene at 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Acknowledge receipt of letter - purchase of City land for nursing home - John Ballard Interim City Manager Swan presented to the Commission a letter from Gayle Evans, President of Cartwheel Lodges of Mississippi, Inc., concerning possible purchase of four to five acres of City-owned land for construction of a nursing home, in the vicinity of the proposed Bozeman Deaconess Hospital. She noted this letter was received through John Ballard, who resides in Whitehall. The Interim City Manager recommended the Commission acknowledge receipt of the letter and refer it to staff for review and a recommendation to be submitted in three weeks. I Commissioner Vant Hull requested that the Commission be provided with an inventory of all City-owned land, including the location and size of each parcel. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the request submitted on behalf of Cartwheel Lodges of Mississippi, Inc., to purchase four to five acres of City-owned land located in the vicinity of the proposed Bozeman Deaconess Hospital, and that the request be referred to staff for review and a recommen- dation to be submitted in three weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Comm iss ioner Anderson a nd Mayor Weave r; those voti ng No, none. Acknowledge receipt of request for annexation - Landoe, Bach, Lichtenberg and Vogel - Tracts lA and 18, C.O.S. 115A Interim City Manager Swan presented to the Commission a request for annexation submitted by H. B. Landoe, Stephen Bach, Delbrook Lichtenberg and David Vogel for that parcel of land known as Tracts 1 A and 1 B of Certificate of Survey 115A. The Interim City Manager recommended that the Commission acknowledge receipt of the request under Section 7-2-4301 through 7-2-4331, M. C. A.; and table until an annexation policy has been developed. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request for annexation submitted by H. B. Landoe, Stephen Bach, Delbrook Lichtenberg and David Vogel under Sections 7-2-4304 through 7-2-4331, M. C. A. ; I and table until an annexation policy has been developed. 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. Frances Senska - 2125 Interim City Manager Swan presented to the Commission a request for annexation received from Jessie S. Wilber and Frances Senska for that piece of property known as 2125 Sourdough 01-30-84 U26 Road and which lies in the southwest corner of the Kagy ISourdough intersection. The Interim City Manager recommended the Commission acknowledge receipt of the request; and table until an annexation policy has been developed. Commissioner Vant Hull stated she feels this annexation request is different from the others which have been received. She noted the sewer trunk line is currently being installed in Kagy Boulevard, and she feels Ms. Wilber and Ms. Senska should have the opportunity to hook onto that line at this time if they so desire. I City Attorney Crumbaker-Smith stated the contract for the improvement of Kagy Boule- vard has been let; and the City is not a party to the contract. She noted any possible addi- tion to the improvements listed in the contract will result in a Change Order, which must be processed through the State. Following a brief discussion, the Commission referred the request to staff for review and a recommendation to be submitted at next week1s meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the request for annexation received from Jessie S. Wilber and Frances Senska, 2125 Sourdough Road; and that it be tabled until an annexation policy is developed. 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. Discussion - meeting place for City-County Planning Board and Zoning Commission Interim City Manager Swan presented to the Commission memos submitted by Interim Planning Director Money and Assistant City Manager Barrick concerning the request for change of meeting place submitted by the City-County Planning Board and Zoning Commission. The I nterim City Manager stated the problems listed by the Planning Board and Zoning Commission have been corrected; and both boards have agreed to continue conducting their meetings in the Library Community Room. She then recommended the Commission acknowledge receipt of the memos. The Commission acknowledged receipt of the memos submitted by the Interim Planning I Director and Assistant City Manager. Discussion - goal setting process Commissioner Mathre stated she has met with two possible facilitators for the proposed meetings, Verne House and Dave Sharpe, employees of the Montana State University Extension Service. She stated neither is available for the dates she had initially suggested, but are available for meetings on March 6, 7 and 8, 1984. She also stated the School District has indicated they can supply a meeting place, probably in the Junior High School. The Commission concurred in the revised dates. Commissioner Mathre then stated she will get letters sent to the various groups announc- ing the meeting as soon as possible. Application for Gambling License - Livery Stable - one poker machine - through June 30, 1984 Interim City Manager Swan presented to the Commission an application for a Gambling License, along with the required fee, submitted by the Livery Stable for one poker machine for the period through June 30, 1984. Interim City Manager Swan noted the Livery Stable currently has one poker machine and one keno machine; and recommended that the Commission approve this application. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the application for Gambling License submitted by the Livery Stable for one poker I machine for the period through June 30, 1984. 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. Ordinance No. 1149 - amendinq Sections 18.54.135 and 18.62.190, Bozeman Municipal Code - revising off-street parking requirements for condominiums and townhouses Interim City Manager Swan presented Ordinance No. 1149, as prepared by the City Attorney, entitled: 01-30-84 lJ27 ORDINANCE NO. 1149 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADDING SECTION 18.54.135 AND AMENDING SECTION 18.62.190 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR A REVISION TO THE OFF-STREET PARKING REQUIREMENTS FOR TOWNHOUSES AND CONDOMINIUMS IN THE CITY OF BOZEMAN, MONTANA. I The Interim City Manager stated the Commission had provisionally adopted this Ordinance on January 17, 1984; and recommended that the Commission now finally adopt the Ordinance. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1149, amending Sections 18.54.135 and 18.62.190 of the Bozeman Municipal Code, revising the off-street parking requirements for condominiums and townhouses. 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. Ordinance No. 1152 - Subdivision Regulations Interim City Manager Swan presented Ordinance No. 1152, as approved by the City Attorney, entitled: ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING MINIMUM STANDARDS AND PROCEDURE FOR SUBDIVISIONS IN THE CITY OF BOZEMAN AND THE JURISDICTIONAL AREA, AND REPEALING ORDINANCE NO. 796 OF THE CITY OF BOZEMAN, MONTANA. The Interim City Manager stated this Ordinance adopts the Subdivision Regulations in ordinance form. She noted a memo from Assistant City Manager Barrick indicates these Regulations were adopted in Resolution form during the revision of the Subdivision Regulations in 1975. That memo also indicates Ordinance No. 796, adopted in 1957, still remains in full force and I effect because a Resolution cannot amend or repeal an Ordinance. Interim City Manager Swan then recommended the Commission provisionally adopt Ordinance No. 1152 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 Commission provisionally adopt Ordinance No. 1152, amending the Subdivision Regulations, 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. Ordinance No. 1153 - amendin Section 18.50.220 of the Bozeman Municipal Code, providin for five-foot vegetative strip in thirty- ive foot set ack from stream banks Interim City Manager Swan presented Ordinance No. 1153, as prepared by the City Attorney, entitled: ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, BY AMENDING SECTION 18.50.220, PROVIDING FOR CERTAIN LIMITATIONS IN THE WATER COURSE SETBACKS. The Interim City Manager stated the Commission conducted the public hearing on this Zone Code Amendment on January 16, 1984 and approved the Amendment on January 23, 1984. She then recommended the Commission provisionally adopt Ordinance No. 1153 and that it be brought I back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1153, amending Section 18.50.220 of the Bozeman Municipal Code, to provide for a five-foot vegetative strip in the thirty-five foot setback from stream banks, 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 Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 01-30-84 028 Ordinance No. 1154 - revising the Parking Ordinance Interim City Manager Swan presented Ordinance No. 1154, as prepared by the City Attorney, entitled: ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 10.32.090 AND 10.32.250 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE SIGNING OF DESIGNATED STREETS OR PUBLIC PARKING LOTS WHENEVER I ANY PARKING TIME LIMIT IS IMPOSED BY ORDINANCE AND ESTABLISHING A MAXIMUM PARKING TIME LIMIT. The Interim City Manager stated this Ordinance clarifies the language pertaining to the 48-hour time limit for parking. She recommended the Commission provisionally adopt Ordinance No. 1154 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion provisionally adopt Ordinance No. 1154, revising the Parking Ordinance, 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 Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI items Interim City Manager Swan stated the Commission has requested this item be placed on the agenda each week. Commissioner Mathre stated she had drafted a letter to various groups concerning the Centennial Catalog. She suggested, if approved, that the staff prepare the letters for the Mayor's signature or for the entire Commission to sign. The Commission approved the letter and instructed the Clerk of the Commission to prepare the letters for all Commissioners' signatures. Commissioner Anderson stated appreciation for the "Letter to the Editor" concerning the dedicated Water Department employees during the recent main break in Kagy Boulevard. Mayor I Weaver stated he will draft a letter for all Commissioners' signatures expressing appreciation for their efforts. Report - Fire Division quarterly for October - December 1983 Interim City Manager Swan stated Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan expressed concern that in December, 19 false alarms were reported from the University. He suggested some effort should be made to get MSU to accept responsi- bility for those false alarms, possibly thro,ugh charges for each fire alarm. The Commissioner noted his main concern is that the Fire Division may be involved in responding to a false alarm at the University while a fire is breaking out in another part of the City. Interim City Manager Swan stated the staff will review the matter and submit a recom- mendation in two weeks. Commissioner Vant Hull stated a related investigation should be conducted as to a blanket charge for fire calls so that nonprofit organizations may help pay for services provided them by the City. Mayor Weaver asked Commissioner Vant Hull to report back with information on such possibilities. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, to acknowledge receipt of the Fire Division quarterly report for the period October through December 1983 and order it filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and I Mayor Weaver; those voting No, none. Consent Items Interim City Manager Swan presented to the Commission the following items. Proclamation - "Circle K Week" - February 6-12, 1984 Proclamation - "Big Brothers and Sisters Appreciation Week" - February 12-18, 1984 01-30-84 lJ29 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the items as listed above be approved and the Mayor be authorized and directed to sign the proclamations as listed. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voti ng No, none. I Adjournment - 5:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be ad- journed. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 01-30-84