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HomeMy WebLinkAbout1982-10-18 221 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 18, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, October 18, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Johnstone and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of October 12, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Request - block off portion of Main Street on the evening of December 10 for Christmas promotional City Manager Evans presented to the Commission a request on behalf of The Baxter Hotel, Rocky Mountain Pasta Company, Robin Lounge, High Country News, KBOZ and the Chamber of Commerce promotion committee for permission to conduct an "Old Fashioned Christmas" on Main Street on December 10, 1982. The committee requests that the Commission block off a portion of Main Street during the evening of December 10 for the promotional activities planned. Ms. Becky Obrigewltch, representing the committee, stated that the purpose of the proposed promotion is to get community Involvement, including the people in the community, University, school system and governmental units. She stated that the proposal would include I the closing of Main Street between Grand Avenue and Rouse Avenue during the hours of 6: 00 p.m. to 9:00 p.m., or 5:00 p.m. to 10:00 p.m. If at all possible. Ms. Obrlgewitch stated that the theme would be developed as a Christmas Stroll, and the closing of Main Street would be necessary for the full effect. She also noted that a large number of people are antici- pated, and the closing of the street would make crossing much safer. Ms. Obrigewltch presented to the Commission a proposed itinerary for the Christmas Stroll. She stated that the merchants would keep their stores open late, but that is not the main thrust of the promotional. She noted that the proposal also includes caroling, sleigh riding, children's activities, arts and crafts shows, window displays, photo displays, Christmas Tree decorating and music by various area groups. Commissioner Anderson suggested that the committee consider closing Main Street be- tween Willson Avenue and Rouse Avenue so that the north-south traffic could move on an ar- teria I. Commissioner Mathre asked why the street would have to be closed for the activities. Ms. Obrigewitch stated that they plan to do the Christmas caroling in the street, and the trees wi II be placed in the street for decorating. She also noted that it would be much safer for all concerned if the street were closed. Commissioner Weaver noted that the Id@a would be to turn the Main Street area into a mall for a short period of time. He asked if this could be done as effectively on either Men- denhall Street or Babcock Street. He also noted that the length of the closure of Main Street is a critical question. I Ms. Obrigewltch stated that it would not be as effective because the activities are being planned on Main Street and In buildings located along Main Street. Mr. Sam Kimbrell, Director of the Chamber of Commerce, stated that the closure of several blocks of Main Street would be for aesthetic value and for safety of people crossing the street. He noted that several children will be present because of the children's activities that are planned. He stated that closure of Main Street would avoid the pedestrian/traffic mixture and many potential problems. He stated that the initial plans had included closure of 10-18-82 r;., ", " ,""., a- Main Street from Willson Avenue to Rouse Avenue during the hours'of 6:00 p.m. to 9:00 p.m. He stated that Mendenhall Street and Babcock Street can carry traffic; and if advance advertis- ing is done, people will be aware that Main Street is closed, causing a minimum of incon- venience. Commissioner Weaver stated that local trucks will not likely be traveling on a Friday evening. However, interstate trucks may be traveling through Bozeman during those hours. Commissioner Vant Hull suggested flashing barricades and signs made by the committee I be placed at the intersection of Main Street and Seventh Avenue to warn vehicles that a por- tion of Main Street is closed. City Manager Evans noted that Main Street should possibly be closed from Seventh Avenue to Rouse Avenue. He stated that this would involve the rental of fourteen barricades and would involve Police manhours. The City Manager noted that the turning radius of the streets in the downtown area is not sufficient for large trucks. He stated that c10su re of the longer area could avoid unnecessary potential problems in the downtown area. City Manager Evans stated that it is difficult to recommend a three-hour closure of a main thoroughfare. He reminded the Commission that Main Street is a highway, and that fact should be considered. Mr. Kimbrell stated that the committee would like to receive a decision on their request for the closure of Main Street, for what portion of the street and for what period of time. He also noted that if costs will be incurred by the committee, they need to know those costs as soon as possible so that they may be considered in the planning. Mayor Stiff requested that the City Staff research and determine possible costs involved, including anticipated overtime costs, materials and rental costs. The Mayor further requested that the matter be placed on next week's agenda. Request - permission to conduct cross-country run - Lindley Park - MSU Men's Athletic De partment ~ November 6, 1982 City Manager Evans presented to the Commission a request on behalf of the Montana State University Men's Athletic Department for permission to conduct a cross-country run I across City property, including the Old Moose Lodge property and Lindley Park, on November 6, 1982. The City Manager noted that the Chief of Police and Assistant Park Superintendent have expressed no Objections and recommended that the Commission approve the request. Mr. Rob Stark, Coach of the MSU Men's Track Team, stated that the loops for the proposed run have been set up so that they do not cross Highland Boulevard. He further noted that the running loops will go completely around the cemetery and will not enter it at any point. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of the Montana State University Men's Athletic De- partment for permission to conduct a cross-country run across City property, including the Old Moose Lodge property and Lindley Park on November 6, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commission Resolution No. 2431 - Mill Levy Resolution City Manager Evans presented Commission Resolution No. 2431, entitled: COMMISSION RESOLUTION NO. 2431 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUND- I ARIES OF THE CITY FOR FISCAL YEAR 1982-1983. City Manager Evans noted that the Resolution establishes a total mill levy of 104.89 mills, which will produce the projected property tax revenues for the Appropriation Ordinance, which has been recently adopted. He further stated that the County Assessor's Office Is currently preparing tax statements for the County and needs the mill levy information for the City as soon as possible so that they may get the tax statements mailed. 10-18-82 223 Mayor Stiff expressed opposition to the mill levies set within the Resolution because of a continued concern about the budget that the Resolution funds. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2431, setting the mill levy for the Fiscal Year beginning July 1, 1982 and ending June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and I Commissioner Weaver; those voting No being Commissioner Vant Hull and Mayor Stiff. Proposed Ordinance - revising License Ordinance City Manager Evans presented a proposed ordinance revising the current License Or- dinance, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 3, BUSINESSES, REGULATIONS AND LICEN- SING, OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE LICENSING OF ALL INDUSTRIES, TRADES, PURSUITS, PROFESSIONS, VOCATIONS AND BUSINESSES, PROVIDING FOR BONDING OF CERTAIN ENTERPRISES FOR THE PUBLIC PROTECTION, PROVIDING PENAL TIES FOR VIOLATIONS AND REPEALING ORDINANCE NOS. 264,413,455,580,583,584,587,608,613, 637, 645, 750, 759, 944, 950 and 1029 AND PARTS OF ORDI NANCES IN CONFLICT HEREWITH. City Manager Evans stated that the Assistant City Manager has spent many hours drafting proposed revisions to the current license ordinance. The City Manager requested that the Commission consider and adopt the ordinance prior to the first of November so that the new ordinance will become effective prior to January 1, 1983. He noted that the new fee structure could then be used and further noted that the estimate of revenues from business licensing listed on the City Manager's Estimate of Expenditures and Revenues is based upon the new proposed fee structure. Assistant City Manager Barrick stated that he has simply rewritten the Title 3 of the I Bozeman Municipal Code. He has also streamlined the section, listing the fee structure for all business licenses in a single chapter. He noted that when Book Publishing Company did the recodification of the Code, they proposed several revisions of the chapter. Those revisions have also been incorporated into the proposed ordinance. Commissioner Anderson asked how the fee structure compares to others around the state. Assistant City Manager Barrick stated that he had checked with Helena, Great Falls and Billings; and the fee structures are comparable. The Assistant City Manager stated that the new fee structure is based upon the square footage of the building in which the business is located, and upon the amount of police pro- tection needed by the type of business. He stated that the proposed fee structure also has an established minimum fee and maximum fee. City Manager Evans noted that the proposed license ordinance will replace an ordinance which was enacted in 1933. He also noted that with the economic Inflation rates since that time, a 650 percent increase in licensing fees would be required to generate the same basic amount of revenue. Mayor Stiff suggested that the Commission defer action on the ordinance until City At- torney Planalp has had an opportunity to review the proposed draft. City Manager Evans noted that a public hearing is not required, but the Commission may conduct a public hearing if it so desires. He recommended that the Commission set a public hearing date for November 15, 1982, so that the Commission will then have time to act I on the passage of the ordinance prior to December 1, 1982. I t was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission set November 15, 1982, as the public hearing date for the proposed license ordin- ance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 10-18-82 ? . if-.,,," __ . Mayor Stiff requested that the proposed ordinance be placed on an agenda prior to the public hearing for further discussion. Proposed Commission Resolution - opposition to Initiative 92 re expansion of legalized gambling City Manager Evans presented a proposed Commission Resolution, entitled: COMMISSION RESOLUTION NO. 2432 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, REGARDING INITIATIVE 92 AND THE EXPANSION OF LEGALIZED GAMBLING IN MONTANA AND THE CITY OF BOZEMAN. Commissioner Weaver stated that his purpose for proposing this Resolution is his concern that the impact of the proposed initiative will fundamentally alter the character of gambling in Montana, and thus alter the community. He feels that the change would not be for the best. Commissioner Weaver further noted that Initiative 92 would allow several undesirable changes, including the legalizing of twenty-one (or blackjack) and would allow up to ten tables and seven electronic or mechanical machines per establishment, which would provide more of a casino-type atmosphere. Commissioner Weaver further noted that Initiative 92 would create a Gaming Commission and would set the fee per machine or table. That fee structure for cities would be lower than the City of Bozeman's current fee structure. Mayor Stiff noted that City Attorney Planalp has asked if the Commission has sufficient information to support the judgment made by the passage of the Resolution. He stated that he feels that all of the Commissioners have reviewed sufficient information to support their decisions. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2432, stating opposition to Initiative 92, regard- ing the expansion of legalized gambling. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant I Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Application for Gambling License - Filling Station, Inc. - through June 30, 1983 - one card table and one poker machIne City Manager presented to the Commission the application, along with the required fee of $500.00, for renewal of the Gambling License for the Filling Station, Inc., for the period ending June 30, 1983. The City Manager noted that this application is for the licensing of one card table and one poker machine. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License for the Filling Station, Inc., for one card table and one poker machine for the period ending June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Gambling License - 4B's Black Angus - through June 30, 1983 - one card table and one poker machine City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for renewal of the Gambling License for 4B's Black Angus for the period ending June 30, 1983. The City Manager noted that this application Is for the licensing of one card table and one poker machine. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for the 4B's Black Angus for one card table and one poker machine for the period ending June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 10-18-82 225 Authorize Mayor to sign - agreement with Burlington Northern; authorize payment of $300.00 per year City Manager Evans presented to the Commission an agreement with Burlington Northern for an easement to allow a 20-inch sanitary sewer line to cross the Burlington Northern right of way. The City Manager noted that this easement was granted by the Burlington Northern following the City's filing suit for condemnation of the right of way. The sanitary I sewer which will cross the right of way is a transmission line to the Waste Water Treatment Plant and is a part of the EPA construction project. The City has a November 1, 1982 dead- line for opening bids for construction of the 20-inch sanitary sewer line. I f that deadline is not met, the City may lose the 75 percent EPA matching money for the project. City Manager Evans further noted that the Burlington Northern easement includes a provision that the City pay $300.00 per year, subject to revaluation of that fee every five years. He also stated that this agreement has been negotiated by City Attorney Planalp and the Burlington Northern. The City Manager recommended that the Commission authorize the Mayor to sign the agreement. He further noted that the requested payment seems equitable and recommended that the Commission authorize the payment of $300.00 per year. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the agreement with Burlington Northern for an easement to place a 20-inch sanitary sewer line along Burlington Northern right of way and authorize the payment of $300.00 per year for the easement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commis- sioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Authorize City Manager to sign agreement formalizing oral agreement re harvesting hay City Manager Evans presented to the Commission an agreement formalizing an oral agreement with Mr. Doug Hanson for the harvesting of native grasses for use as hay from Graf Park. The City Manager noted that for several years Mr. Hanson has been harvesting I the native grasses from Graf Park under a verbal agreement. This written agreement simply formalizes that oral agreement. I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the City Manager to sign the agreement formalizing the oral agreement with Mr. Doug Hanson for the harvesting of hay in Graf Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - letter of complaint from Harrington's Bottling re Convenience Disposal City Manager Evans presented to the Commission a letter of complaint received from Harrington's Bottling Company concerning their billing from Convenience Disposal Company, their private garbage collection company. The City Manager noted that another item has just been received that will be placed on next week's agenda which is similar in nature. He requested that discussion and action on this item be deferred for a period of one week and that both items be considered together. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission defer discussion and possible action on the letter of complaint from Harrington's Bottling Company concerning Convenience Disposal Company for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver I and Mayor Stiff; those voting No, none. Centennial Committee report - Commissioner Weaver Commissioner Weaver stated that Mr. Don McLaughlin, Architect, has prepared a grant application. He noted that the Centennial Committee is ready for a decision on submission of the application to the Historical Society in Helena. The Commissioner noted that the total cost of the project is estimated at $38,000.00. He stated that the Centennial Committee has offered 10-18-82 2..... a matching amount in labor; the Chamber of Commerce will provide a walking tour brochure, at a cost of $2,000.00; and the balance of $8,000.00 will be sought through the City govern- ment and the County government. Commissioner Weaver stated that if funds are available through the Coal Severance Tax Fund, that may provide a portion of the $8,000.00 needed. Commissioner Weaver requested that the matter be placed on the agenda next week for another report on possible funding of the historical inventory. Authorize Mayor to si n - Request for Reimbursement from EPA I - 28,176.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the purchase of the Sludge Injection Equipment. This Is the final payment request, in the amount of $28,176.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Sludge Injection Equipment In the amount of $28,176.