HomeMy WebLinkAbout1984-05-21
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 21, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, May 21, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre,
Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, 1
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 meetings of May 7, 1984 and May 14, 1984, were approved as
amended. The minutes of the regular meeting of November 14, 1983, and the special meeting of
November 26, 1983, were approved as submitted. Action on the minutes of the regular meeting
of December 5, 1983, was deferred unti I a later date.
Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items
for discussion. Commissioner Vant Hull requested that the quarterly litigation report from City
Attorney Crumbaker-Smith be removed for discussion.
Request re Senior Transportation Program - Jeff Rupp, HRDC
Mr. Jeff Rupp, Di rector of the Human Resources Development Counci I, requested that the
Commission consider funding for the senior transportation plan during the budget process. He
stated the program provides transportation to low-income, handicapped and senior citizens in
Gallatin County. He then reviewed the budget for the program, as follows:
REVENUES
Gallatin County (revenue sharing) $16,000.00
Older Americans Act 19,000.00
State of Montana (severance tax monies
earmarked for public transportation) 2,200.00 1
United Way 2,500.00
Donations 8,000.00
TOTAL Approximately $48,000.00
EXPENDITURES
Salaries and Wages $33,000.00 to 36,000.00
Vehicle maintenance $12,000.00 to 13,000.00
TOTAL Approximately $48,000.00
Mr. Rupp indicated the program utilizes two bus drivers and one dispatcher and has two
busses to maintain. He stated this fiscal year, which ends September 30, he anticipates a
$6,000.00 overrun on the budget. He indicated he plans to cut the hours of operation beginning
June 1, which should save approximately $3,000.00 in salaries and wages. He stated that leaves
an anticipated $3,000.00 deficit in the maintenance budget. He then stated approximately 97
percent of the bus riders are within the city limits. Mr. Rupp then stated the City now gives
in-kind services through rental at the Senior Citizen Social Center and requested that the City
appropriate $2,000.00 or $2,500.00 to address the anticipated budget overrun in maintenance.
Mayor Weaver asked if the request is for a one-time appropriation or a longer term
participation in the program.
Jeff Rupp stated the request is currently for a one-time appropriation. However, with 1
the political climate in Washington, D. C., he may need to approach the City for additional fund-
ing in the future. He indicated he feels an amount similar to that appropriated by United Way
and the State of Montana would be a fair amount for the City to appropriate.
Mayor Weaver asked if use of the City's purchasing power would benefit the program.
Mr. Rupp indicated the program is currently utilizing the County's purchasing power.
Mayor Weaver stated the Commission will take cognizance of Mr. Rupp's request for funding
for the Senior Transportation Program during the budgeting cycle, but noted no commitment to
funding. The Commission then thanked Mr. Rupp for his presentation.
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It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion acknowledge receipt of the request submitted by the Human Resources Development Council
for $2,000.00 or $2,500.00 for funding a portion of the Senior Transportation Program. 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.
1 Request for permission to use Bogert Park - GodSon Ministeries - May 27, 1984, 1: 00 to 5: 00
p.m.; use 0 system
City Manager Wysocki pres~nted to the Commission a request on behalf of GodSong
Ministeries for permission to use Bogert Park on May 27,1984, from 1:00 to 5:00 p.m. He noted
the request also included the use of a public address system.
Mayor Weaver asked if there are any differences between the previous request and this
req uest .
Mr. Terbush, representing GodSong Ministeries, stated the program will be basically the
same as for last time, except that one group will be unable to attend. He indicated the last
concert was snowed out.
City Manager Wysocki recommended that the Commission approve the request. He noted
the staff will monitor the activity to be sure the public address system is maintained at a
reasonable level.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the request submitted by GodSong Ministeries for permission to use Bogert
Park on Sunday, May 27,1984, from 1:00 to 5:00 p.m., and require that the public address
system be maintained at a reasonable level that is not disruptive to the neighborhood. 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.
