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HomeMy WebLinkAbout1981-05-27 :169 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 27, 1981 ******************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 27, 1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick, City Attorney Planalp and the Interim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner VoHmer . The minutes of the regular meeting of May 20, 1981, were approved as submitted. Discussion - Bauer's Business License - Irregularities Interim City Manager Evans read a letter from the City A ttorney stating that the business license suspension has been in litigation. The City Attorney also recommended that, finding no legal grounds to continue the suspension, the suspension be lifted and the business license be allowed to continue in force. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the I Commission lift the suspension of John Bauer's business license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff , Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Decision - Developing an Administrative Charge Rate for Centralized Services - City Manager's Recommen da tion Interim City Manager Evans stated that he had broached the subject of developing an administrative charge rate for centralized services. At that time, Commissioner Swanson sug- gested that the City may be overzealous. The Interim City Manager stated that he feels this may be a valid point. He also stated that he had spoken with Gil Crain, who would be contracted by the City to develop an administrative charge rate for centralized services, and both felt that the project could be postponed for approximately four months, and requested that the matter be brought back to the Commission at a future date. This would also be considered as a budget item for the Fiscal Year 1982. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- I mission concur with the recommendation of the Interim City Manager and that September 9, 1981, be the date set for the return of the proposal for developing an administrative charge rate for centralized services to the Commission. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 370 Set date for public hearing - Commission Resolution Nos. 2326 and 2327 - SID No. 636 (1) and 636(2) - June 10, 1981 Interim City Manager Evans stated that the Commission had approved Commission Resolu- tion Nos. 2326 and 2327, intent to create SID No. 636 (1) and 636 (2) to pave one or two blocks of Peach Street, at the meeting of May 13, 1981, but no date for pub lic hearing had been set at that time. He recommended that June 10, 1981, be the date set for the public hearings I on these two resolutions. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission set the date for public hearings on Commission Resolution Nos. 2326 and 2327, Intent to create Special Improvement District No. 636(1) and 636(2). The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Public Hearing - Story Hills Annexation This was the time and place set for the public hearing on the Story Hills Annexation. Mayor MacNab declared the public hearing opened. Mr. Rick Mayfield, representing the developers, stated that approximately 400 acres is involved in the proposed annexation. He stated that the city limits now include a por- tion of the Story Hills area. Mr. Phil Green, Morrison and Maierle, stated that a private water system is proposed I for the area. He stated that the water source would be from wells or surface water. The State Department of Health and Environmental Sciences would approve a private water system within the city limits if it was controlled by a legal body, such as a homeowners association, under the direction of a qualified operator and charged the users for the water used. He also stated that the system was designed so that it could be connected into the present City water system at some future date, should the change be desired. Mr. Earl Griffith, a Montana State University Master's Degree student in Geology, stated that there shouldn't be any problem in supplying sufficient water for the proposed annexa- tion through groundwater. He suggested that wells could he placed approximately 1,000 feet apart on the eastern edge of the proposed annexation, where they would draw water from the Rocky Creek and East Gallatin drainages. Mr. Rich Monger, a water rights consultant, listed the rights that the Story Hills Partner- ship holds. He stated that the water rights to surface water, especially Rocky Creek, would be more than sufficient to supply the proposed annexation. Mr. Rick Mayfield stated that the burden of proof for water supply is with the de- veloper when a phase of development is being proposed. At any time that the developer can- I not prove that the water supply is sufficient for the proposed development, the City will be able to deny further development. Mr. Rick Mayfield then addressed the question of a second access into the Story Hills area. He stated that a secondary access could be developed which would meet Bridger Drive, ;l7t or a possible access could be developed which would enter the Kelly Canyon Road near Old Highway No. 10. He stated