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HomeMy WebLinkAbout1981-08-19 496 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 19, 1981 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 19,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner I Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre, after which the Mayor requested a moment of silence in memory of Jamie Holland. The minutes of the regular meeting of August 12, 1981 and the special meeting of August 13, 1981 were approved as submitted. Open bids - SID 636 - Pave two blocks of Peach Street This was the time and place set for opening bids for Special I mprovement District No. 636, paving of two blocks of Peach Street, between Rouse Avenue and Wallace Avenue. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. 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. I The following bids were then opened and read: Schedule I Schedule II Long Construction Co., Inc., Bozeman $125,794.50 $ 19,215.00 Big Sky Paving Co., Inc., Bozeman $123,086.60 $ 11,801.55 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to staff for review and a recommendation to be made on August 26, 1981. The motion 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. Consideration of Bids - Janitorial service for New Public Library - defer until report is received from the Library Board City Manager Evans recommended that action on the award of a bid for janitorial ser- vices for the New Public Library be deferred until the Library Board has an opportunity to review the bids. He stated that the Library Board is scheduled to meet on August 25. The Mayor deferred this matter for one week, to be brought back to the City Commission for action on August 26, 1981. I Decision - new sewer rates City Manager Evans recommended that the Commission adopt the new rates and rules and regulations as presented at the hearing which was conducted on August 13, 1981. 497 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt the new sewer rates and the rules as regulations as presented at the hear- ing conducted on August 13, 1981, and that the City Attorney be instructed to prepare the necessary resolutions and ordinances, for action at next week's meeting. The motion carried I by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Preliminary Plat Review - Platinum Subdivision City Manager Evans presented to the Commission a preliminary plat application for the Platinum Subdivision, which is located in the Northeast Quarter, Section 6, Township 2 South, Range 6 East, M. P.M. This is more commonly known as Tract 10 of the Northeast Annexation, and is situated south and west of the Midland Trucking Terminal and is bordered to the east by Bozeman Creek. Mike Money presented the Planning Staff's report, which contained twelve conditions for approval of the preliminary plat. Mr. Jim Dobrowski, Thomas, Dean and Hoskins, Inc., was present to represent the applicant. City Manager Evans recommended approval of the preliminary plat, subject to the twelve conditions, as submitted by the Planning Staff and adopted by the Planning Bard. I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the preliminary plat application for Platinum Subdivision, subject to the following conditions: 1. That the proposed Platinum Street be redesigned to place the cul-de-sac as to provide adequate access to lot 3 and remain outside of the flood plain easement area. The developer should also provide a road access easement between Lots 2 and 3 for possible future access to the property to the north for possible future connection to Griffin Drive. The developer must also submit a written request that the City Commission grant a variance to the Subdivision Regulations allowing the cul-de-sac to exceed 500 feet. 2. That the northern-most structure located on lot 6 be relocated or removed as to comply with the 20-foot front yard setback requirement in the Zoning Regulations. 3. That the structures crossing the common lot line between lots 6 and 7 be relocated so that they may be completely contained on one lot. 4. That the water main be located nineteen feet south of the north property line. S. That the developer submit a corrected plat for review to the Planning Staff that il- lustrates that the problems experienced with the original survey of the property have been corrected. The average center line of the stream channel should be verified and the flood plain easement be increased to satisfy those concerns expressed by the District Conserva- tionist, Walter Anderson. This should be accomplished by the developer and Planning Staff meeting with Mr. Anderson for clarification of his recommendations contained I within the land Use Resource Report submitted to the Bozeman City-County Planning Board concerning this subdivision. 6. That the final plat contain the Certficate of Survey numbers of the parcels of land bordering to the north of the proposed subdivision. 7. That the street, water and sewer improvements be designed in such a manner as to compensate for the severe soi I limitations. These plans should be submitted to the City Engineer for his reviewand approval. 8. That copies of the covenants or restrictions, if any, be submitted to the Planning Staff for review and approval. -498 - - 9. That an Improvements Agreement and method of security be drafted by the developer to incorporate all scheduled improvements and be submitted to the Planning Staff for review and approval by the City Engineer and the City Attorney. 10. That a copy of the designed drainage and detention facilities be submitted to the City Engineer for his review and approval. 