1 Report on comments from Planning Board re annexation policy
City Manager Wysocki stated the City-County Planning Board has reviewed the proposed
annexation policy at the Commission's request.
Planning Director Steve Lere presented to the Commission the Planning Board's comments
on the proposed annexation policy. The Commissioners then reviewed the proposed revisions and
the comments submitted by the City-County Planning Board, determining which they wished to
include in the annexation policy.
The Commission thanked the Planning Board for their review of the proposed annexation
policy.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion acknowledge receipt of the proposed revisions and comments submitted by the City-County
Planning Board. 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 - proposed annexation policy
City Manager Wysocki stated the Commission had discussed the revisions to this policy in
the previous item. He then recommended that the Commission approve the policy and direct the
staff to prepare a Commission Resolution to be adopted at next week's meeting. He a I so
recommended that the Commission authorize and direct the staff to begin processing the annexa~
I tion requests which have been acknowledged and tabled in the order in which they have been
received.
Commissioner Mathre stated she feels Item No. 6 listed under the "Goals" should be
eliminated. She noted the City must follow State Statutes on all items, and she feels there is no
need to specify that procedure for this specific item.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
delete Item No. 6 under "Goals" in the annexation policy. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre and Mayor
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Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson.
Commissioner Jordan asked if all annexation requests will be submitted to the Commission
or if the staff will complete an initial screening.
The City Manager stated the staff will review the annexation requests to determine if they
conform to the annexation policy. If the staff determines the annexation request does not meet
the requirements of the annexation policy, it can tell the applicant. If the applicant so desires,
he will have an opportunity to submit the request to the Commission for action. I
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion authorize and direct the staff to proceed with processing of the annexation requests which
have been acknowledged and tabled in the order in which they have been received. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis-
sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting
No, none.
Discussion - water data collection; possible internship for same
City Manager Wysocki stated Commissioner Anderson had requested this item be placed on
the agenda. He noted a copy of the proposal written by Stephan Custer, Professor at Montana
State University, was distributed to the Commission on Friday.
Commissioner Anderson stated at the water conference last November, the group determined
the first step in the process is data collection. She stated if the data collection could be
completed by July, the City would have a better idea if capital improvements are necessary. She
also stated the agencies in Helena will not favorably consider applications for grant monies unless
monies have been spent to gather data. The Commissioner stated under this proposal, all existing
data and studies on ground and surface water in this immediate area would be gathered into one
central system. She noted the proposed $2,500.00 budget is well below previously discussed costs.
The Commissioner also stated Dr. Custer will submit a proposal to the Gallatin County Commis-
sioners to determine if they are interested in the data collection process.
Commissioner Vant Hull asked if the materials could be completely gathered by July. 1
Dr. Steve Custer stated Dave Donohue, graduate student who would be completing the
work, has indicated the process would be done by early July. He noted Mr. Donohue will be
able to work basically full-time on the project after the end of the school year. Dr. Custer also
suggested that a library be developed for this information. He also stressed that this proposal
is for collection of existing data, and not compilation of the information within the various
reports and studies.
Commissioner Vant Hull then noted if the process is to be completed that quickly, it will
be necessary for the City to appropriate monies from this year's budget to cover the costs in-
volved in the data collection process.
Commissioner Mathre stated the City's Engineering Officer has some data on water. She
then indicated a concern about duplication of effort and stated she would like to know how much
information Engineering Officer Mann has prior to collection of further data. She also stated
another question to be answered is whether the reports will be useful to the City. The Commis-
sioner indicated she wants an answer to those questions prior to making a decision.
Commissioner Anderson stated the irrigators have indicated an interest in reviewing the
reports which are available.
Dr. Custer noted various entities pay consultants time after time to complete studies
involving water. He indicated the information may be available; and a central library for reports
would provide an answer to that question.
