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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
July 23, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, July 23, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner
Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager
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 moment of silence.
The minutes of the regular meeting of July 16, 1984 were approved as amended.
None of the Commissioners requested that any of the Consent Items be removed for dis-
cussion.
Award bid - 1984 avin improvements (parkin lot improvements. North Eleventh Avenue
improvements and asphalt walkway improvements
This was the time and place set for award of the bid for the 1984 paving improvements.
This project contains three schedules as follows: Schedule 1, parking lot improvements at the
corner East Lamme Street and North Rouse Avenue; Schedule 2, North Eleventh Avenue improvements.
to provide a right-turn lane onto West Main Street; and Schedule 3, North Fifth asphalt walk-
way, extending from Darlinton Manor to Tamarack Street.
City Manager Wysocki stated funding for all three of these items has been specifically
earmarked in the Capital Improvement Program. The City Manager then stated the staff has
reviewed the bid received and recommends that Schedule 1 be awarded and that Schedules 2 and
3 be rejected. He noted the improvements involved in the Schedule 2 could be completed through
another bidding process next year; and the majority of the improvements in Schedule 3 could be
I completed with City crews.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com-
mission accept the bid for 1984 paving improvements, Schedule 1, submitted by Big Sky Paving
Company, Inc., Bozeman. Montana, in the bid amount of $25,899.39, it being the lowest and
best bid received; and reject the bid for 1984 paving improvements, Schedules 2 and 3. 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.
Decision - Commission Resolution No. 2512 - intent to vacate a portion of Baxter Lane lying
immediately east of North Seventh Avenue
This was the time and place set for the decision on Commission Resolution No. 2512,
entitled:
COMMISSION RESOLUTION NO. 2512
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON A PORTION OF BAXTER LANE, 60 FEET IN WIDTH
AND 506.32 FEET IN LENGTH, LYING IMMEDIATELY EAST OF NORTH SEVENTH
AVENUE, LOCATED IN THE WESTLAKE'S THIRD ADDITION TO THE CITY OF
BOZEMAN, MONT ANA.
City Manager Wysocki stated the Commission conducted the public hearing on this item at
last week's meeting. He then recommended that the Commission approve the vacation of the
I portion of Baxter Lane lying immediately east of North Seventh Avenue, contingent upon con-
struction of the proposed convention/hotel center.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the vacation of the portion of Baxter Lane lying immediately east of North
Seventh Avenue. contingent upon construction of the proposed convention/hotel center; and
authorize and direct the City Attorney to prepare a Resolution vacating said street when con-
struction of the convention/hotel center is underway. 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.
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264
No. 2513 - intent to vacate portions of various streets I in
. This was the time and place set for the decision on Commission Resolution No 2513
entitled: . ,
COMMISSION RESOLUTION NO. 2513
~O~~~ONLl'T60E~~:RTN~E ICITY COMMISSION OF THE CITY OF BOZEMAN I
VACATE AND ABANDON ~O~~Ig~sT~~ 6NR~ENN;I~TNR~:T SAID COMMISSION TO
AVENUE AND GARFIELD STREE ' BUTTONWOOD
GARFIELD STREET, SWITZLER ~TR~~~ATi~L~~OT:iH VALLEY VIEW ADDITION;
STREET GRANT STREET AND C' STREET, HAYES
ADDITION; CLEVELAND STREET ~~~~~~:~~EJVE~~~ATED IN THE CENTRAL
PROSPECT HILL ADDITION; AND SWITZLER STREET AND LOCATED IN THE
LOCATED IN THE DRUM LUMMON ADDITION ALL IN THE COLLEGE STREET,
MONTANA. ' CITY OF BOZEMAN,
City Manager Wysocki stated the Commission conducted the br h' . .
I I . PU IC earlng on this Item at
ast week s meeting. He then recommended that the Commis .
. slon approve the requested street
vacations.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com-
mission approve the vacation of various streets located in the vicinity of the new hospital; and
authorize and direct the City Attorney to prepare a Resolution vacating said streets. 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 participation in Section 8 - Rental Rehabilitation Program
City Manager Wysocki stated the Commission had received a memo from Senior Planner
Mike Money regarding the Section 8 Rental Rehabilitation Program in last week's packet. He
then introduced Assistant Planner Marcia Elkins and indicated she would present a staff report
on this item. I
Assistant Planner Marcia Elkins stated the new Section 8 Rental Rehabilitation Program
replaces the old Section 8 Moderate Rehabilitation Program. She noted the Babcock Apartments
are currently being remodeled under the old program. She stated the program is sponsored by
HUD and will be administered by the State of Montana Department of Commerc;e. She noted the
State must determine whether the monies will be administered through a grant or loan, and it
appears the State will select the grant program. Ms. Elkins stated approximately $300,000.00
will be available through the program for the upcoming year, which will rehabilitate approxi-
mately sixty units. Ms. Elkins stated it is projected that Bozeman will be eligible for about
twelve units under this program.