11. That the "Certificate of Consent" be changed to a "Certificate of Dedication" on the I final plat. I 12. That a sediment and erosion control plan for the proposed installation of the improve- I ments be reviewed and approved by the City Engineer. This would include plans for the installation of sediment and pollutant traps to aid in reducing any future stream pollution. The District Conservationist will be consulted in regards to the sediment and erosion control plan. The motion 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. City Manager Evans presented to the Commission a request for an indefinite extension of the 30-day trial period for placement of a sandwich board sign at the corner of Tracy and Main, in front of Mr. Mac's Beauty Shop, on behalf of the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries. The City Manager stated that he has received no com- plaints on this activity. However, he recommended that permission be granted for 30 days only, rather than an indefinite extension. The City Manager further stated that he had met with four downtown merchants on Wednesday morning, and they would like to make some recommendations to the City Commis- I sion on activities in the downtown area. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission grant a 30-day extension for placement of a sandwich board sign at the corner of Tracy and Main to the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries. Commissioner Swanson then stated that some of the downtown merchants had spoken with him and had suggested a two-week extension of this request. He stated that this would please all persons concerned. It was then moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve a two-week extension to the Church of Jesus Christ of Latter Day Saints (Mormons) missionaries for permission to place a sandwich board sign at the corner of Tracy and Main, in front of Mr. Mac's Beauty Shop, between the hours of 12:00 noon to 1:00 p.m. and 4:00 to 6:00 p.m. 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. Discussion - Chamber of Commerce - request to State Hi hwa Department for more Bozeman I signs on nterstate City Manager Evans stated that Mr. Mac Bryant, Manager of the Bozeman Area Chamber of Commerce, had requested an opportunity: to speak to the City Commission regarding the placement of more signs on the interstate which show the mileage to Bozeman. 499 Mr. Rick Thompson, Conventions and Visitors Bureau of the Chamber of Commerce, presented correspondence to and from the State Highway Department regarding the placement of more signs showing the mileage to Bozeman along the interstate. He stated that, to date, no response has been received to the last letter which the Chamber of Commerce wrote to the State Highway Department. I Mr. Thompson stated that, between Billings and Bozeman, there are nine signs listing the mileage to Butte, seven signs listing the mileage to Livingston, and three signs listing the mileage to Bozemanall within 21 miles of the city. The Chamber feels that more signs are needed, because of the growth in our city and because of tourism. The Chamber of Com- merce also requests that the City Commission adopt a resolution and forward it to the State, to lend support to the request made by the Chamber. Mayor MacNab referred the request to the Staff for review and preparation of a resolution, to be brought back to the Commission for action in two weeks. City Judge - reconsideration of Fiscal Year 1981-1982 salary City Manager Evans presented to the Commission a request from City Judge Bryan for reconsideration of the Fiscal Year 198182 salary for that position. The City Manager also stated that information requested by Commissioner Mathre had been received and submitted to each of the Commissioners prior to the Commission meeting. The City Manager stated that he has no quarrel with increasing the salary. However, he has reservations about the re- I quested $15,000 per year. He stated that $14,000 had been previously discussed. Commissioner Vollmer noted that the City of Bozeman is presently paying more money than the City of Helena, which is a larger city. The City Manager noted that the City Judge is presently working approximately one- third of the hours established for full-time status. Commissioner Swanson stated that, generally, an attorney.s fees include secretarial work, office supplies, copies, use of office equipment, etc. He asked if the City Judge uses his own personal secretary and, if so, how much. City Judge Bryan stated that he uses his secretary a very limited amount. He stated that he has two clerks who work for the City who do most of the work. However, his. per- sonal secretary does answer the telephone in his office, and the Clerk of Court calls him, as do some of the attorneys to discuss Court business. The City Judge also stated that the City Commission should consider the volume of business which is done by the Court. He stated that the Bozeman City Court handles a greater volume of work than does the Helena City Court. Commissioner Swanson noted that the City Judge position is an elected one. He I stated that the City Commissioners are not compensated for time lost from their respective personal businesses. Commissioner Swanson further stated that he would assume that, because he ran and campaigned for the position, Mr. Bryan must have felt he could be of service and could dedicate some of his knowledge and service to the City. Commi ssioner Swanson stated that he has a problem with the desire to be fully compensated for time away 500 from the personal business. The City Judge stated that he can foresee an increase in jury trials because of a change in legislation which now requires mandatory jail sentences for first time DWI's. He stated that his estimated hours were increased to reflect this projection. He had listed an average of 10 hours per week, when presently he actually works 8 to 9 hours per week. Commissioner Vollmer asked if he takes any vacation time and, if so, if the Court I must pay additional monies for a substitute Judge. Commissioner Vollmer noted that this creates an added expense to the Court budget. Mayor MacNab deferred action on the request for two weeks, so that a full Commission may be present. ) ,- Commission Resolution No. 2344 - sidewalk sales City Manager Evans presented Commission Resolution No. 2344, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2344 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE POLICY OF THE