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HomeMy WebLinkAbout1984-04-09 113 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 9, 1984 ************************ . . The ~o~mission of the City of Bozeman met in regular session in the Commission Room MUnicipal BUilding, April 9, 1984 at 4'00 p m P t ' 1 . ' . " resen were Mayor Pro Tempore Mathre Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan City Ma W k' '. C' M ' nager ysoc I AssIstant Ity anager Barrick, City Attorney Crumbaker-Smith and Clerk f th C '. ' . M. 0 e ommlSSlon SullIvan. ayor Weaver was absent In compl iance with Section 7-3-4322, M. C. A. The meeting was opened with the Pledge of Allegiance and a prayer by Mayor P T _ pore Mathre. ro em The minutes of the regular meeting of October 31 1983 . , were approved as submitted' and the minutes of the regular meeting of April 2 1984 ' . , were approved as amended. Action on the mrnutes of the regular meetings of November 14, 1983' December 5 1983. d h . , f N' " , an t e specIal meeting o ovember 26, 1983 was deferred unti I a later date. None of the Commissioners requested that any of the items listed under Consent Items b removed for discussion. e Discu~si~n - placement of lights in Cooper Park as memorial from the Bozeman Housekeepers' ASsociatIon City Manager Wysocki stated the Bozeman Housekeepers' Association has submitted a letter concerning the possibility of donating monies for the installation of lights in Cooper Park as a memoria' to the Bozeman Housekeepers' Association. He stated the Association has been in exist- ence for ninety years, and will disband in May. The treasury for the Association must be dis- posed of prior to disbanding; and they would like to donate approximately $1,000.00 to the project. The City Manager stated Director of Public Service Holmes has reviewed the proposal 1 and discussed costs of installation with Montana Power. City Manager Wysocki then recommended that the Commission accept the proposal submitted by the Bozeman Housekeepers' Association and refer the matter to staff to work with Montana Power on installation of the lights. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the proposal from the Bozeman Housekeepers' Association to place memorial lights in Cooper Park be accepted and that the proposal be referred to staff for implementation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Pro Tempore Mathre; those voting No, none. Housing Committee Update - Marcia Youngman Marcia Youngman, consultant for the Housing Committee, stated the Housing Committee is currently organizing a housing finance seminar to be held this spring. She indicated the Committee hopes to conduct the seminar some time next month, since the housing construction season is rapidly approaching. Marcia Youngman then stated she has received copies of the draft regulations for the 1984 Community Development Block Grant program, which contain several changes from last year's regula- tions. She noted a public hearing will be held on the new regulations next week in Billings. She also noted the City has a two-year contract with Housing Development Associates for prepara- tion of the CDBG applications and administration of the grant if successful. Ms. Youngman then stated a willingness to work with Housing Development Associates on preparation of a CDBG appli- cation for the 1984 program. I Ms. Youngman then suggested that the Housing Committee also serve as the citizens committee for the CDBG application, since the Committee is already formed and currently working on the housing issue. She noted the Committee has vacancies which should be advertised and filled as soon as possible. She suggested that the Commission also advertise for individuals willing to serve on the citizens committee for the CDBG application; and those individuals could be appointed to serve on the Committee on a temporary basis until the application is completed. She then requested the appointments be made during this month so that the Committee will be ready to begin as soon as the guidelines for the 1984 CDBG program are established. 04-09-84 . 114 City Manager Wysocki stated he has discussed the CDBG application process with Marcia Youngman. He then recommended that the Commission authorize Marcia Youngman to work with Housing Development Associates on preparation of an application for the 1984 Community Development Block Grant program. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct Marcia Youngman to work with Housing Development Associates in the preparation of an application for the 1984 Community Development Block Grant program. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. City Manager Wysocki then recommended that the Commission authorize and direct the Clerk of the Commission to advertise for applications for both the Housing Committee and citizen members for the CDBG program. Commissioner Anderson stated the Housing Committee has indicated a desire to maintain diversity on the Committee, especially in areas such as economics, banking, construction and architecture. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Clerk of the Commission to place an advertisement in the newspaper for new members to the Housing Committee to fill positions vacated through resig- nation as well as any citizens interested in serving on the committee in a temporary position as a citizens committee for preparation of the Community Development Block Grant application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Discussion - revision of Ordinance re Cemetery Board City Manager Wysocki presented to the Commission two draft Ordinances which would revise the method of appointment to the Cemetery Board. He stated the Bozeman Municipal Code contains I two provisions for a Cemetery Board, one of which refers to the Bozeman Cemetery only and one of which provides for an administrative board. The City Manager stated the Cemetery Board has acted in an advisory capacity rather than in the manner provided in the Code. The City Manager then requested that the Commission indicate whether the Ordinance should be revised to reflect only the change in method of appointment or revised to reflect the actual manner of operation. City Attorney Crumbaker-Smith stated the Code should contain only one provision for the Cemetery Board to avoid possible confusion. She also suggested that the Ordinance be revised to reflect the actual advisory function of the Board rather than providing for an administrative board. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the City Attorney to prepare an Ordinance amending the existing Ordinance governing the Cemetery Board, stipulating that the Cemetery Board is an advisory board and providing for Commission appointment of the members. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Pro Tempore Mathre; those voting No, none. Discussion - revision of Ordinance re Board of Park Commissioners City Manager Wysocki presented to the Commission a draft Ordinance which would revise the method of appointment to the Board of Park Commissioners. The City Manager stated it appears when the Recreation Advisory Board was created under the I nterlocal Agreement between the School District, County and City, the Board of Park Commissioners was set aside. He not~d I the Recreation Advisory Board has reviewed proposed subdivisions for parkland purposes in recent years. The City Manager then indicated the Ordinance provides that the Board of Park Commissioners is an administrative board. City Manager Wysocki recommended that the Ordinance for the Recreation Advisory Board be updated to reflect its review of proposed subdivisions for parkland requirements. He also noted the Ordinance provides that the City appoint three members to the Recreation Advisory Board and suggested the Ordinance contain the provision that if the Interlocal Agreement ceases 04-09-84 115 to exist, the Board could be revised and the number of members increased so the Board could continue to review the recreation and parkland requirements for the City. The City Manager also stated he feels the Board should act in an advisory capacity rather than an administrative capacity . Mayor Pro Tempore Mathre asked if the Board of Park Commissioners is required by the State Statutes. 1 City Attorney Crumbaker-Smith stated it is not. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the City Attorney to prepare an Ordinance repealing the exist- ing Ordinance providing for a Board of Park Commissioners and prepare an Ordinance revising the function of the Recreation Advisory Board as recommended by the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. Ordinance No. 1159 - amending Sections 5.06.050 and 5.56.100 of the Bozeman Municipal Code re gaming licenses City Manager Wysocki presented Ordinance No. 1159, as prepared by the City Attorney, entitled: ORD I NANCE. NO. 1159 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 5.06.050 AND 5.56.100 OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING THE FEE STRUCTURE FOR LICENSES ISSUED PURSUANT TO THE MONTANA CARD GAMES ACT OR THE BINGO AND RAFFLES ACT AND SETTING THE LIMITATION ON THE NUMBER OF CARD GAME TABLES PER BUSINESS LOCATION IN THE CITY OF BOZEMAN, MONTANA. The City Manager stated the Commission had provisionally adopt this Ordinance on March I 26, 1984 and recommended that the Commission finally adopt the Ordinance. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1159, amending Sections 5.06.050 and 5.56.100 of the Bozeman Municipal Code, regarding gaming licenses. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Pro Tempore Mathre; those voting No, none. Report on Urban Coalition meeting - Commissioner Vant Hull Commissioner Vant Hull distributed copies of minutes from the Urban Coalition meeting to the Commissioners. She requested that the Commissioners review the minutes and suggested that the item be placed on the agenda for discussion prior to the next Urban Coalition meeting, which is to be held in Great Falls on Friday, May 18, 1984. The Commissioner then briefly reviewed three items. She stated she had indicated to Chairman Don Peoples a desire to have the Commissioner representative serve on the Legislative Committee. She noted the change in Commissioners at each meeting should not be detrimental to the Committee if the Commissioners relay information. Secondly, she indicated County represen- tatives seem to be better organized that the City representatives. She stated she feels the City representatives should attempt to become better organized and communicate