The Assistant Planner stated that the City must select a target area, in which all re-
habilitation must be completed. The first phase of the program addresses rehabilitation of
existing rental structures; and the maximum amount of Section 8 monies to be utilized on a unit
is $5,000.00 or fifty percent of the rehab costs, whichever is smaller. The second phase
provides for rent subsidy for certified low- and moderate-income families to live in the re-
habilitated facilities. Ms. Elkins stated that after one year, the certified family may relocate,
and the certificate will go with the family rather than remaining with the rental unit.
Assistant Planner Elkins stated the purpose of the Section 8 Rental Rehabilitation Pro-
gram is to provide safe and sanitary housing for low- and moderate-income families. She noted
a disadvantage of the program is the fact that no monies are allowed for administrative costs.
She then stated that if the City wishes to participate in this new program, the Commission must
submit a letter of support to the Department of Commerce by Friday. I
Mayor Weaver asked if the City is likely to have candidates for this program.
The Assistant Planner stated the new program is not as attractive to developers as past
programs, which will require selling of the program. She noted the Section 8 funds can be
utilized with CDSG monies, tax incentives or grants for historic structures to provide an
attractive financing package.
Commissioner Anderson asked how much the administrative costs would be.
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Assistant Planner Elkins stated the administrative costs would not be extensive. She
noted the City would be responsible for overseeing the rehabilitation of the units; and H RDC
would be responsible for renting of the units.
Commissioner Vant Hull asked if this program will last for more than one year.
Ms. Elkins stated the rehabilitated units will be monitored for seven years. The guide-
lines indicate that hopefully after seven years, 70 percent of the units will remain as low- or
I moderate-income rental units.
Commissioner Anderson asked if the twelve units of Section 8 monies will be helpful in
Bozeman's housing market.
The Assistant Planner indicated the twelve units would provide a start in solving some of
Bozeman's housing problems.
Commissioner Anderson then asked if the target area for Section 8 should be the same as
that for CDBG.
Marcia Elkins indicated it is not necessary to have the same target area, but the Depart-
ment, of Commerce encourages it.
Commissioner Mathre asked if the Section 8 program would create an additional burden on
the Planning staff.
Ms. Elkins stated the Planning staff supports the program and is willing to accept the
additional workload. She noted it is important for the City to be involved in the administration
of the program and stated the Planning Department works closely with this type of activity.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
authorize and direct the Mayor to write a letter to the Department of Commerce indicating the
City's wiJlingness to participate in the Section 8 Rental Rehabilitation Program. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis-
sioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting
No, none.
I waiver of landfill fees for the period June 15 throu h September 15, 1984 - Hyalite
ssociatlon
City Manager Wysocki presented to the Commission a request submitted by the Hyalite
Youth Camp Association for a waiver of the landfill fees for the period June 15 through Sep~
tember 15, 1984.
Mr. Paul Kessler, representing the Hyalite Youth Camp Association, stated the camp is
operated by two service organizations in Bozeman. He noted the camp is a community project
and is utilized by various youth groups throughout the summer. Mr. Kessler stated the service
organizations haul the garbage out of the camp site about three times per week. He noted the
amount of garbage varies from four to twelve bags per trip, depending on the group utilizing
the camp. Mr. Kessler then requested that the Commission waive the landfill fees for the
Hyalite Youth Camp Association since it is supported by service organizations as a community
project.
Commissioner Vant Hull noted the Commission established a policy for waiving of landfill
fees at the time it considered the requests submitted by the Worthy Cause and the Salvation
Army. She questioned whether this group would meet the criteria established at that time.
City Manager Wysocki asked Mr. Kessler how much the landfill fees cost last year.
Mr. Kessler stated the landfill fees were approximately $100.00.
Commissioner Jordan expressed concern that a large number of organizations may be
eligible for waiver of the landfill fees, if they so requested.
Commissioner Mathre stated she would like to review the original criteria prior to making
I a decision on this request.
City Manager Wysocki stated concern that this request is being submitted in the middle
of the request period, rather than prior to the opening of the camp.
Mayor Weaver requested the Commission be provided with a copy of the original criteria
and that this item be placed on next week's agenda for further discussion and action.
Appointment of committee to review revenue sources for transportation goals
Mayor Weaver stated that Commissioner Vant Hull had suggested formation of a committee
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to review revenue sources for transportation goals during discussion of goals implementation at
last week's meeting. He then suggested that he and Commissioner Vant Hull serve on an ad
hoc committee with the task of considering alternative funding sources, and that the committee
submit a preliminary report to the Commission in sixty days.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission appoint Mayor Weaver and Commissioner Vant Hull to an ad hoc committee to consider
alternative funding sources for transportation goals, with a preliminary report to be submitted I
in sixty days. 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. 1165 - providing for community residential facilities as a conditional use in all
residential zones
City Manager Wysocki presented Ordinance No. 1165, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1165
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADDING SECTION 18.04.135 AND AMENDING SECTION 18.52.140,
PROVIDING FOR A DEFINITION OF COMMUNITY RESIDENTIAL FACILITIES AND
ADDING THEM TO THE LIST OF CONDITIONAL USES IN ALL RESIDENTIAL
ZONES IN THE CITY OF BOZEMAN, MONTANA.