CITY OF BOZEMAN TO LIMIT THE NUMBER OF PROMOTIONAL SALES THAT OCCUpy SIDE- WALKS, ALLEYS, STREETS, AVENUES OR OTHER PUBLIC RIGHTS-OF-WAY. City Manager Evans stated that, as the result of a meeting with four of the downtown merchants on Wednesday morning, he would request that action on this matter be deferred, so that the merchants may make recommendations. The Mayor deferred action on Commission Resolution No. 2344 until the meeting of I September 9, 1981. Commission Resolution No. 2345 - I ntent to create SID 638 - sanitary sewer - East of Jordan's - two (2) property owners City Manager Evans presented Commission Resolution No. 2345, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2345 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. Commissioner Mathre asked who the owners of the property are and if they are on the I delinquency list for SID's. Mr. Gary Cline and Mr. Dan Henderson are the property owners. However, no one could answer whether or not they are on the delinquent list. Commissioner Mathre noted that it would be a good idea to check in the future to be sure that anyone requesting an SID is not presently delinquent. ~O/ It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2345, the intent to create Special Improvement District No. 638, for installation of sanitary sewer on a portion of property located just east of Jordan's on East Main. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize call for construction bids and notice of bond sale - SID 615 - Burrup Annexation ~ sewer trunk - bid opening September 16, 1981; bond sale September 16,1981 City Manager Evans presented to the Commission a request to authorize the call for bids for SID No. 615, for sewer trunk in the Burrup Annexation. Commissioner Swanson stated that he would abstain from voting on this request to authorize call for bids for SID No. 615 because he has property in the Burrup Annexation listed through his real estate office. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the call for bids for SID No. 615, and establish September 16,1981, as the date for opening of construction bids and the date for the bond sale for this special improvement di strict. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none; Commissioner Swanson abstained. I Authorize call for proposals - City Shop Vehicle Storage Building - bid opening - September 16, 1981 City Manager Evans presented to the Commission a request for permission to call for proposals for a vehicle storage building to be located at the new City Shops. The City Manager stated that the draft proposal had been submitted by a local architectural firm, and the City Attorney had reviewed and made changes within the first five pages of the proposal. The City Manager stated that the need for this building is considerable in that four of the old shop buildings have been moved to concrete slabs or foundations to be used for storage of supplies. City Manager Evans stated that this proposal includes creative financing in that the contractor would place the building on Water and Sewer Utility land, to City specifications, and would lease the building to the Water and Sewer Utilities of the City for a certain period, after which time the Water and Sewer Utilities of the City would own the building. Commissioner Vollmer asked if the building would add to the tax base of the City and pay taxes. City Attorney Planalp stated that he has reviewed the matter but has no answer at I this time. Commissioner Mathre asked if the financing would come from the Enterprise Funds or if some of it would come from the General Fund. She also asked if the budget for this fiscal year could handle this expenditure. 501. City Manager Evans stated that the charges for this building would be split between four funds: the Water Fund, Sewer Fund, Garbage Fund and General Fund. He also stated that the drain on the funds during this fiscal year would be small. He stated that there would be a maximum of seven months during this fiscal year in which payments would be made, and these would be split between the four funds, so it would be no hardship to the I budget. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission authorize the call for proposals for a vehicle storage building to be located at the new City Shops, and that September 16, 1981, be the date set for opening of proposals. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No being Commissioner Stiff. Authorize Mayor to sign - Right-of-Way Easement - City to Greenwood Plaza for water line City Manager Evans presented to the Commission a request to authorize the Mayor to sign a right-of-way easement between the City and Greenwood Plaza. The City Attorney had reviewed the easement and found it to be in order. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Mayor be authorized to sign the easement and right-of-way agreement between the City and Greenwood Plaza. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff I and Mayor MacNab; those voting No, none. Request - Women's Community Center - Lindley Park - Au ust 23, 1981 - waiver of 0 en container or Inance City Manager Evans presented to the Commission a request on behalf of the Women's Community Center for a waiver of the open container ordinance for a picnic to be held in Lindley Park on August 23, from 6:00 p.m. to dark. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of the Women's Community Center for a waiver of the open container ordinance for a picnic to be held in Lindley Park on August 23 from 6:00 p.m. to dark. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Request - Rowe Ice Company - Bo art Park - Au ust 23, 1981 - waiver of 0 en container or I nance City Manager Evans presented to the Commission a request on behalf of Rowe Ice I Company for permission to serve beer at a company picnic to be held in Bogart Park on August 23, from 3:00 p.m. to 9:00 p.m. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request on behalf of Rowe Ice Company for permission to serve beer -----~ S03 at a picnic to be held in Bogart Park on August 23, from 3:00 p.m. to 9:00 p.m. 