Mayor Weaver noted completion of a water inventory was tentatively placed in the goals
for the City, and indicated funding for that goal would be incorporated into the budgeting I
process for Fiscal Year 1984-85. He noted if the irrigators would benefit through this study,
the County may be interested in funding a portion of the study. He then stated he feels the
answers to those concerns should be answered before the Commission makes a decision on this
proposal.
Commissioner Anderson stated she feels it is important to complete the data collection as
soon as possible and feels the monies should be appropriated from the current budget. She once
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again noted the completion of this data collection is important for the favorable consideration of
future grant proposals.
Commissioner Jordan noted the Commission is concerned with whether Bozeman has adequate
water. He asked if the study will address the City1s concerns or involve a large area. He also
indicated support for the proposal if the information gathered would be pertinent to Bozeman.
Dr. Custer stated the data collection will focus on the Bozeman region, including the
1 eastern Gallatin Valley.
The Mayor noted another tentative goal for the City is acquisition of additional water. He
indicated the two goals must be weighed to determine funding. He indicated a report from the
staff is important prior to reaching a decision on this proposal.
Senator Dorothy Eck, member of the steering committee for water issues, stated a number
of legislative committees are working on water concerns at the present time. She indicated the
accumulation of data has been recommended by some legislators. Senator Eck stated during initial
discussions about water data collection, the group anticipated $10,000.00 to $20,000.00 for the
project. She stated she does not feel chances are good that a water development grant for re-
searching the feasibility of a new project is very high because the Gallatin drainage has received
such grants in the past, and other areas are now submitting such proposals.
Mayor Weaver requested this item be placed on next week's agenda for further discussion.
B rea k - 5: 1 0 to 5: 1 7 p. m .
Mayor Weaver declared a break at 5:10 p.m., to reconvene at 5:17 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
- United Commercial Travelers,
City Manager Wysocki presented to the Commission a request on behalf of United Commercial
Travelers to place a wooden sign on public property located at 1102 East Curtiss Street. This
I location is the site of the Old EI ks Country Club, which is currently owned by the City. The
City Manager stated the Building Official and Engineering Officer have reviewed the request and
indicate they have no problems with the suggested location. He then recommended approval of
the request.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion approve the request submitted by the United Commertial Travelers for permission to place a
wooden sign on public property at the Old Elks Country Club, cognizant of the fact that the
property is currently City-owned. 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.
Acknowled e receipt of request for annexation - Felska/Solvie - 4.01 in
ectlon 1, a jacent to site or convention center on
City Manager Wysocki presented to the Commission a request on behalf of Felskal Solvie
to annex 4.01 acres located in the East One-Quarter of Section 1, Township 2 South, Range 5
East, Montana Principal Meridian. This site is adjacent to the site proposed for the convention
center on North Seventh Avenue. The City Manager recommended that the Commission acknowledge
the request for annexation and refer it to staff for further action.
Commissioner Anderson indicated she would like more information on the proposed convention
center before considering this request and the following one.
City Manager Wysocki cautioned the Commission that it should not consider the project pro-
I posed for the site when considering a request for annexation or a request for vacation of a
portion of a street or alley. He indicated the decisions on those requests must be based on
whether the requests are in the best interests of the community.
Commissioner Vant Hull asked if this annexation wi II be placed at the end of the requests
to be processed.
The City Manager indicated it would be, based on the Commission's action during discussion
of the annexation policy.
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It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission acknowledge receipt of the request for annexation of a 4.01-acre tract of land located
in the East One-Quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian.
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.
Acknowledge receipt of request for vacation of a portion of Baxter Lane lying east of North I
Seventh Avenue - Felska/Solvle
City Manager Wysocki presented to the Commission a request on behalf of Felskal Solvie
to vacate a portion of Baxter Lane lying east of North Seventh Avenue. The City Manager
recommended that the Commission acknowledge receipt and refer the request to staff for review.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission acknowledge receipt of the request submitted by Felska/Solvie for vacation of a
portion of Baxter Lane lying east of North Seventh and refer the request to staff for review.
