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HomeMy WebLinkAbout1981-06-02 ;177 MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 2, 1981 I ******************** : I Th~ Co~mission of the City o{ Bozem~n met in sp~cial session in the Commission Room, Municipal Building, June 2, 1981, at 6:30 p.m. Present were Mayor MacNab; Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and the Interim Clerk. The meeting was opened with a prayer by Commissioner Stiff. Signing of the Notice of the Special Meeting The Mayor requested that each of the Commissioners sign the Notice of Special Com- mission Meeting. Each Commissioner in turn signed the Notice. Executive Session Mayor MacNab called an executive session of the Commission and requested that all persons except for the Commissioners leave the room. I Mayor MacNab declared the Executive Session of the City Commission closed and recon- vened the meeting. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner VolImer, seconded by Commissioner Stiff, that the meeting be adjourned. 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. ---"""'. DUNCAN S. MACNAB, Mayor ATTEST: ROBIN L. WILLIAMS Interim Clerk of the City Commission I 378 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 3, 1981 ******************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 3, 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 Stiff . The min~tes of the regular meeting of Max 27, 1981, and the special meeting of May 28, 1981, were approved as submitted. Public hearing - Survco, Inc. - Conditional Use Permit - Warehouse on Bridger Center Drive This was the time and place set for a public hearing on the request of Survco, Inc., for a Conditional Use Permit to build a warehouse on Bridger Center Drive. Mayor MacNab opened the public hearing. Ray Center, an engineer with Survco, Inc., stated that some problems had arisen during Wednesday morning. He stated that the developer requested that the public hearing I be continued for a period of one week. Mayor MacNab continued the public hearing until June 10, 1981. ""ft Public hearing - David Osterman - Zone Map Change - R-3 to B-2 - 19th & Olive This was the time and place set for a public hearing on the request of David Osterman for a Zone Map Change from R-3 to B-2 on a parcel of land located on the northeast corner of South Nineteenth and Olive. The Zoning Commission had recommended denial of the re- quest. Mayor MacNab opened the public hearing. Paul Bolton stated that this is the same rezoning on the same property which had been presented approximately two years ago. He stated the present zoning is still suited to the Master Plan. He also stated that this is the same rezoning which is in Federal Court at the present time. Mr. Greg Morgan was present to speak on behalf of the petitioner. He stated that the basis for the present request was the supply of B-2 land in the city. He stated that the I area is not the same as it was two years ago. Now the University Square Mall and the Main Mall are built and in operation. He also stated that there is a sufficient supply of R-3 zoned land within the city, but there is no available B-2 zoned land at the present time. No one was present to oppose the proposed zone map change. Mayor MacNab declared the public hearing closed. A decision on the matter will be forthcoming at the meeting held on June 10, 1981. !l79 Application for City License - Bozone Bookstore dba Ms. Kitty's Interim City Manager Evans presented to the Commission an application for a City License by Mr. John Bauer. The requested license would be for "an adult store -- retail sale of books, magazines, lin gerie, movie arcade and sundry items." Interim City Manager I Evans stated that there is no legal reason for not granting the license. The City also has no means to amend a previously issued license. He recommended approval of the license, upon the payment of the appropriate fee. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the application for a business license for Bozone Bookstore dba Ms. Kitty's, subject to the payment of the appropriate fee. The motion 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. Request for Alley Vacation - Montana Bank Interim City Manager Evans stated that this item had previously been before the Commission some time ago. He requested that the Commission set June 10, 1981, as the date for a public hearing upon the request to vacate the alley between Main and Mendenhall, from Third Avenue to Grand Avenue. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission set June 10, 1981 as the date for a public hearing on the request to vacate the alley I between Main and Mendenhall from Third Avenue to Grand Avenue. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, \ none. Request for Street Vacation - portion of Bond Street Interim City Manager Evans presented to the Commission a request for the vacation of a portion of Bond Street, located in the Bomont Center Subdivision. The Interim City Manager requested that the Commission set June 10 as the date for public hearing on this request. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission set June 10, 1981, as the date for a public hearing on the request to vacate a portion of Bond Street, located in the Bomont Center Subdivision. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Swanson, Commissioner Ma thre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. I Request for waiver of Conditional Use Permit - Tracy Kroon - to move garage from Old Sewage Treatment Plant site Interim Assistant City Manager Barrick recommended approval of the request from Tracy Kroon fCJ)r a waiver of the Conditional Use Permit to move the garage from the Old Sewage Treat- ment Plant site. He stated that the proposal would include moving the garage across the road ------ 380 from its present location on North Rouse Avenue. The petitioner proposes to place the struc- ture at the back of the Jot, behind shrubs and trees, and use it as an auto repair shop. The structure would probably not be visible from the road. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the Commission waive the Conditional Use Permit as it would serve no purpose to go through the I Conditional Use Permit procedure, due to the proposed location of the structure. The mo- tion 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. Request for Parade - Sweet Pea - August 6, 1981 - 4:00 p.m. Interim City Manager Evans presented to the Commission a request for a parade to be held on August 6, 1981, beginning at 4:00 p.m. He recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the request for permission to hold a parade on August 6, 1981. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Re uest for Parade - Students for Peace - June 7, 1981 - 9:15 rocession - I El Salvador situation Interim City Manager Evans presented to the Commission a request from the Students for Peace for permission to hold a candlelight procession on June 7, 1981, at 9:15 p.m. He stated that the Chief of Police recommended that the procession be confined to the sidewalks so that traffic is not blocked during this procession. The Interim City Manager concurred in the recommendation. Commissioner Swanson stated concern about the parade going through a residential neighborhood at night. He stated that some persons go to bed early, and this could be a disturbance to them. It was moved by Commissioner Stiff, seconded by Commission Swanson, that the Com- mission approve the request from the Students for Peace to hold a parade on June 7, 1981, beginning at 9:15 p.m., in protest of the United States involvement in El Salvador. The parade shall be confined to the sidewalk. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, Commissioner Swanson. Discussion - Main arterial streets of the City I Interim City Manager Evans stated that this matter was simply to discuss the main arterial streets of the city. Paul Bolton, Planning Director, showed the Commission an overlay map of the main arterials. This showed the network of proposed arterials, covering the city and into the aSl county area. He stated that Babcock and Durston will need to be improved because of the trend for development on the west side of the city. Art Van't Hul, City Engineer, stated that going from north to south, there are not very many arterial streets. He also stated that curbs around the city are disintegrating, I allowing water under the streets. This is costing the City more in maintenance of the streets. He stated that the Assistant City Engineer is presently compiling information on extending the one-way couplet. The possibility of adding Olive Street and Lamme Street as one-way streets is being considered. The City Engineer also stated that North Nineteenth is the highest priority street at present. It should be paved this summer or fall. Commissioner Mathre suggested the possibility of levying a county-wide gas tax for the maintenance of streets. Commissioner Stiff stated that he feels the Commission should handle this problem before some developer comes in with all the answers. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Interim City Manager, City Engineer and Planning Director deliver a simple written summary of the presentation regarding arterial streets to the Commission and that July 15 be the date the matter is returned to the Commission fbrfurther consideration. Commissioner Swanson requested that the motion be withdrawn and that the matter be brought back to the Com- mission in two weeks. Commissioner Stiff withdrew his motion, and Commissioner Swanson I withdrew his second of the motion. Mayor MacNab requested that the matter be returned to the Commission meeting on June 17, 1981. Discussion - City vs. County on gambling Interim City Manager Evans stated that the purpose of this discussion was not to establish an adversary position between the City and County, but rather to seek clarification of the jurisdiction and validity of certain ordinances within the City. City Attorney Planalp stated that generally speaking gambling is prohibited except for certain games within the state. The local governing bodies can adopt ordinances establishing conduct of those permitted games. He also stated that the status of one of the games is in question. He further stated that the judicial system will tell the people whether the game is a permitted or excluded game. Mr. Don White, Gallatin County Attorney, stated that it is his duty to interpret the statutes of Montana. He also stated that the County Attorney is the only one who can pro- secute violations of the Card Games Act. Mr. White stated in his opinion that Draw Poker I is illegal. It is not a game of skill; it is nothing more than a slot machine. Mr. White further stated that the Police Department does not have the manpower to police the gambling. Also, he sees no benefit to the community as a whole. Mr. White also stated that he can and will prosecute violations of this opinion within the city limits, whether or not the City Commission licenses the machines. 