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. I of major cities in the state - Helena - August 20, City Manager Evans presented a request for permission for the City Manager and As- sistant City Manager to attend a meeting of representatives of major cities in Montana, to be held in Helena on August 20, 1981. The City Manager also stated that he would like to name City Engineer Arthur W. Van't Hul as the Acting City Manager for the one day. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request for permission for City Manager Evans and Assistant City Manager Barrick to attend a meeting of major cities in the state, to be held in Helena on August 20, 1981. The motion carried by the following Aye and No vote: those vot i ng Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Discussion - Forest Service - visitation to Bozeman Creek Drainage properties City Manager Evans presented to the Commission an invitation by Mr. John Dolan, District Ranger, from the Forest Service, extended to the City Commission and City I management personnel, to take a tour of the Bozeman Creek Drainage properties. This area includes land owned by the City of Bozeman and the U. S. Forest Service, and is the area in which a timber sale is being considered for this fall. Mr. Dolan has stated that it may be possible to get a helicopter for this tour. The City Manager stated that Mr. Dolan has indicated that the week immediately after Labor Day would be a good time to take this tour. Mayor MacNab requested that a decision on the matter be deferred for one week. He requested that each Commissioner determine when would be a good time to take this tour. Discussion - Gambling license revocation/suspension - Cat's Paw and T.J. IS City Manager Evans presented Affidavits of Probable Cause and Motion for Leave to File an Information, as prepared by County Attorney White, against the Cat's Paw and T.J. 'so He also submitted to the Commission an excerpt from the Montana Codes Annotated regarding licensing and regulation by the local governing body. The City Manager stated that the City Code deals with revocation of a gambling license, but does not address possible the suspension of such a license. I The City Manager stated that it could become a matter of prejudging the matter if the Commission revokes these two gambling licenses. He feels it should be settled in the Court before any action is considered by the City Commission. The City Attorney had spoken with the Liquor Control Board, and they wait until after Court action before taking any action on possible violations. The City Manager feels that it would be best to follow this guideline on this matter. f5'o4- Commissioner Stiff stated that he feels that this is a flagrant violation of the State Law which should be dealt with. He stated that he feels the issue of concern lies with the City Commission, not in the Court. Commissioner Swanson stated that the Commission should let the Court decide the matter. Commissioner Mathre stated that the ordinance needs to be reviewed and possibly cor- I rected. The Mayor stated that the recommendation is to let the Courts decide, and the City Commission may consider action later. He also asked that the City Attorney review the or- dinance and possibly prepare a new ordinance for adoption by the City Commission. Discussion - drafting of an obscenity ordinance City Manager Evans stated that the Commission should consider the drafting of an ob- scenity ordinance to be placed on the ballot for the November election, if the issue passes in the September election. The Mayor stated that he would like to appoint a committee to review and prepare an obscenity ordinance, to be brought before the City Commission for review and action. He appointed Commissioner Mathre as the Chairman and requested that she submit to him two names from each group for the committee. Mayor MacNab will complete his appointments to the committee at next week's meeting. Acknowled e report from Fire Chief and De uty Fire Chief on attendance at Western Fire I Ie s on erence City Manager Evans presented to the Commission a written report on the Western Fire Chiefs' Conference held in Elko, Nevada, on August 2-6, 1981, as submitted by Fire Chief Bud Simpson and Deputy Fire Chief Lee Lewis. The Commission accepted the written report and stated they preferred this method of report so it doesn't take the staff away from their appointed assignments. Reports: B road Valleys Federation of Libraries for July 1981 City Manager Evans stated that the B road Valleys Federation of Libraries report for July 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Broad Valleys Federation of Libraries for July 1981, and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those I voting No, none. Excuse Commissioner Stiff - August 26, 1981 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Com- missioner Stiff be excused from the meeting of August 26, 1981, in compliance with Section 7-3-4349, M.C.A. The motion carried by the following Aye and No vote: those voting Aye 50S being Commissioner Vollmer, Commissioner Swanson, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. File reports: Police Department for July 1981 and Building I nspection Department for July 1981 City Manager Evans stated that the Police Department report for July 1981 and the I Building Inspection Department report for July 1981 appeared to be in order and recommended that they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the reports be accepted and ordered filed. 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. Executive session - 3: 05 p. m. Mayor MacNab called for an Executive Session and requested that all be excused except the City Manager, Assistant City Manager, City Attorney and Clerk. Mayor MacNab requested that all others please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting. Adjournment - 3:27 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. 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. Mayor ATTEST: Clerk of the Commission I