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 - possible appointment of Handicapped Access Committee
City Manager Wysocki stated Mayor Weaver had requested this item be placed on the agenda.
Mayor Weaver stated Shirley Sedivy called him with a list of proposed names for appoint-
ment to the Handicapped Access Committee. The Mayor indicated possible formation of this
committee had been discussed previously and stated a review of the minutes of previous meetings
will indicate what action was taken at that time.
Following a brief discussion of the matter, Mayor Weaver requested that the Clerk of the
Commission review the minutes to determine what action has been taken on this matter and submit
a report to the Commission. He then requested this item be placed on next week's agenda for I
further discussion.
Request - City Manager's authorization to appoint Examining Land Surveyor
City Manager Wysocki submitted to the Commission a request for authorization to appoint
an Examining Land Surveyor on an tis-needed basis. He stated County Surveyor Earl Best has
retired, which leaves the position vacant until the County appoints a replacement or an election
is held; and Mr. Best has agreed to act on behalf of Gallatin County until a qualified person is
appointed. The City Manager then indicated several projects have been held in abeyance because
no one was authorized to sign Certificates of Survey for the City as Examining Land Surveyor.
He then stated the staff has talked to persons in private firms as well as Mr. Best. Following a
review of the proposed charges for services and a review of insurance requirements, the staff
has found that Mr. Best's proposal is best. City Manager Wysocki then requested that the Commis-
sion authorize and direct the City Manager to appoint an Examining Land Surveyor on an as-needed
ba s is.
Commissioner Vant Hull indicated she does not feel the City should be required to pay the
fees for the Examining Land Surveyor.
Planning Director Steve Lere stated the costs will be paid by the applicant or the
developer, not by the City.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission authorize and direct the City Manager to appoint an Examining Land Surveyor on an
as-needed basis until the County fills the position of County Surveyor. The motion carried by I
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.
Request - appointment of City Manager as Hearings Officer for proposals for UDAG applications
City Manager Wysocki submitted to the Commission a request for his appointment as
Hearings Officer for proposals for UDAG funding. He stated a public hearing has been set for
Wednesday, May 23, 1984 at 7:00 p.m. for the purpose of assisting the Commission in complying
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with the requirements for UDAC applications. The City Manager indicated a public hearing to be
conducted by the Commission has been scheduled for Tuesday, May 29, 1984 at 7:00 p.m.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion appoint City Manager Wysocki as Hearings Officer for the public hearing to be held on May
23, 1984 at 7:00 p.m. for the purpose of considering proposed applications for Urban Develop-
ment Action Grant monies which have a submittal deadline of May 31, 1984. The motion carried
1 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.
Appointment to Zoning Commission
City Manager Wysocki stated the Commission had deferred action on this item at its regular
meeting of May 7,1984.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion appoint Patricia Follett to replace Dick Shanahan on the Zoning Commission, with a term to
begin June 1, 1984 and expire on June 30, 1985. 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.
for public hearin for IDR bonds for convention
City Manager Wysocki presented Commission Resolution No. 2501, as prepared by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 2501
RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING
ON THE PROPOSED ISSUANCE BY THE CITY OF BOZEMAN, MONTANA, OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS IN THE MAXIMUM AGGREGATE
PRINCIPAL AMOUNT OF $8,000,000 FOR FELSKA-SOLVIE, A MONTANA
CORPORATION, FOR THE PURPOSE OF ACQUIRING LAND FOR, DEVELOPING,
1 CONSTRUCTING, IMPROVING, EQUIPPING AND FURNISHING A HOTEL AND
CONVENTION CENTER FACILITY.
City Attorney Crumbaker-Smith stated the Commission had acknowledged receipt of the
request submitted by Felska/Solvie for issuance of lOR bonds for construction of the proposed
convention center and set the public hearing date for June 4, 1984. She indicated Felska/Solvie
has now retained Dorsey and Whitney in Great Falls as bond counsel, which reviewed the notice
for the public hearing. They have now submitted this Commission Resolution and accompanying
notice.