382 John Hooper, a member of the Gallatin County Taverns Association, requested the City Commission to keep the Draw Poker machines. He cited several instances in which the revenues from these machines have been donated to the community. Mr. Hooper also suggested the forming of a gambling committee to regulate the gaming machines. Mayor MacNab stated that the City Commission can only approve what is stated to be I legal by the State of Montana. He further stated that the Attorney General has not ruled on the issue. He also stated that the judicial system will have to answer the question of the legality of the Draw Poker machines. Commissioner Swanson questioned why the Gallatin Valley Taverns Association would license the machines, knowing that they would be closed on the same day. He also stated that the City has no provisions for refunding monies for City License fees. Mayor MacNab stated that a decision on the matter will be made at next week's meeting. Discussion - Advertisement of Public Hearings Interim City Manager Evans stated that items which have been before the Planning Board or Zoning Commission and then come before the City Commission for public hearings have the legal advertisements run at one time. He stated that sometimes an item is not acted upon by the first board, then appears on the City Commission agenda and may appear sev- eral times before any action is taken by the first board to hear the matter. The Interim City Manager further stated that the City Manager is the person the I State Statutes state will prepare the agenda for the City Commission meetings. He stated that the advertisement for public hearings, as it is now handled, does not allow the City Manager to prepare the agenda. The present method of advertising both hearings at the same time does save money for the City, both in advertising costs and in mailing costs. Also, it reduces the amount of time which the public has to wait for a decision on the request. The City Attorney stated that the legal requirements are met with either one or two notices of public hearing. It was the concensus of the Commission that the procedure should remain the way it is for now. Application for Beer and Wine License - Restvedt's Meat Market - 229 East Main Street Interim City Manager Evans presented to the Commission an application for a beer and wine license, along with the required fee, on behalf of Restvedt's Meat Market at 229 East Main Street. The Interim City Manager recommended approval of the application. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission approve the application for a beer and wine license on behalf of Restvedt's Meat Market located at 229 East Main Street. The motion carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. :183 Re uest for ermission - Glenn Black to attend Montana State Volunteer's onference - Helena - Interim City Manager Evans presented to the Commission a request from the Fire De- partment for permission for Captain Glenn Black to attend the Montana State Volunteer's I Conference. Cost of the conference would be $162.00. Interim City Manager Evans stated that there was sufficient money in the budget to cover this expenditure and recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request from the Fire Department for Captain Glenn Black to attend the Montana State Volunteer's Conference to be held in Helena on June 11-13, 1981. The mo- tion 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. Request to serve beer - Karst Stage - Bogart Park - June 5, 1981 - 3: 00 p. m. to 7: 00 p. m. Interim City Manager Evans presented to the Commission a request from Karst Stage for permission to serve beer in Bogart Park on June 5, 1981, from 3:00 p.m. to 7:00 p.m. The Interim City Manager said the request states that the premises will be cleaned up before their departure and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commisioner Stiff, that the Commis- I sion approve the request of Karst Stage for permission to serve beer in Bogart Park on June 5, 1981, from 3: 00 p. m. to 7: 00 p. m . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Ma thre and Mayor Mac Nab; those votin g No, none. Bids for Removal and Relocation of Old City Shop Buildings Interim City Manager Evans stated that the City had advertised for bids for the removal and relocation of the Old City Shop Buildings from their present location by the new Public Library to the Old Sewage Plant site. He stated that no bids were received as of May 20, 1981, which was the date set for the opening of bids on the matter. Interim Assist- ant City Manager Barrick has been negotiating with various contractors, and received two bids for the removal and relocation of the Old City Shop Buildings. Interim City Manager Evans then read the following bids: Barnard Construction Company, Bozeman $27,439.00 Bandel- Big gerstaff Construction, Bozeman $34,768.00 Interim City Manager Evans stated that the estimate of $24,000.00 for the removal and I relocation of the Old City Shop buildings was an old estimate and that he felt these were reasonable bids. He further stated that the budget has sufficient funds to cover the costs of this expenditure. He recommended that the City Commission accept the bid from Barnard Construction in the amount of $27,439.00. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission accept the bid of Barnard Construction of Bozeman, Montana, in the amount of -384 $27,439.00, it being the lowest and best bid, for the removal and relocation of the Old City Shop buildings from their present location by the new Public Library to the Old Sewage Plant si te . The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor I MacNab; those voting No, none. Report - Building Inspector for May 1981 Interim City Manager Evans stated that the Building Inspector's report for May ap- peared to be in order and recommended that it be acknowledged. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Building Inspector for May 1981 and that it be brought back to the Commission next week for filing. The motion carried by the folbwing A ye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Com- missioner Vollmer, Commissioner Stiff 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. Mayor MacNab declared an Executive Session and requested all others to please leave I the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting at 4:05 p.m. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Comriussione~ Mathre, that the meeting be adjourned. The motion 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. f/' )- ;i ,L~ , )-.---<v------- DUNCAN S. MACNAB. Mayor ATTEST: ROBIN L. WILLIAM~ I Interim Clerk of the City Commission