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HomeMy WebLinkAbout1982-03-22 3'.',....' . b Ii MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 22, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 22, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Acting Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meetings of March 8 and March 15, 1982, were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the report for the City Court for December 1981 be removed for a small discussion. Decision - Conditional Use Permit - Lowell Springer for Don Nell - corner of Koch and Willson (next to Artemus Apartments) City Manager Evans stated that additional information and data have been presented which Mr. Springer would like to submit back through the process. The City Manager recommended that the City Commission remand the case of the Conditional Use Permit to the Zoning Commission for addition hearing on this item so that the information could be I incorporated into the process. Commissioner Weaver stated that he did not understand and finds the situation very frustrating, since as I ittle as 15 to 20 minutes before the meeting began, he had checked with the Staff to see if there had been any change and there hadn't been. He stated that he understood the City Manager's recommendation to get a good decision, but that he was more than a little upset in the way it has been handled. He further stated that at the public hearing the representative for the petitioner indicated that nothing had been done to address the 8 items brought to their attention by the Staff and then at the last minute there is a request for a change. Assistant City Manager Barrick stated that the information has been presented to the planning staff but in view of the recommendation from the Zoning Commission the request from the petitioner was to withhold it. He further stated that nothing had changed because they haven't had a chance to review it to determine whether or not the conditions are going to be totally met. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission disapprove the petition. I Commissioner Vant Hull stated that people in the neighborhood have told the Commis- sioners that they would be interested in a good development there and the planning staff has stated that a planned unit development would be a good thing in that area. She felt that even though there were many problems with the present plan including such things as being 365 a foot off from the amount which was allowed, some of these things are so nitpicky that they hardly seemed essential. She stated that if there is additional information and further input in attempts to make the apartment complex more suitable to the neighbors, it would be totally appropriate for the matter to be taken back to the Zoning Commission to let them look at it before the City Commission does. I Mayor Stiff concurred basically with what Commissioner Vant Hull said. He stated concern about the implication that if things are dragged out long enough in the end they slide through and he resents this implication. He stated that the corner is a bad one and it needs to be taken care of. He also felt that the minor problems in their entirety can become quite major such as the parking that backs directly into the alley, an immense snow removal problem and the density problem. He stated that unless those three problems are addressed it becomes a whole new question. He stated he would like to see the problems solved and hopefully time would be of the essence. Commissioner Mathre stated that she doesn't recall ever when something was sent back to the Zoning Commisison. She asked the City Attorney if there was a problem with sending it back. City Attorney Planalp stated that the Commission was within their legal rights to send it back to the Zoning Commission. Commissioner Weaver stated that he would still like to make the point that while there is a general agreement that something needs to be done to enhance the neighborhood and to I provide the owner of the property the opportunity to develop within the guidelines provided in the Zoning Code, he is at loss to be able to vote at this point on something that has been not responded to by the developer very well. He stated concern that it seems that all that has taken place is going to be abandoned for the convenience of the developer who has not been very concerned about the convenience of government or the adjacent property owners. Commissioner Vant Hull stated that since everyone is in general agreement that something has to be done, the only difference between the two procedures (sending it back to the Zoning Commission or letting a new application be filed) is the fact that the Commission is showing concern and is willing to send it back to the Zoning Commission for additional information and input. She stated that by not remanding it back, the Commission appeared that it wasn't concerned. The motion failed by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Anderson; those voting No being Commissioner Vant Hull, Com- missioner Mathre and Mayor Stiff. It was then moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission send the matter back to the Zoning Commission with the hope that more I information and that more of the problems will be addressed so that the neighborhood will find the plan a good one. City Attorney Planalp stated that there should be a specific designation as to what the Commission wants done so the Zoning Commission knows what to review. Following some discussion the motion was revised. 10~:, , ~ll._; It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission remand the request to the Zoning Commission with the further request that they look at the new and additional information which the Planning Staff wi II address in the meantime. Mayor Stiff stated that he shares Commissioner Weaver's concerns about the longevity of the process and stated once again that time should be of the essence. I Commissioner Weaver stated that he wants to make it very clear that on the one hand he would certainly welcome the accommodation of the developer to the needs of this particular development as stated by the Planning Staff and articulated by the people, but that he finds it entirely indefensible that this issue was brought to this body 10 to 15 minutes before it convened. He stated that he thinks it is trifling the process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver and Commissioner Anderson. Decision - Zone Map Chanqe - R-3 to B-3 - Lowell Sprinqer - Lots 24, Guy's First Addition (northeast corner of Olive and Bozeman) City Manager Evans recommended that the request for a Zone Map Change on behalf of Lowell Springer be disapproved. