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HomeMy WebLinkAbout1982-09-07 147 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 7, 1982 ************************* The Commission of the City of Bozeman met in regular session In the Commission Room, I Municipal Building, September 7, 1982 at 4:00 p.m. Present were Mayor Pro Tempore Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan. Mayor Stiff was absent in compliance with Section 7-3-4322, M. C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of August 30, 1982 were approved as corrected. Mayor Pro Tempore Mathre asked if any of the Commissioners desired to remove any of the Items listed under Consent Items for discussion. Commissioner Weaver requested that the request for a waiver of the open container ordinance on behalf of the Montana Bank of Bozeman be removed for discussion. of conductin public hearin s Ii ht of the extensive City Manager Evans stated that Commissioner Anderson suggested that discussions be held this week and next week on the adoption of rules of procedure for the conduct of public hearings. The City Manager then presented to the Commission copies of sections of the State Code which deal with the adoption of rules for the conduct of business, including Sections 7-1-4131,7-1-4143 and 7-1-4149, M.C.A., which were passed by the 1979 Legislature, and Section 7-3-4323, M.C.A. The City Manager stated that the first three sections are permis- sive and may be adopted by the Commission. I Commissioner Anderson stated that the Commission could implement the slip method for the public hearings to be held on September 20. Under this method, people who wish to speak fill out a slip of paper stating upon which Item they wish to speak and giving a basic statement of what they wish to cover. This method can also contain a rule that If a statement has been covered by a previous speaker, the person waives his/her right to speak. Commissioner Anderson also suggested imposing a time limit. She stated that this could be done without cutting the openness of government and would cause people to discipline themselves and condense their remarks. Commissioner Vant Hull asked if those public hearings at which no one has Indicated a desire to speak could be combined. City Attorney Planalp stated that each public hearing must be opened, conducted and closed individually. He stated that the process could be streamlined with the elimination of the repeated call for individuals to speak. He also noted that those public hearings at which people wish to speak could be conducted first with the rest following. Commissioner Anderson stated that the Commission should be considering meetings after September 20 as well as that meeting. She stated that the Commission should establish a routine that would eliminate redundancy in the future. Commissioner Vant Hull stated that the Commission should establish a policy that consi- ders those people who may arrive late but wish to speak upon an item. She noted that they should be allowed to fill out a slip and to speak. Commissioner Vant Hull also suggested the possibility of setting the pattern of opponent-proponent-opponent speakers. This would allow I both sides to be heard. Commissioner Weaver stated that the gavel has a purpose. Also, he noted that It seems appropriate to register to speak at the appropriate time. However, he does not feel the agenda for September 20 requires such action. He stated that the slip method should be used only when It Is needed. He noted that the City Is not large enough to employ such a method on a full-time basis. Commissioner Weaver also noted that streamlining of the process and elimination of repetition is needed. 09-07-82 1":- ,.,4, Mayor Pro Tempore Mathre stated that the Commission could use rules only If needed. This would allow the process to remain flexible. Commissioner Weaver stated that the limitation of time Is important. He noted that the Mayor could state the time limit at the beginning of the public hearings and enforce that time limit by using the gavel. Commissioner Vant Hull suggest.ed that a list of rules for testifying at public hearings be provided in the box for agendas, which Is located outside the Commission Room door. I City Attorney Planalp noted the possibility of establishing different public hearing for- mats and times for different types of public hearings. This would allow flexibility for the Commission both now and In the future. Commissioner Anderson stated that the Chair should use the gavel during an exchange of dialogue between opposing parties. She noted that all comments and testimony should be directed to the Commission. Commissioner Weaver asked If the Bozeman Deaconess Hospital will give a full-blown presentation at the public hearing for vacation of streets in the area at the meeting on September 20. City Manager Evans stated that he feels that the hospital will give a full presentation. City Attorney Planalp suggested that the City Manager find out how long the presenta- tion will be and set the time limit accordingly. If the hospital requests an extensive time, the time limit may be set lower than the time requested. The City Attorney stated that the Commission should not grant an exception to the time limit during the first use of the time limit because It will lose its effectiveness Immediately. This Item will be placed on next week's agenda for further discussion. Request - waiver of open container ordinance - Montana Bank of Bozeman, N.A. - Montana Bank parking lot - September 25,1982 - 12:00 noon to 1:00 p.m. City Manager Evans presented to the Commission a request on behalf of the Montana Bank of Bozeman, N. A., for a waiver of the open container ordinance at the Montana Bank I parking lot on September 25, 1982, between the hours of 12:00 noon and 1 :00 p.m. This Is In conjunction with the Classic VI Run. Commissioner Weaver noted that the requested waiver of the open container ordinance appears to be for a large number of people in a small area. City Manager Evans stated that the Chief of Police has reviewed the request and has noted no problems In the past. The City Manager then recommended approval of the request. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of the Montana Bank of Bozeman for a waiver of the open container ordinance at the Monana Bank parking lot on September 25, 1982, from 12:00 noon to 1 :00 p.m., in conjunction with the Classic VI Run. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant - Hulf, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Commission Resolution No. 2427 - assessment of taxes for garbage collection City Manager Evans presented Commission Resolution No. 2427, entitled: COMMISSION RESOLUTION NO. 2427 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF I ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Evans recommended provisional passage of the Commission Resolution and that the public hearing date be set for September 20, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Commission Resolution No. 2427, for the assessment of taxes for garbage collection for Fiscal Year 1983, and that the public hearing date be set for 09-07-82 149 September 20, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Pro Tempore Mathre; those voting No, none. I City Manager Evans presented Commission Resolution No. 2428, entitled: COMMISSION RESOLUTION NO. 2428 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND I NST ALLI NG MISCELLANEOUS SIDEWALKS AND CURBS DURI NG THE YEAR 1978. City Manager Evans recommended provisional passage of the Commission Resolution and that the public hearing date be set for September 20, 1982. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission provisionally adopt Commission Resolution No. 2428, for the relevylng and re- assessing of special assessment of taxes for the 1978 Miscellaneous Sidewalk and Curb Program (David M. and Nancy K. Ward, 716 South 13th Avenue), and that the public hearing date be set for September 20, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. City Manager Evans presented Commission Resolution No. 2429, entitled: COMMISSION RESOLUTION NO. 2429 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DE- CLARING IT TO BE THE POLICY TO ASSESS AN ADMINISTRATIVE CHARGE OF SIX PERCENT (6%) AGAINST ALL SPECIAL IMPROVEMENT DISTRICTS AT THE TIME OF FINALIZING AND ASSESSING EACH DISTRICT PURSUANT TO SECTION 7-12-4169, MCA. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2429, establishing an administrative cost percentage to be applied to SID's and providing for transfers to the SID Revolving Fund and the General Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those volng No, none. Application for Beer License - Montana Bank of Bozeman, N.A., - September 25, 1982 City Manager Evans presented to the Commission an application for a Beer License, along with the required fee, on behalf of Montana Bank of Bozeman for September 25, 1982. The City Manager noted that this Is conjunction with the Classic VI Run. The City Manager stated that a State License has been Issued and recommended approval of the application. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Beer License on behalf of Montana Bank of Bozeman for September 25, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Pro Tempore Mathre; those voting No, none. I Application for Raffle License - Bozeman Senior Social Center - October 24, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Bozeman Senior Social Center for a raffle to be held on October 24, 1982. To be raffled are pillow cases valued at $20.00; a quilt valued at $50.00; an afghan valued at $25.00; a photograph valued at $30.00; and a latchhook pillow valued at $20.00. 09-07-82 1 r."'\ '.".. ,..) ',,'/ It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission approve the application for a Raffle License on behalf of the Bozeman Senior Center for a raffle to be held on October 24, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Request - permission to attend - Di rector of Finance Swan - one-day seminar on Indirect cost I allocation plan - Helena, Montana - September 27, 1982 City Manager Evans presented to the Commission a request on behalf of Director of Finance Amy Swan for permission to attend a one-day seminar on how to develop an Indirect cost allocation plan for local governments, to be held In Helena, Montana, on September 27, 1982. The City Manager recommended approval of the request. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Director of Finance Swan for permission to attend the oneday seminar on how to develop an Indirect cost allocation plan for local govern- ments, to be held in Helena, Montana, on September 27, 1982 and, It being in the public in- terest, her expenses be paid out of the appropriate fund. The motion carried by the follow- Ing Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. Authorize use of annual leave - City Manager Evans - September 27 through October 1, 1982 City Manager Evans presented to the Commission a request on his behalf to take annual leave during the period September 27 through October 1, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request for use of annual leave by the City Manager during the period September 27 through October 1, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Pro Tempore Mathre; those voting No, none. I Authorize Ma or intersections an City Manager Evans presented to the Commission a City-State Agreement for the maintenance of signalized intersections and school crossings. The City Manager recommended that the Commission authorize the Mayor Pro Tempore to sign the agreement. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission authorize the Mayor Pro Tempore to sign the City-State Agreement for maintenance of the signalized intersections and school crossings. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commis- sioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. Phase I City Manager Evans presented to the Commission Change Order No. 3 for the Waste Water Treatment Plant Improvements, Phase I. This Change Order Is with Edsall Construction Company and will increase the contract amount by $1,514.00. The City Manager recommended that the Commission authorize the Mayor Pro Tempore to sign the Change Order , authorizing the increase. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor Pro Tempore to sign Change Order No. 3 for I Phase I of the Waste Water Treatment Plant Improvements, authorizing an In.crease of . $1,514.00 for Edsall Construction Company. The motion carried by the following Aye arid No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. 09-07-82 ----------- 151 Phase II, City Manager Evans presented to the Commission Change Order No. 1 for the Waste Water Treatment Plant Improvements, Phase II, Schedule I. This Change Order Is with John- stone Excavating, I nc., and will Increase the contract amount by $980.75. The City Manager recommended that the Commission authorize the Mayor Pro Tempore to sign the Change Order, I authorizing the increase. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor Pro Tempore to sign Change Order No. 1 for Phase II, Schedule 1, of the Waste Water Treatment Plant Improvements, authorizing an increase of $980.75 for Johnston Excavating, I nc. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Pro Tempore Mathre; those voting No, none. File report - Police Division for May 1982 City Manager Evans stated that the monthly report for the Pollee Division for May 1982 appeared to be In order and recommended that it be accepted and ordered filed. It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the report for the Pollee Division for May 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull, Commissioner Weaver and Mayor Pro Tempore Mathre; those voting No, none. Acknowledge report - Building I nspection Division for August 1982 City Manager Evans stated that the monthly report for the Building Inspection Division for August 1982 appeared to be in order and recommended that It be accepted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission acknowledge the monthly report of the Building Inspection Division for August 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting no, None. Claims Claims for the past week were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to Issue warrants In payment thereof. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. Recess - 4:40 p.m. Mayor Pro Tempore Mathre declared a recess at 4:40 p.m., to reconvene at 7:00 p.m. for public interest items. Reconvene - 7:00 p.m. Mayor Pro Tempore Mathre reconvened the Commission meeting at 7: 00 p. m. for the purpose of discussing Items of public interest. I This was the time and place set for a public hearing of a request on behalf of Rea and Scoffleld for a Zone Map Change from R-3 to R-O for Lot 5B of Amended Subdivision Plat of Lot 5, Block 4, Kirks Second Subdivision, more commonly known as the northwest corner of West Beall Street and North Fifteenth Avenue. 09-07-82 1 r.") ,',. ,J 1_. Mayor Pro Tempore Mathre opened the public hearing. Assistant Planner Mike Money stated that neighborhood protests were received at the Zoning Commission hearing. He stated that the neighbors raised questions about the possible rearrangement of covenants on the property. The applicant has Indicated a desire to work with the neighbors on these covenants. Last year, the property went through the conditional use process. Some of the Improvements have not been completed on off-street parking and landscaping. The applicant Is willing to try to complete the on-site improvements within the I next month. Mayor Pro Tempore Mathre continued the public hearing for one month, until the Zoning Commission acts upon the request. Public hearlnq - Conditional Use Permit - Dr. A. E. McChesnev - expansion of commercial building located on Lot 18A, McChesney Industrial SubdIvISIon TOLl l'lTKTes Drive) This was the time and place set for a public hearing of a request on behalf of Dr. A. E. McChesney for a Conditional Use Permit for the expansion of a commercial building located on Lot 18A, McChesney Industrial Subdivision, more commonly known as 621 Nikles Drive. Mayor Pro Tempore Mathre opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the parcel upon which this building Is located is an Isolated parcel, with no frontage on Nlkles Drive, Griffin Drive or North Seventh Avenue (old Highway No. 10). Mr. Money stated that two separate requests are Involved In this application: (1) to locate an upholstery shop In a por- tion of