City Manager Wysocki recommended that the Commission vacate the public hearing previously
set and then adopt Commission Resolution No. 2501, setting the public hearing date for June 18,
1984.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
vacate the public hearing set for June 4, 1984 for the issuance of $8 mi lIion in Industrial
Development Revenue bonds for construction of a convention center. 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.
Commissioner Jordan stated he has some questions he feels should' be answered prior to
the public hearing, noting one of those questions is whether a convention center would be bene-
ficial to Bozeman. He also indicated he feels the downtown area should be maintained as an
integral part of the community.
City Attorney Crumbaker-Smith stated the Commission could discuss this matter during an
I agenda item some time prior to the public hearing. She indicated if the Commission determines it
does not want to approve issuance of lOR bonds for the project, there is no reason to conduct
the public hearing.
Commissioner Mathre stated she cannot evaluate whether to approve the request for use of
lOR bonds until she knows what is being proposed. She then asked how the requests for IDR
bonds and UDAG funding fit together.
City Manager Wysocki stated the two funding sources should fit together with no problem.
He noted the IDR bonds will be the primary source of funding under the present proposal.
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,
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion adopt Commission Resolution No. 2501, providing for the public hearing on issuance of $8
million in IDR bonds for construction of a convention center as proposed by Felskal Solvie, and
setting the public hearing date for June 18, 1984. 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.
Authorize Mayor to sign - mylar of revised Zone Map 1
City Manager Wysocki presented to the Commission a request to authorize the Mayor to
sign the mylar for the revised Zone Map for the City.
Assistant City Manager Barrick stated the Zone Map was originally adopted in 1973. Since
that time, several changes have been made. The map has now been updated; and the Zone Code
requires that the Mayor sign the official Zone Map.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission authorize and direct the Mayor to sign the mylar of the revised official Zone Map.
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.
Acknowledge receipt of quarterly litigation report from City Attorney Crumbaker-Smith
City Manager Wysocki stated Commissioner Vant Hull had requested this item be removed
from the Consent Items.
Commissioner Vant Hull noted no update on Valley Unit has been included in the report
and suggested that the Commission request an update from former City Attorney Planalp.
City Attorney Crumbaker-Smith stated she has requested an update from Mr. Planalp and
stated she will receive that update in the near future.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion acknowledge receipt of the quarterly litigation report from City Attorney Crumbaker-Smith. I
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 - FY I items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) A memo regarding the Arts Committee meeting to be held on Wednesday, May 23 at
5:00 p.m., and a subsequent memo indicating that meeting has been postponed to a later un-
specified date.
(2) A letter from Floy Cysewski regarding the elimination of the invocation at Commission
meetings.
(3) Weekly construction reports received from Thomas, Dean and Hoskins, I nc.
Consent Items
29 I
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
approve the items as listed above, and authorize and direct the appropriate persons to complete
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the necessary actions. The motion carried by the following Aye and No vote: those voti ng Aye
being Commissioner Jordan, Commissioner Mathr'e, Commissioner Vant Hull, Commissioner Anderson
and Mayor Weaver; those voting No, none.
Recess - 5:57 p.m.
Mayor Weaver declared a recess at 5:57 p.m., to reconvene at 7:00 p.m. for the purpose
1 of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled public hearings.
This was the time and place set for the public hearing on the Zone Map Change requested
by Michael W. Delaney to change the present zoning of R-S-l to R-3 on Tracts 8, 9, 10 and Tract
B, Bozeman Creek Annexation. This site is more commonly located at the southwest corner of
the intersection of Ice Pond Road and Sourdough Road.