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request on behalf of Lowell Springer for a Zone Map Change. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Staff recommendation - bond sale - SID No. 638 - sanitary sewer - East of Jordan's City Manager Evans recommended, after doing some preliminary checking into the matter and talking with one of the principals involved in the SID's, that the Commission accept the bid from Walt Miller at the rate of 14 percent on the bond issue of $8,500.00. It was moved by Commissioner Mathre, seconded by Commisisoner Weaver, that the Commission award the bond sale to Walt Miller in the amount of $8,500.00 at the rate of 14 percent. 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 - Self-government powers City Manager Evans presented information to give to the Commissioners from the state codes that deal with general-government powers and self-government power and also lists the I alternate for the various forms of local government. City Manager Evans stated that he asked the City Attorney for an opinion on a section of the code and had received a letter from the City Attorney that led him to believe that the City of Bozeman could amend the present form of government by Resolution and then adopt an . 367 Ordinance presenting such option to the electorate. He stated one approach would be to keep this form of government (Commissioner-Manager form) and exercise the option of self- government powers which is a sub-option available to this form of government by state code and we could present it to the electorate without them initating a petition; however, if we wanted to change the form of government to a Charter Form it would have to be by a petition I by the electorate. Commissioner Weaver asked if the present form of government is simply amended, would the Commission be taking the leadership role as opposed to some outside group taking the role. City Manager Evans stated that the Commission would take the leadership role and the amendment could be proposed to the electorate either through a general election or with a special ca lied election. Commissioner Vant Hull asked if it could be in a primary election in June. The City Attorney stated that he only tracked and reviewed the time criteria for the closing of the election schedule for November election and stated that he did not compute it for June's election, however he thought that June might be a little too early. He stated that there is enough time for it to be held in November. Commissioner Vant Hull stated that in any case it is important to do it because in 1976 when the voters voted on whether or not they wanted home rule it was turned down by a very small number. She stated that since that time there have been frightening things I happening in Bozeman; for example, the huge deficit that was discovered, a large number of City employees having to be laid off and many services having to be cut back. She also stated that she wondered if the voters realized that with home rule, money could be raised from people who now do not have to support the City; for example, all the tourists who come through town and people who work here but do not live here. She felt that home rule would help with some- of these things and could possibly lighten the tax burden on the City residents and perhaps even provide a higher level of service. Commissioner Anderson suggested taking a look at this topic on a Saturday orientation session because she feels that it is important to look at all aspects of this topic. Commissioner Weaver mentioned that most large cities have gone to home rule in one form or another. City Manager Evans stated that Billings, Helena, Butte-Silverbow and Anaconda-Deer Lodge have self-government powers and that Great Falls, Missoula and Bozeman still have general powers. He also stated that some small cities have adopted self-government powers. and approximately a total of 17 governments in the State have adopted self-government powers. I Commissioner Weaver asked if this will be scheduled on a upcoming Saturday agenda. City Manager Evans stated that on Apri I 17, 1982 there is a workshop scheduled with Energy as a topic and he feels that self-government powers could be included in that session. Commissioner Vant Hull stated that she feels that the energy workshop which will be held on the 17th of April is also an important topic and felt that perhaps a sixth session might be a good idea. She also stated that a good resource to read is Voter Review of Local 3 ~-, . t;. ~". Government which was prepared by the Bozeman Local Government Study Commission in 1976. Mayor Stiff stated that since they were trying to limit the number of sessions to five, perhaps the meeting on the 17th of Apri I was the time to bring a lunch and continue into the afternoon. Discussion - Gallatin County Mutual Fire Protection Assistance Contract renewal City Manager Evans stated that this Contract is a benefit to the City of Bozeman as I well as the outlying areas and feels that Bozeman has a great deal to gain in having the availability of equipment and manpower beyond our capabilities in the event of a disastrous fi re in the City. He stated that there are provisions as to what conditions would be responded to and what manpower and equipment they would respond with. He also stated that the Firefighters are all very much in favor of it and they have volunteered to come in on a no pay status. They are very sincere about it, which is very commendable on their part. The City Manager then recommended that the Commission authorize the Mayor to sign the 5 year renewal of the Gallatin County Mutual Fire Protection Assistance Contract. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Gallatin County Mutual Fire Protection Assistance Contract renewal. 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. Acknowledge report - Police Court for December 1982 I City Manager Evans stated that the monthly report for the Police Court for December 1982 appeared to be in order and recommended that it be accepted. Commissioner Vant Hull commends all the various departments who do give reports and feels that they should be read and when there are questions they should be brought up for a brief discussion. Commissioner Vant Hull stated that one area she was concerned about was that a comparison of tickets between December 1980 and 1981 was quite surprising. First of all under nontraffic (dogs), the number of tickets went up and the explanation was that there are now two officers doing the job. In doing a comparison of amounts in 1980 the per capita fine was $30.00 and in 1981 it was $12.50 and there was no explanation as to why this amount went down . She stated that since so many people continue to complain about dog problems we should ask that the report include more information; for example how many cases are dismissed and how many are suspended, and see if any reasons can be found why the amount per capita has dropped very drastically. It was moved by Commissioner Vant Hull that the report on comparison of tickets from month to month include how many dismissals and suspensions there are. The motion died for lack of second. I Commissioner Weaver asked if this was prepared by the City Court and was informed that it had been. He stated that he is reluctant to make such a request. He felt that it might be more appropriate to simply ask the City Manager to contact the court. 