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HomeMy WebLinkAbout1984-03-12 078 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 12, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 12, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I 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 prayer by Commissioner Math re . The minutes of the regular meetings of October 3, 1983 and March 5, 1984 were approved as submitted. Action on the minutes of the regular meetings of October 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meeting of November 26, 1983 was deferred until a later date. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Open bids - Bond sale, SID No. 645 - $42,000.00 - sanitary sewer along Kagy Boulevard to serve Graf's Second Subdivision This was the time and place set forth in Commission Resolution No. 2494 for the sale of bonds for Special Improvement District No. 645 in the amount of $42,000.00, to provide funding for the construction of a sanitary sewer trunk line along Kagy Boulevard to serve Graf's Second Subdivision. City Manager Wysocki stated the amount of bonds to be sold for this district would be the same as the advertised amount. The affidavit of publication of the Notice of Sale of Bonds was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids I 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, none. The following bids were opened and read: Net Effective I nterest Rate First Security Bank Bozeman, Montana 11.45% James E. Robertson Bozeman, Montana 12.00% 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 later in the meeting. 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. Decision - Conditional Use Permit - Stephen Forte' - allow medical offices and apartments on Lot 7, LeClair Subdivision (1811 West Koch Street) This was the time and place set for the decision on the Conditional Use Permit requested by Stephen Forte' to allow medical offices and apartments on Lot 7 of the LeClair Subdivision. I This property is more commonly located at the northeast corner of the intersection of South Nineteenth Avenue and West Koch Street, and is more commonly known as 1811 West Koch Street. City Manager Wysocki stated the City Commission conducted the public hearing at last week's meeting. He then concurred in the Zoning Commission recommendation for approval of the request, subject to seven conditions. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the Conditional Use Permit requested by Stephen Forte' to allow medical offices and apartments on Lot 7 of the LeClair Subdivision more commonly known as 1811 West Koch Street, subject to the following conditions, as recommended by the Zoning Commission: 03-12-84 U77 1. That the conditional use not be approved until the Board of Adjustment acts on the variance request. 2. That a common access easement agreement between the applicant and the adjacent property owner be submitted for review, and that occupancy of the building does not occur until the driveway is built to a 26-foot paved width. 3. That a screened location for garbage pickup is shown on the final site plan, I and that a detailed drawing of the screening is shown. 4. That detailed drainage plans are submitted for review and approved by the City Engineering Officer before final site plan approval. 5. That the developer provide a sidewalk built to City standards on the southern boundary of the property. 6. That the developer enter into an Improvements Agreement with the City of Bozeman. The structure may not be occupied until all improvements have been completed and approved by the City of Bozeman or unfil the improve- ments are secured by a method of security equal to one- and one-half (1 1/2) times the estimated cost of their installation. 7. That three (3) copies of the final site plan containing all the conditions, corrections and modifications required by this approval be submitted for review and approval by the Planning Director within six (6) months of the date of this approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director and one (1) signed copy shall be retained by the applicant. 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. Commission Resolution No. 2495 - sidewalk sales and promotions City Manager Wysocki presented a draft of Commission Resolution No. 2495, entitled: COMMISSION RESOLUTION NO. 2495 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A UNIFORM SIDEWALK SALE AND PROMOTION POLICY FOR THE CITY OF BOZEMAN, MONTANA. The City Manager stated the Downtown Business Association has requested that this item be deferred for a period of one week. Mayor Weaver then requested that this item be placed on next week's agenda. Discussion - elements for Housing Committee Consultant agreement; authorize City Manager to sign City Manager Wysocki presented to the Commission the proposed elements for the Housing Committee Consultant agreement. He stated this list of elements was developed after review of the Commission meeting minutes, and includes the items which were discussed at those meetings. He indicated the sub-committee of the Housing Committee has reviewed and approved this document. The City Manager then stated Ms. Marcia Youngman has been retained as the Housing Committee Consultant for a six-month period beginning March 5, 1984. Mayor Weaver indicated he had initially indicated concerns about hiring of a consultant. He noted this list of elements for the Housing Committee Consultant provides specific items to be accomplished, and addresses the concerns he had expressed. It wa's moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the list of elements for the Housing Committee Consultant agreement, and authorize I and direct the City Manager to sign the document. 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. 