City Manager Wysocki presented to the Commission a letter from Mr. Stephen Barrett,
attorney representing the applicant, requesting that this item be postponed indefinitely. He also
submitted a memo from Senior Planner Mike Money recommending that the Commission acknowledge
the letter as a letter of withdrawal because the applicant has indicated he will submit another
request for this parcel of land.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis-
sion acknowledge receipt of the letter of withdrawal for this Zone Map Change. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis-
sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting
1 No, none.
Public hearing - Zone Code Amendment - amend Sections 18.30.020, 18.32.020 and 18.52.140 to
allow bars, taverns and cocktail loun es as a Conditional Use onl within the B-2 and B-3
i strlcts
This was the time and place set for the public hearing on the Zone Code Amendment to
amend Sections 18.30.020, 18.32.020 and 18.52.140 to allow bars, taverns and cocktail lounges as
a Conditional Use only within the B-2 and B-3 Districts.
Mayor Weaver opened the public hearing.
Senior Planner Mike Money presented the Staff Report. He stated the Planning Staff pre-
pared this Zone Code Amendment at the request of the City Commission and the City administration.
He indicated the Zoning Commission considered this Amendment at its meeting held on April 24;
and concern was expressed that the majority of the complaints represent a small percentage of
the existing establ ishments. He stated the Zoning Commission also felt the problems should be
handled through enforcement of existing codes rather than through implementation of new zoning
codes. The Senior Planner also stated concern was expressed that drinking of alcoholic
beverages is a volatile issue which could present overriding problems through public protest if a
Conditional Use Permit is required. Senior Planner Money suggested that the Commission also
consider adoption of definitions for bars and for restaurants, noting that some restaurants serve
alcoholic beverages.
Senior Planner Money then stated the Zoning Commission recommended denial of the Zone
1 Code Amendment because they felt that enforcement of the existing codes could alleviate existing
problems, and adoption of this Amendment could create unanticipated problems in the future. He
also noted the present Zone Code is permissive rather than restrictive, and this proposed Zone
Code Amendment would be restrictive. He further indicated the likelihood of receiving additional
liquor licenses through the State allocation system is slight, and the expansion or relocation of
existing bars would be the only items affected by this Amendment.
Commissioner Jordan noted this type of business is a monopoly which is regulated by many
licenses.
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Commissioner Anderson asked if there are any good model ordinances in effect which would
control the potential problems between different types of business or between business and resi-
dential areas.
Senior Planner Money stated performance zoning is an excellent way to control potential
problems. He noted through that process, if a proposed use could create problems, a require-
ment for immediate buffering could be placed on the development.
Commissioner Mathre noted the Planning Staff report suggests that a definition for bars 1
be adopted.
The Senior Planner reviewed the proposed definition for bars, indicating that any
restaurant which serves alcohol should be included in that category.
Mr. Larry Gaffney, 111 South Twentieth Avenue, spoke in favor of the proposed Zone
Code Amendment. He noted the area in which he lives is entirely developed except for one lot;
and the owner is currently attempting to place a bar on that site. He stated that would create a
similar situation to the existing Sundance Saloon, and would cause loud noise and littering in a
nice residential area.
Mrs. Shirley Luhrsen, 1822 West Beall Street, stated the Sundance Saloon lias loud music
and noise every night. She indicated the noise creates physical and emotional stress for the
residents of Gallatin Manor, which is adjacent to the bar. Mrs. Luhrsen stated that last
Thursday night, she called the bar and asked that the music be turned down. After not receiv-
ing any satisfactory results, she called the Police Department.
Mr. Jim Townsend, 1921 West Olive Street, stated he feels a change in the Zone Code would
improve future potential conflicts between residential areas and bars. He stated support of the
proposed Zone Code Amendment.
Mr. Steve Schmidt, manager of JB's Big Boy, stated support of the Zone Code Amendment.
He stated if a bar were located next to the business, they would have broken beer bottles and
other littering in their lot. He also indicated they would face problems with drunken people.