the existing structure; and (2) to expand the structure for future retail sales use. The Zoning Commission recommended conditional approval of the requested conditional use permit. They further recommended that only the first condition be placed upon the location of an upholstery shop In the existing structure, and that the remaining eighteen conditions be placed on the expansion of the structure. Assistant Planner Money stated that the applicant questions some of the conditions set forth by the Zoning Commission, including the designation of the area along the eastern por- I tion of the lot as a side yard rather than a rear yard and the requirement of the City Engineer that an underground drainage system be Installed from the site to the existing drainage ditch. Commissioner Vant Hull asked If the rear yard designation on the east side of the structure would be a problem. The Assistant Planner stated that he does not foresee any encroachment on the sur- rounding properties by designating the eastern portion of the pa~cel as the rear yard. He noted that the rear yard designation would allow paving to the property line, while the side yard designation would provide more open space and greenery. Mayor Pro Tempore Mathre asked If the applicant can provide the required twenty parking spaces without parking In the rear yard. Assistant Planner Money stated that the applicant will lose four parking spaces with the proposed addition. However, he has more than the required number of parking spaces so he will stili be able to provide the required number of spaces. Mr. Corbin Ross, Architect representing the applicant, stated that the applicant agrees with the conditions set forth by the Zoning Commission, with the exceptions of paving the private street extending from Nlkles Drive to the property; the designation of the eastern portion of the property as a side yard; and the drainage plans which the City Engineer has requested. Mr. Ross stated that the applicant will agree to pave the private street when the building In which C & T Trailer Supplies and Service Is located is expanded, but he does not feel that now Is the proper time for the condition. He also stated that large overhead doors I are located on the east side of the bui Iding. The large vehicles using this structure need as much room as possible in which to maneuver. Mr. Ross also stated that the City Engineer has Indicated that he will approve site drainage plans which utilize pipe. The applicant feels that the proposed addition to the Leisure Time Sales building does not warrant the additional burden that this would cause. The applicant is willing to utilize a grassed ditch. The City Engineer has Indicated that he 09-07-82 153 does not feel that the private access from Nlkles Drive would need to be paved at this time. Commissioner Weaver asked how much water will drain Into the ditch and If a grassed ditch wou Id be adequate. He then asked If the drainage should be Ultimately culverted. Assistant Planner Money stated that the City Engineer has two concerns: (1) who will provide the underground drainage when other lots are developed and (2) erosion control. Mr. Corbin Ross stated that the applicant feels that the drainage in the area should be I culverted ultimately. He does not feel that it should be done immediately, but before development of the area is completed. Mr. Ross also noted that all of the immediate area has a "T" designation, and all development must be approved by the City Commission. Mr. Larry Hinck, co-owner of the upholstery shop wishing to relocate to this struc- ture, stated that he supports the request. Commissioner Weaver asked what proportion the costs of the recommended capital Improvements would have to the costs of the addition. Assistant Planner Mike Money stated that the full benefit of the off-site drainage improvements will not be felt until all of the development in the area has been completed. Mr. Ross stated that the costs of paving the private street to Nlkles Drive, laying pipe for the off-site drainage and Installation of three catch basins would be approximately one-half of the cost of construction of the addition. Mr. Dick Hargrove, partner in the upholstery business, stated that the site under consideration is an Ideal location for their business. Mr. Jim Brown, representing Dr. McChesney, stated that the easement for the drain- age ditch will be no problem because the applicant owns the three lots Involved. The applicant has stated that he will provide underground piping for the drainage at the time that these lots are developed. At the present time, he favors Installation of a ditch and taking necessary measures to prevent erosion. Mr. Brown also stated that the private street to Nikles Drive may present a hazard as people drive around the buildings. He stated that this access could possibly be eliminated. Mr. Brown also requested that the yard to the east of I the building be designated a rear yard rather than a side yard. He stated that the large trucks need the entire area available between the building and the lot line for turning a round. No one was present to speak In opposition to the granting of the request. Mayor Pro Tempore Mathre closed the public hearing. A decision wi II be forthcoming In one week. Adjournment - 7:55 p.m. There being no further business to come before the Commission at this time, It was moved by Commissioner Weaver, 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 Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 09-07-82