1155 - Amending Section 2.36.030 of the Bozeman Municipal Code re membership of the Board of Public Recreation City Manager Wysocki presented Ordinance No. 1155, as prepared by the City Attorney, entitled: 03-12-84 078 ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 2.36.030 OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR THE MEMBERSHIP, MEETINGS AND OFFICERS OF THE BOARD OF PUBLIC RECREATION. The City Manager stated this and the following two Ordinances have been prepared by the City Attorney at the request of the City Commission. City Attorney Crumbaker-Smith stated the three Ordinances change the appointment process I for members of the various boards and commissions from the Mayor appointing with concurrence of the Commission to the Commission appointing. She stated adoption of the Ordinances will provide for a standard method of appointments that will coincide with the method set forth in the State Statutes. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1155, and that it be brought back in two weeks for final adop- tion. 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. 1156 - Amending Section 2.68.020 of the Bozeman Municipal Code re membership of the Zoning Commission City Manager Wysocki presented Ordinance No. 115'6, as prepared by the City Attorney, entitled: ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 2.68.020 OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR THE ZONING COMMISSION. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1156, and that it be brought back in two weeks I for final adoption. 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. Ordinance No. 1157 - Amending Section 18.66.010 of the Bozeman Municipal Code re membership of the Board of Adjustment City Manager Wysocki presented Ordinance No. 1157, as prepared by the City Attorney, entitled: ORDINANCE NO. 1157 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.66.010 OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR A BOARD OF ADJUSTMENT. Commissioner Jordan noted the Ordinance does not specify the residence of the members and asked if the State Statute addresses the issue. City Attorney Crumbaker-Smith stated she would review the State Statute and propose revisions to the Ordinance if the Commission desires. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1157, 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. I Appointments to Audit Committee (one Commissioner and one citizen member) Mayor Weaver stated Mr. Vern Voegle, President of First Citizens Bank, has indicated a willingness to serve on the Audit Committee. He then stated he exercised his prerogative as Mayor to make temporary appointments by appointing Vern Voegle and Commissioner Mathre to serve on the Audit Committee, pending confirmation by the City Commission. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commis- sion appoint Vern Voegle, to replace Gil Crain, and appoint Commissioner Mathre to replace 03-12-84 U79 former Mayor AI Stiff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. Mayor Weaver stated the Audit Committee By-Laws require that the Commission appoint the Chairperson of the Audit Committee. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission appoint Mayor Weaver as Chairman of the Audit Committee. 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. Award SID No. 645 - $42,000.00 - sanitary sewer alon serve IVISlon City Manager Wysocki stated the Director of Finance has reviewed the bids and recom- mends that the bid be awarded to First Secu'rity Bank, Bozeman, Montana, at the net effective (simple) interest rate of 11.45 percent per annum. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bond sale for Special Improvement District No. 645, in the amount of $42,000.00, be awarded to First Security Bank, Bozeman, Montana, at the net effective (simple) interest rate of 11.45 percent per annum, as set forth in the bid. 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 - FY I Items City Manager Wysocki presented the following "For Your I nformation" items to the Com- mission: (1) A memo from the State of Montana, Department of Natural Resources and Conserva- tion, Water Resources Division, stating the deadline for applications is June 15, 1984. The City I Manager stated the staff has indicated an interest in submitting applications for a grant or loan for two or three separate items. He then requested that if the Commissioners have any suggestions for applications for grants or loans, they submit those ideas to Assistant pty Manager Barrick for further consideration. (2) Weekly construction progress reports from Thomas, Dean and Hoskins, Inc. (3) A memo from Director of Public Service Holmes, dated June 16, 1983, indicating the reason for the amounts listed for water charges in the Parks and Cemetery budgets. The City Manager indicated this memo is to answer Commissioner Jordan's questions raised at last week's Commission meeting. (4) Commissioner Mathre gave the Commissioners copies of a memo from the League of Cities and Towns indicating a district meeting has been scheduled at 2: 00 p.m. on Friday, April 6, 1984, in the Commission Room. City Manager Wysocki noted an Urban Coalition meeting has also been scheduled for that date. (5) Commissioner Vant Hull noted two meetings which Commissioners should attend have been scheduled for 10: 00 a. m. tomorrow. An Interagency Social Services Council meeting is to be held at the Willson School; and a meeting regarding the Law Enforcement Academy and Forensics Lab is to be held at the Gallatin County Courthouse. The Commissioners and City Manager indicated which meetings they will attend. (6) City Manager Wysocki stated he and Director of Finance Swan attended a Large Cities meeting in Missoula on Friday. He stated representatives from one of the Cities present indi- I cated they will be selling an electronic cash register at approximately one-half price. He noted if the cash register will interface with the existing computer, the staff may submit a request for monies to cover the purchase of the cash register for the City Court. (7) Mayor Weaver stated an ad hoc group is forming to consider the possibility of a performing arts facility. He requested that Commissioner Anderson serve as a liaison Commis- sioner in the ad hoc group. 03-12-84 080 No. C300208-26-2 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the I Commission approve the above-listed items, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Adjournment - 4:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 03-12-84