Mr. Morris McLees, member of the Police Department, stated he feels the proposed Zone I
Code Amendment would be beneficial. He stated he does not feel quiet residential neighborhoods
should be unjustly disturbed by the opening of a new or relocated bar.
Mr. Steve Barrett, attorney representing several businessmen, stated he agrees a problem
exists with some bars located near residential areas, but he does not feel the proposed Zone Code
Amendment is the proper manner in which to address the issue. He stated he feels adoption of
the Amendment could create problems which no one has considered. Mr. Barrett stated the City
should not use zoning to alleviate law enforcement problems. He indicated that to attempt to
control the manner or mode of operation for one type of business through zoning is discrimina-
tory. He also stated the existing City ordinances provide the mechanism for dealing with the
problems that do exist. He noted all of the concerns expressed by the various people, such as
loud noises, disturbances and disorderly conduct, are violations of the laws that currently exist.
Mr. Barrett stated that the proposed Zone Code Amendment could deny or restrict someone's right
to change the manner in which he operates his business, which could result in a court case.
Mr. Barrett stated a bar should not be allowed to be noisy enough to create problems for
the residential area near which it is located, but should be monitored through the City's law
enforcement capabilities. He indicated the proposed Zone Code Amendment could affect two to
four bars within the next ten years, but the real problems which prompted consideration of this
Amendment lie in existing bars which would not be affected by the Amendment. He once again
noted the proposed Amendment could be considered discriminatory against one type of business.
Commissioner Vant Hull noted the State Statute addresses the regulation of bars. in a
specific section and provides for special licensing of such businesses. She noted those regu- 1
lations and licenses have already set bars in a separate category.
Mr. Barrett stated through the State's police powers, it has created a monopoly for liquor
licenses.
City Manager Wysocki asked Mr. Barrett if he feels performance zoning would be a better
solution to the problems.
Mr. Barrett stated he feels that performance zoning would be a good solution. He noted
through that process, all activities which might create traffic or noise problems would be re-
quired to meet certain conditions rather than singling out one specific activity.
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City Manager Wysocki asked Mr. Barrett if he feels conditional uses are discriminatory.
Mr. Barrett stated he does not feel conditional uses are discriminatory as long as they do
not single out one specific type of business.
Commissioner Jordan stated the liquor licenses require Commission approval on an annual
basis. He noted if the City does not renew a liquor license, the owner's livelihood is cancelled.
He then asked what rights residents of the neighborhood have. He indicated at the present time,
I it is the responsibility of the residents to prove that a problem exists, and not the responsibility
of the bar owner to alleviate those problems.
Mr. Barrett stated the existing problems are serious, but this proposed Amendment does
not address those problems. He then reminded the Commission that two years ago, the City
attempted to regulate a specific type of business through zoning and was unsuccessful. Mr.
Barrett then suggested that if the City were to indicate to the bar owners that it is serious
about the elimination of existing problems through law enforcement, those bar owners may become
more interested in policing themselves.
Commissioner Mathre asked Mr. Barrett to identify his clients.
Mr. Barrett stated his clients had requested that he not identify them.
Mrs. Luhrsen stated if the Commission approves this Amendment, it will prevent new bar
owners from establishing bars in areas that could create problems, thus helping them avoid
potential problems. She then asked why the police should be expected to concentrate on problems
created by one type of establishment.
Mr. Barrett stated he does not feel the police would be asked to concentrate on one type
of business. He noted there are currently twenty-one bars in Bozeman, but the law enforcement
problems are created by only a couple. He then noted during the conditional use process, the
Commission reviews onl);' plans and drawings, not specific activities.
Commissioner Jordan asked if a condition were placed on the conditional use that no music
.
be allowed, what would happen.
Senior Planner Money stated if such a condition were imposed and the bar wished to change,
I it would be required to submit its request to the Commission. He then suggested that the Commis-
sion consider the intent of the conditional use section of the Code, noting it addresses several of
the items raised during the hearing.