369 The City Manager stated that he would talk with the City Judge and express the desires of the Commission to have more information on the reports. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report for the Pol ice Court for December 1981 and that it be brought back to the Commission next week for fili~g. The motion carried by the I 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. Request - permission to hold Rent-a-Goat - Headwaters Council of Camp Fire - April 1, 1982 City Manager Evans presented to the Commission a request for permission to hold Rent-a-Goat on behalf of Headwaters Council of Camp Fire to be held on April 1, 1982. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission approve the request for permission to hold Rent-a-Goat on behalf of Headwaters Counci I of Camp Fi re to be held on Apri I 1, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to conduct candy sale - Headwaters Council of Camp Fire - April 22 - May 7, 1982 City Manager Evans presented to the Commission a request for permission to conduct a I candy sale on behalf of Headwaters Council of Camp Fire to be held on April 22 through May 7, 1982. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that t'he Commission approve the request for permission to conduct a candy sale on behalf of Headwaters Council of Camp Fire to be held on April 22 through May 7, 1982. 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. Request - permission to attend - Ernie Cox - Death Investigation School - Lewistown, Montana - March 29-30, 1982 City Manager Evans presented to the Commission a request on behalf of Ernie Cox for permission to attend a Death Investigation School to be held in Lewistown, Montana, on March 29-30, 1982. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Ernie Cox for permission to attend a Death I Investigation School in Lewistown, Montana, on March 29-30, 1982, and it being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Comm issioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. 3'1 i '... l ."'." Application for Liquor License - Livery Stable - Calendar Year 1982 City Manager Evans presented to the Commission an application for a Liquor License, along with the required fee, on behalf of the Livery Stable for the Calendar Year 1982. The City Manager recommended that the Commission grant a temporary approval for a Liquor License pending a receipt of a permanent State Liquor License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission approve the application for a Liquor License on behalf of the Livery Stable for the Calendar Year 1982 for temporary authority to sell liquor pending the receipt of the permanent State Liquor License. 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 Beer and Wine license - La Cocina Restaurant - Calendar Year 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of La Cocina Restaurant for the Calendar Year 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Beer and Wine License on behalf of La Cocina Restaurant for the Calendar Year 1982. 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. I Application for Raffle License - Montana State Society of American Association of Medical Assistants - October 23, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of Montana State Society of American Association of Medical Assistants to be held on October 23, 1982. To be raffled is an afghan valued at $150.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Raffle License on behalf of Montana State Society American Association of Medical Assistants to be held on October 23, 1982. 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. Authorize Mayor to sign - Right-of-Way Easement - Montana Power Company City Manager Evans presented to the Commission a Right-of-Way Easement for the Montana Power Company for a power line at the Wastewater Treatment Plant and recommended I that the Commission authorize the Mayor to sign the Right-of-Way Easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Right-of-Way Easement with Montana Power Company. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 3 -11 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson a!ld Mayor Stiff; those voting No, none. File report - Building Inspection Department for February 1982 City Manager Evans stated that the monthly report for the Bui Iding I nspection De- I partment for February 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for the Bui Iding I nspection Department for February 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. File report - Broad Valleys Federation of Libraries for February 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for February 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Broad Valleys Federation of Libraries for February 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report Firefighter Skip. Hougland - attendance at National Fire Academy - Emmitsburg, Maryland - February 1-12, 1982 City Manager Evans presented to the Commission the report submitted by Firefighter Skip Hougland on his attendance at the National Fire Academy in Emmitsburg, Maryland, on February 1-12, 1982. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the report from Firefighter Skip Hougland on his attendance at the National Fire Academy in Emmitsburg, Maryland, on February 1-12, 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. Request - permission to place banner across Main Street - Bobcat Booster fund Drive - March 25-Apri I 2, 1982 I City Manager Evans presented to the Commission a request on behalf of the Bobcat Boosters for permission to place a banner across Main Street from March 25 to Apri I 2, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Bobcat Boosters for permission to place a banner across Main Street from March 25 to Apri I 2, 1982. The motion carried by the -- --..----.--- ,....,'... ~} , f.. 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. Adjournment - 4:50 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Anderson, seconded by Commissioner Weaver, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST IFF, Mayor ATTEST: ROB I N L. SU LLlV AN Clerk of the Commission I I