The City Manager stated the Commission conducted the public hearing on this Zone Code
Amendment on June 18, 1984, and approved that Amendment on June 25, 1984. He then recommended
that the Commission provisionally adopt this Ordinance and that it be brought 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. 1165, providing for community residential facilities
as a conditional use in all residential zones, 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 be;ing Commis- I
sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor
Weaver; those voti ng No, none.
Commission Resolution No. 2516 - provision of security for community events
City Manager Wysocki presented Commission Resolution No. 2516, as prepared by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 2516
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A POLICY FOR PROVISION OF SECURITY FOR
COMMUNITY EVENTS WITHIN THE CITY LIMITS.
The City Manager stated the Commission approved the policy statement and requested
that it be brought back in Resolution form. He then recommended the Commission adopt this
Resolution.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion adopt Commission Resolution No. 2516, establishing a policy for provision of security for
community events. 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 - waiver of open container ordinance - Main Street, 6:00 p.m. to 8:30 p.m., August 1,
1984 - A Taste of Bozeman I
City Manager Wysocki presented to the Commission a request submitted by Laurie Schultz,
Chairman of "A Taste of Bozeman, II for a waiver of the open container ordinance for the dinner
to be held on Main Street on Wednesday, August 1, 1984, between 6: 00 p. m. and 8: 30 p. m.
Ms. Laurie Schultz stated "A Taste of Bozeman" will be held on Wednesday, August 1,
1984 on Main Street. She noted 22 restaurants will be involved in this event; and $1.00 from
each reservation will be donated to the Beall Park Arts Center. Ms. Schultz noted the dinners
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range from $3.80 to $24.00; and some people have indicated they feel they should be able to
have a glass of wine with an expensive dinner.
Ms. Schultz then requested that the Commission waive the open container ordinance for
the dinner and stated several restrictions would be imposed on the consumption of alcoholic
beverages during the activity. She noted no alcoholic beverages will be served with the
dinners, but the waiver would allow persons to bring their own drinks. She noted one of the
I restrictions would be that the alcoholic beverages could be consumed only while sitting at a
table. Ms. Schultz indicated the guests will be seated from 6:00 p.m. to 8:30 p.m. only.
City Manager Wysocki asked if the individual restaurants will be responsible for en-
forcl ng the restrictions on consumption of alcohol ic beverages.
Laurie Schultz stated they will be. She also noted maps indicating the location of each
restaurant will be given to those with reservations; and those maps will contain a statement
about the consumption of alcoholic beverages.
Commissioner Anderson noted the actual serving of dinners will begin at 7: 00 p.m. and
suggested the hours be revised accordingly, since alcoholic beverages are to be consumed only
while seated.
Commissioner Jordan noted he will be participating in "A Taste of Bozeman" and will
abstain from voting on this item.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission approve the request for waiver of the open container ordinance on Main Street on
Wednesday, August 1,1984 between the hours of 7:00 p.m. and 8:30 p.m. for "A Taste of
Bozeman II for seated guests only. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor
Weaver; those voting No, none. Commissioner Jordan abstained.
Discussion - FY I Items
City Manager Wysocki presented the following "For Your Information" items to the Com-
I mission:
(1) A letter of thanks from David Penwell for the City's participation in providing
uniformed police officers for the Celebration '84 activities.
(2) A copy of the goals and policies for Fiscal Year 1985.
(3) Weekly construction reports from Thomas, Dean and Hoskins, Inc., for the water
system improvements.
(4) The City Manager reminded the Commission of the public hearing on the Community
Development Block Grant to be held on Wednesday, July 25 at 7:00 p.m.
(5) Commissioner Anderson stated the Housing Committee will meet at her house on
Tuesday afternoon from 4:30 to 6:00, with a potluck dinner following. She noted Mike Ross wi II
be present to discuss the CDBG program.
(6) The City Manager stated in the Consent Items listed below, the Commission will
acknowledge receipt of the recommendations for the Fiscal Year 1984-85 budget. He then sub-
mitted to the Commission a list of the items in this document which have not been previously
included and noted the total amount is substantially higher than in the past. He then sug-
gested that the Commissioners review the document during the upcoming week, anticipating a
discussion on this item at next week's meeting. He also noted a presentation on fire protection
at Montana State University is expected.
Consent Items
City Manager Wysocki presented the following Consent Items to the Commission:
I Acknowledge receipt of City Manager's recommendations for the Fiscal Year
1984-85 budget
Authorization for Librar to administer $4,000.00 Library Services and
onstructlOn ct grant
Authorize Call for Bids - 1984 seal coat improvements
Authorize Call for Bids - a-inch well at Bogert Park
Claims
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
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vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner
Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none.
Adjournment - 4:55 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 I
Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver;
those voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
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