more. Finally, she indicated she had included a luncheon conversation with Jim VanArsdale, Mayor of Billings, regarding local option taxes. Mayor Pro Tempore Mathre requested that the City Manager submit his observations at the 1 time the Commission reviews the minutes submitted by Commissioner Vant Hull. Authorize Mayor Pro Tempore to sign - Agreement for transfer of water rights from Carter Williams City Manager Wysocki presented to the Commission an Agreement for transfer of water rights from Carter Williams to the City of Bozeman. The City Manager noted this transfer was one of the conditions placed on final approval of the Wood ridge Annexation. This Agreement transfers 100 acre feet in the Hyalite Reservoir contained in H. B. Landoe's Water Purchase Contract Nos. 61-A-2 and 13-A-2 with the Middle Creek Water Users' Association. These are 04-09-84 116 seasonal water rights and can be used during the period May 1 through September 30 of each year. He then recommended that the Commission authorize the Mayor Pro Tempore to sign the Ag reement . Commissioner Anderson asked if the seasonal character of the water rights will create any problems. City Manager Wysocki stated Engineering Officer Mann has indicated he has no problems with the City accepting the seasonal water rights offered in the Agreement. The Engineering I Officer also indicated the City staff would apply to DN RC to convert those water rights, as well as other City water rights, to year-round rights rather than seasonal. City Attorney Crumbaker-Smith stated the water rights may be used for agricultural or domestic use. She indicated she feels that will not create any problems for the City in using those rights. Commissioner Jordan stated concern about accepting the summer water rights. He noted in the public hearings, the applicant had indicated the water rights would be for winter use, which may have affected the City's willingness to accept those rights. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the Mayor Pro Tempore to sign the Agreement for transfer of water rights from Carter Wi lIiams to the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. n - Water Purchase Contracts and Subscriptions and Pled e City Manager Wysocki presented to the Commission the Water Purchase Contracts and Subscriptions and Pledge Agreements to transfer the water rights for 100 acre feet from Carter Williams to the City of Bozeman which were discussed in the previous item. The City Manager recommended that the Commission authorize the Mayor Pro Tempore to sign the documents. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the I Commission authorize and direct the Mayor Pro Tempore to sign the Water Purchase Contracts and Subscriptions and Pledge Agreements for transfer of water rights from Carter Williams to the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Appointment to Subcommittee to review Pledged Securities as of March 31, 1984 City Manager Wysocki stated the Commission must appoint a subcommittee to review the Pledged Securities as of March 31, 1984. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission appoint Commissioner Mathre and Commissioner Vant Hull to the subcommittee to review the Pledged Securities as of March 31, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. Discussion - FYI Items City Manager Wysocki presented the following "For Your Information" items to the Com- mission: (1) A draft letter from Commissioner Mathre to members of District 10 announcing a district meeting to be held at 1:30 p.m: on Wednesday, April 18,1984, in the Community Room at the Library. I Commissioner Mathre stated Alec Hansen has indicated he will send an agenda for the meeting. City Manager Wysocki stated he attended the district meeting held in Billings last Friday. He stated Mr. Hansen explained the proposed legislative thrust. He also requested that the cities fill out a form, which will be compiled in the League office. The City Manager noted many of the items discussed in the League district meeting were the same as those discussed in the Urban Coalition meeting. 04-09-84 117 (2) Letter from Robert Moudree indicating improvements being made at The Sundance Saloon to alleviate some of the problems created in the residential neighborhood. Mayor Pro Tempore Mathre stated she feels it would be appropriate to respond to the letter, indicating the City's appreciation. (3) Memo from Director of Public Service Holmes regarding the intersection of West Main Street and West Babcock Street. 1 Mayor Pro Tempore Mathre requested that a copy of this memo be forwarded to the residents along West Babcock Street who expressed concern about additional traffic at this intersection. Commissioner Vant Hull suggested the City approach the Department of Highways about installation of a traffic signal before a tragic accident happens. City Manager Wysocki stated he will contact the Department of Highways. (4) Weekly construction reports from Thomas, Dean and Hoskins, Inc. Consent Items It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the items listed above be approved, 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 1 voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Adjournment - 5:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission 1 04-09-84