City Manager Wysocki stated the conditional use process would address items such as the
placement of trash bins, parking lots, buffering or screening, and may possibly set a sound
limit for music or require that all litter be picked up. He noted those items would also be
addressed through performance zoning.
Mr. Barrett once again indicated he would have no problem with performance zoning but
does not support the proposed conditional use process. He also stated the problems and concerns
mentioned were also raised during the public hearing for construction of a McDonald's fast food
restaurant near Montana State University.
Mayor Weaver closed the public hearing.
Commissioner Jordan stated the liquor licenses are renewed once each year. He asked if
that is the only opportunity the Commission has the option of pulling the license.
Commissioner Vant Hull asked if the conditional use would be discriminatory against one
type of business or if the State Statutes have already set this type of business apart.
Commissioner Anderson suggested that the City contact the League of Cities and Towns to
see if some other city has successfully addressed the problems mentioned through ordinances or
some other means, such as performance zoning.
~ayor Weaver stated a decision will be forthcoming as soon as the staff has an opportunity
to submit reports on those items requested by the Commissioners.
I B rea k - 8: 1 0 to 8: 20 p. m .
Mayor Weaver declared a break at 8: lOp. m., to reconvene at 8: 20 p. m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Continued work session - goals assessment evaluation
City Manager Wysocki stated the Commission had requested this item be placed on the agenda
for further discussion.
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Mayor Weaver reminded the Commissioners that all goal statements will begin with an under-
stood I! It shall be the policy or goal of the City of Bozeman to ..... I!
5. Governmental operations
a. Continue openness in government. I! . . . .. maintain and enhance open-
ness in government. I!
b. Maintain fiscal accountability. I!. . . .. maintain fiscal accountability and I
fiscal responsibility. I!
c. I ntergovernmental cooperation. I! . . . .. take further steps to improve
government cooperation among, particularly, the City, County, School
District and Montana State University. I!
d. Affirmative action in City personnel policy. I! . . . .. take steps to
ensure that affirmative action is carried out in City personnel policies
and the conduct of City affairs.1!
e. Energy conservation in City faci Iities. I! . . . .. continue efforts in more
fully meeting energy conservation policies. I!
f. Joint purchasing efforts with City, County and School District. I!
.....
review joint purchasing arrangements to seek out areas of
improvement. I!
g. Personnel increase in specific City departments. I! . . . .. review
staffing levels of all City departments to determine if the best effi-
ciency may be obtained by adding personnel. I!
h. Community input meetings.
i. Community relations.
j . Additional citizen advisory committees. I! . . . .. increase community
communication. I!
I. Equip Police and Fire Divisions adequately. I! . . . .. equip adequately
the public safety divisions of the City". I!
7. Other I
a. Continue City services at the current level. I! . . . .. at least maintain
the existing levels of City services. I!
b. Hazardous materials legislation. I! . . . .. adopt a hazardous materials
policy for Bozeman.1!
c. Better communications among Commissioners. I! . . . .. improve com-
munications among the Commissioners. I!
6. Alternative Revenue Sources
a. Effective legislative lobbying. I! . . ... support legislation to further
funding for support of local government operations. I!
b. Find ways and means to have all people who use City services pay for
them. I!. . . .. move toward equalization of costs in relation to user
fees. I!
c. Development to be self-supporting. I! . . . .. encourage that developers
bear the costs of their developments. I!
The Commissioners concurred the next step is to review each of the goal statements and
determine the priorities. The Mayor suggested the Commission considering the priorities as (1)
immediate - the upcoming fiscal year; (2) near-term - the following fiscal year; and (3) long-
term - future fiscal years.
Mayor Weaver then requested that the Clerk of the Commission provide a tabulation of the
goal statements as soon as possible and requested that this item be placed on next week's agenda I
for the purpose of establishing the priorities.
Adjournment - 9:15 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,
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Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those
voti ng No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
I Clerk of the Commission
I
I
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