that either access would be harder to keep open than Big Gulch Drive. Mr. Mayfield also stated that "L" Street and North Wallace were main arterial streets in Bozeman's Master Plan several years ago. He stated that it would probably be two years I before any development is done in Story Hills, therefore, the upgrading of these streets would not have to be done immediately. Mr. Phil Green, Morrison and Maierle, stated that two alternate routes within the subdivision were proposed in the event that Big Gulch Drive should become impassable for any reason. He stated that the alternate routes would also be harder to keep open than Big Gulch Drive. Mr. Rick Mayfield concluded by stating that this would reverse the trend of subdividing and developing good farm land. He stated that this was his ninth appearance before the City Commission alone relating to this proposed annexation. He stated that the developers were also facing more problems with this proposal than those developing good farm land, and much more expensive. No one was present to object to the proposed annexation. Mayor MacNab closed the public hearing, whereupon the twenty-day period for written protests began. The matter will come before the City Commission on June 17, 1981, for a decision. I Change Order No. 1 - SID No. 621 - Sanitary sewer - Valley Unit Subdivision Interim City Manager Evans presented Change Order No. 1 for SID No. 621, sanitary sewer in Valley Unit Subdivision, to the Commission. This Change Order would be for the re- seeding of the area adjacent to the sanitary sewer installation along Baxter Lane. The In- terim City Manager recommended approval of the Change Order. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- mission approve Change Order No. 1 to Special Improvement District No. 621, sanitary sewer in Valley Unit Subdivision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commission Prescribe form and terms and covenants - SID No. 629 - Sewer S uare Subdivision an terms and covenants - SID No. 630 - Interim City Manager Evans presented Commission Resolution No. 2328 to the Commission, entitled: I COMMISSION RESOLUTION NO. 2328 RESOLUTION RELATING TO $71,000 SPECIAL IMPROVEMENT DISTRICT NO. 629 BONDS; PRESCRIBING THE FORM AND TERMS AND COVENANTS OF THE CITY FOR THE REPAYMENT THEREOF. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2328, prescribing the form and terms and cove- ----------- ------- -~~--_._~-- ~- - 372 nants for the repayment of bonds for Special Improvement District No. 629. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner VoHmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Interim City Manager Evans then presented Commission Resolution No. 2329 to the I Commission, entitled: COMMISSION RESOLUTION NO. 2329 RESOLUTION RELATING TO $90,000 SPECIAL IMPROVEMENT DISTRICT NO. 630 BONDS; PRESCRIBING THE FORM AND TERMS AND COVENANTS OF THE CITY FOR THE REPAYMENT THEREOF. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission adopt Commission Resolution No. 2329, prescribing the form and terms and covenants for the repayment of bonds for Special Improvement District No. 630. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Request for Extension of Going-out-of-Business License - Monarch's - to the end of June The Interim City Manager presented to the Commission a request from Monarch's for an extension to their Going-out-of-Business License to the end of June. The original license I had been issued for sixty days and was to end on May 31, 1981. The City Attorney stated that this is a proper request. However, this is the only request they may make. After June 30, 1981, they will no longer be able to request an ex- tension; and they will be unable to open another store within the city limits for a period of one year. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Com- mission approve the request of Monarch's for a thirty-day extension of their Going-out-of- Business License through the end of June 1981. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - Bicycle Race - Gallatin Valley Bicycle Club - May 30, 1981 Interim City Manager Evans presented to the Commission a request from the Gallatin Valley Bicycle Club for permission to hold a bicycle race on May 30, 1981. The race would be from 10:00 a.m. to 12:00 noon on 9th and 10th from College to Dickerson. This would form a two-block long and one-block wide racetrack, which the contestants would ride around. I The City Manager concurred in the recommendation of the Chief of Police, and recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- mission approve the request of the Gallatin Valley Bicycle Club to conduct a bicycle race on -, ~73 May 30, 1981, from 10:00 a.m. to 12:00 noon. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Request - Gallatin Saddle Club - water trough and hitching rail in downtown parking Jot - June 17, IYI.H Interim Assistant City Manager Barrick presented to the Commission a request from the Gallatin Saddle Club for permission to use City bleachers and place a water trough and hitch- ing rail in one of the downtown parking lots. The Interim Assistant City Manager stated that he had spoken with Mr. Harold Mueller, Parking Commission, and that he saw no problem with the request, as long as they don It poke any holes in the blacktop surface to set the posts for the hitching rail. Mr. Glen White said he saw no problems with the Saddle Club borrow- ing the bleachers. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the request of the Gallatin Saddle Club for permission to place a water trough and hitching rail in one of the downtown parking Jots, subject to clean-up and removal of the water trough and hitching rail within twenty-four hours. The motion was carried by the fol.bwing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Request for Beer License - Gallatin County Tavern Association - June 6, 1981 - MSU Spring Thaw - Interim City Manager Evans presented to the Commission a request from the Gallatin County Tavern Association for a beer license for the MSU Spring Thaw to be held on June 6, 1981. The Spring Thaw is to be held at Reno H. Sales Stadium from 1: 00 p. m. to 9: 00 p.m. The Interim City Manager stated that the Sheriff and the Chief of Police recommended denial of the license, but stated that if the request were approved, they would help enforce the law as best they could. Interim City Manager Evans stated that in the past there have been no major problems arise and recommended approval of the request with the stipulation that the Gallatin Valley Tavern Association monitor the sale of beer and that they have a reasonable control on it so that there is no sale to minors. Also, they must obtain a State Beer License before the City will issue a beer license for the event. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the request of the Gallatin County Tavern Association for a beer license for the MS U Spring Thaw on June 6, 1981, with the following conditions: 1. They monitor the sale of the beer, so that it is not sold to minors; and 2. They obtain a State Beer License before the City will issue a beer license. I The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 374 Request - Appoint Gordon Wickham as Bozeman Municipal Band Director for 1981 season Interim City Manager Evans presented a request from the Bozeman Municipal Band that Mr. Gordon Wickham be appointed as the Bozeman Municipal Band Director for the 1981 season. Interim City Manager Evans recommended approval of the request. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission appoint Mr. Gordon Wickham as the Bozeman Municipal Band Director for the 1981 season. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Request for Parade - Bagdad Shrine Temple - June 6, 1981 The Interim City Manager presented to the Commission a request for a parade on be- half of the Bagdad Shrine Temple to be held on June 6, 1981, beginning at 2:00 p.m. He also recommended approval of the parade request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of the Bagdad Shrine Temple for permission to hold a parade on June 6, 1981, beginning at 2:00 p.m. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff , Commissioner Swanson and Mayor MacNab; those voting No, none. Proclamation - "Buddy Poppy Days" - May 30-31, 1981 - V.F.W. Post 903 I Mayor MacNab proclaimed May 30 and 31, 1981, as "Buddy Poppy Days" in the City of Bozeman and urged all citizens to wear a Buddy Poppy. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Application for Raffle License - Wally Byam Committee - Chamber of Commerce - June 8, 1981 Interim City Manager Evans presented to the Commission an application for a raffle, along with the required fee, on behalf of the Wally Byam Committee of the Chamber of Commerce. To be raffled on June 8, 1981, is a trip to the Mardi Gras. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the application for a raffle license on behalf of the Wally Byam Committee of the Chamber of Commerce. The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- I sioner Vollmer and Mayor MacNab; those voting No, none. File Report - Broad Valleys Federation of Libraries for April 1981 Interim City Manager Evans stated that the Broad Valleys Federation of Libraries Report for April appeared to be in order and recommended that it be accepted and ordered filed. ~75 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. I Claims Claims for the past two weeks were presented. The Interim City Manager had checked the claims and found them to be true and correct and recommended that the Interim Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Com- missioner Swanson and Mayor MacNab; those voting No, none. Executive Session Interim City Manager Evans requested an executive session be called and that all be excused except the Interim City Manager, Interim Assistant City Manager, the City Attorney and the Interim Clerk of the Commission. Mayor MacNab declared an executive session and requested all others to please leave the Commission Room. I Following the Executive Session, at 3:37 p.m., Mayor MacNab reconvened the Commis- , sion meetin g . Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commmis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. ~ J",._--""..... .,." :"......- ~,.,_. ATTEST: ROBIN L. WILLIAMS I Interim Clerk of the City Commission