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Fi Ie report - Building I nspection Division for September 1982 City Manager Evans stated that the monthly report for the Building I nspection Division for September 1982 appeared to be in order and recommended that it be ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for the Building I nspection Division for September 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Claims I Claims for the past two weeks 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 Mathre, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Recess - 5:33 p.m. Mayor Stiff declared a recess at 5:33 p.m., to reconvene at 7:00 p.m. for items of public interest. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearings. the ird This was the time and place set for the public hearing on the Conditional Use Permit on behalf of Marilyn R. Forte', to allow a pre-school at Christ the King Lutheran Church on I Lot 3, Block 4, Thompson's Third Addition (located at the southeast corner of South Third Avenue and Kagy Boulevard). Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the Zoning Commission expressed concern about delivering and picking up the children. He noted that the structure is located away from the street, and the children would not be close to 10-18-82 227 vehicular traffic. Mr. Money also noted that the parking lot Is graveled. A study of the soils has revealed that a good base for paving of the parking lot does not exist. Mr. Money also noted that the pre-school would be for children ranging from three to five In age. He stated that the school would be nondenominational. The Zoning Commission recommended conditional approval of the request. No one was present to speak in support of or in opposition to the granting of the re- I quest. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that, because no opposition was submitted and due to the urgent demand for a pre-school facility, the customary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Conditional Use Permit on behalf of Marilyn R. Forte', to allow a pre-school at Christ the King Lutheran Church on Lot 3, Block 4, Thompson's Third Addition (located at the southeast corner of South Third Avenue and Kagy Boulevard), be approved subject to the following condition: 1 . That the Conditional Use be valid for a period of 18 months following the approval of the use. Prior to permanent renewal of the permit at the end of that period, the site and application will be reevaluated and a report made to the City Commission for their action. If the use is in compliance with the intent of the original application, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Public hearing - Conditional Use Permit - William Grabow for First Security Bank - allow an Automatic Teller Machine on Lots 15-21, Block 52, West Park Addition (1021 West College) I This was the time and place set for the public hearing on the Conditional Use Permit submitted by William Grabow on behalf of First Security Bank to allow an Automatic Teller Machine on Lots 15-21, Block 52, West Park Addition, more commonly known as 1021 West College Street. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that Mr. Grabow has appeared before the Board of Adjustment and was granted a variance to place the structure ten feet from the property lines along South Eleventh Avenue and West College Street. The Assistant Planner noted that the application involves only a small portion of the tract of land. Assistant Planner Money noted that the Zoning Commission recommended conditional ap- proval of the Conditional Use Permit. The applicant has expressed disagreement with the first condition because he feels that since the building is located close to the property lines, the parking should be allowed within the front or side yards. Assistant Planner Money also noted that the site plans show a five-foot sidewalk along both South Eleventh Avenue and West College Street. At the present time, that sidewalk does not exist along West College Street. He also stated that the majority of use for the Automatic Teller Machine will be by pedestrian traffic. Commissioner Weaver noted that a five-foot sidewalk should be installed along West College Street. Mr. William Grabow, architect representing First Security Bank, stated that the side- I walk space currently exists; it simply has not been developed. Mr. Grabow stated that several precautions will be taken to minimize vandalism of the unit, including surveillance cameras, Federal Bureau of Investigation, and U.S. Government protection for banks. Mr. Grabow stated that the main reason the structure Is to be located so close to the sidewalk is because it will be used mainly by pedestrians. He stated that the Automatic Teller Machine may be temporary in nature if branch banks are allowed, or it may be permanent. Mr. Grabow stated that the structure will be mainly glass and will be welHlt for security 10-18-82 " <',.... .. : pu rposes . He also stated that the intersection of South Eleventh Avenue and West College Street is a four-way stop, and the structure should present no safety hazard at the inter- section. No one was present to speak in opposition to the granting of the request. Mayor Stiff closed the publ Ie hearing. A decision will be forthcoming in one week. Public hearin~ - Zone Map Change - Joyce Rasmussen - AS to M-l - Blocks 88, 89 and 90, I Northern Pacific Addition This was the time and place set for the public hearing on the request for a Zone Map Change, on behalf of Joyce Rasmussen, from AS to M-l for Blocks 88, 89 and 90 of Northern Pacific Addition. The property consists of approximately 5.6 acres fronting on L Street and Bohart Lane. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Zoning Commission has reviewed the request and the Commission suggested that a "T" designation be placed on the zoning for this parcel. The Zoning Commission recommended that the zoning on the parcel be changed from AS to M-l-T. Mr. Tom Olson, Attorney for Mrs. Rasmussen, waived any comments but stated that he would respond to any questions. No one was present to speak in opposition to the granting of the request. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 10-18-82