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HomeMy WebLinkAbout1979-02-14 February 14, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 14, 1979 at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney Planalp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, February 7, 1979 were approved as submitted. Commission Resolution No. 2042 - SID 609 - Langohr Park Improvements I Action was delayed on Commission Resolution No. 2042, SID 609, Langohr Park Improve- ments for a period of one week. The City Manager stated that at the hearing last week mention was made by Attorney Screnar that the City does not have the power to create a special improvement district to develop municipal parks. In a discussion with the City Attorney immediately after the meet- ing, Attorney Screnar conceded this when shown Montana Code Annotated 7-12-4102 (2). The City Attorney advised the Commission that in accordance with State Statute 7-l2- 4102 - (2) whenever the public interest or convenience may require, the City Council is authorized and empowered to create special improvement districts for building and construct- ing municipal swimming pools and other recreation facilities. The City Manager said that it was mentioned last week that HUD would not have to pay an assessment. In reality, the HUD property could ignore the assessment, alla the Federal pre- rogative. However, HUD does not intend to own this property any longer than they must. Rather, they would like to divest themselves of it, and use the City as a pass-through in order to ac- complish that divestiture. If the HUD property is transferred to private ownership -- albeit through the City -- the property then would be subject to the assessment. It would not become a burden on the General Fund, as alluded to last week. The City Manager further advised the Commission that the City had not received word of the $100,000 park grant. The City Engineer has not had sufficient time to determine the percentage of land area represented by the original petition and the City Manager was not sure that the figure would even be pertinent. Upon recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission table action on Commission Resolution No. 2042, SID No. 609, Langohr Park Improvements. The motion was carried by the following Aye and No, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer and Mayor Sedivy, those voting No, none. Continued hearing - Planning Staff - zone code amendment - Chapter 18.76 Townhouse Develop- ment Standards & Overlay District I The hearing on the request of the Planning Staff for a zone code amendment having been continued for a period of one week, was again presented. If approved the zone code amendment would modify Section 18.76.030 (4) Development Districts, 18.76.050 - Utilities and Services, and 18.76.110 (2) - Common Open Space, of Chapter 18.76 - Townhouse Development Standards and Overlay District. The City Manager had asked the Water Superintendent and the City Engineer to attend the meeting. The Water Superintendent said the Water Department takes the water service from the main in the street to the meter in the house. The sewer line is taken only to the property line. The intended user is responsible to install the sewer line to the building. The Water Superintendent advised the Commission that the only way to be able to furnish utility services to townhouses and do it properly is to furnish complete individual services. This will require many pavement cuts which have a tendency to ruin a new street. The only way to protect the street paving would be to dig out and replace the street from curb to curb in this section, the cost to be borne by the individual or individuals requiring services. In this way the people purchasing the townhouse will have a street that will attain the expected normal life- time and complete individual services which the City can install and maintain in proper fashion. This will also let them obtain their individualism that they are expecting and paying for in buying or building townhouses. The City Engineer advised the Commission that if three sewer services and three water services were installed it would cost approximately three times as much as the original paving. ..~ ,I I". j i...~" -< - 1\" I 4 J-+ The Mayor declared the hearing closed and a decision will be made on Wednesday, February 21, 1979. Proposed Ordinance - re Parking Commission cash in lieu of parking space requirements Ordinance No. 1020 creating an alternate method of obtaining variances for cash in lieu of Parking Space requirements as prepared by the City Attorney was presented, entitled: Ordinance No. 1020 I AN ORDINANCE OF THE CITY OF BOZEMAN CREATING AN ALTERNATE METHOD OF OBTAINING VARIANCES FOR CASH IN LIEU OF PARKING SPACE REQUIREMENTS. Rod Marshall of the Parking Commission was present to answer any questions that might arise. The Parking Commission has been trying since last December to get the ordinance formalized and urged the City Commission to approve it. The City Attorney asked that he be given another week to investigate the background of the special improvement district created for downtown parking before passing the ordinance. The City Attorney had met with the City Engineer and Rod Marshall and several questions came up about the subject matter. The City Attorney advised the Commission that when the Ordinance is passed it will take thirty days before it goes into effect. A letter from the Parking Commission requesting the Bozeman City Commission to establish a fee of $l,200.00 as required in Section 1 of the proposed "ordinance creating an alternate method of obtaining variances for cash in lieu of parking space requirements" was also present- ed. The ordinance allows the Parking Commission to take cash from a downtown developer or businessman in the event the business does not get a variance from the Board of Adjustment and cannot expand without additional parking. If the business qualifies for a parking variance, it will not have to pay the cash-in-lieu. Mr. Marshall explained that the $l,200.00 was recommended because the Parking Commission determined additional parking will cost approximately $7.50 per square foot for a 10 by 20 foot lot. The City Manager said it should be noted that the $1,200.00 fee is not included in the ordinance. All funds received under the provisions of the ordinance shall be deposited in an interest bearing account and unless otherwise directed by the City Commission shall be used for the acquisition of additional parking stalls and for the renovation and resurfacing of I same. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the ordinances with the corrections. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Ordinance No. 1019 - Amending Chapter 18.72 - City's Zone Code - Conditional Use Section Ordinance No. 1019 amending 18.72 of the Bozeman Municipal Code relating to the Con- ditional Use Requirements as prepared by the City Attorney was presented. ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING CHAPTER 18.72 OF THE BOZEMAN MUNICIPAL CODE RELATING TO THE CONDITIONAL USE REQUIREMENTS. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordin- ance No. 1019 amending Chapter 18.72 of the Bozeman Municipal Code, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I Designation of Architect for construction of Library The City Manager advised the Commission that even though he was reluctant to do so, he felt the City must begin with the building of the new library. He further stated the new library must be staffed with a skelton crew. The next step would be the designation of a site. Following an extensive discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve building of the new library, and that .- h ;' r ~~Q it be staffed with a skelton crew and there be no budget increase. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. I The Library Board and the City Commission interviewed several architectural firms and ultimately recommended a firm for designing the new library. The decision on selecting the architect for the construction of the new Library was postponed for a period of one week for the purpose of negotiating a fee with the recommended architect. The City Manager advised the Commission that he had discussed the matter with the firm of Mattson, Prugh and Lenon and had received a revised bid from them. The City Manager suggested that the Commission accept the recommendation of the Library Board and that a contract for their services be drawn up by the City staff, including the City Attorney. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission designate Mattson, Prugh and Lenon as the architects for the construction of the new library in accordance with their revised bid. The motion was carried by the following Aye and No votes, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, those voting No being Mayor Sedivy as a challenge for the architects to do an outstanding job. He said he wished they had more experience and he wanted to be proven wrong. John Parker of the Library Board thanked the Commission for their vote, and suggested that a public meeting be held for the purpose of discussing a site for the new library. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that a public hearing be held on the evening of February 27, 1979, for the purpose of designating a site for the new library building. Request to authorize additional, broader coverage for Police Liability Ins. I In checking the City's liability coverage, one,deficiency appeared in the acts of Police Officers--intentional or unintentional--which might invite liability to the City in cases of assault, battery, wrongful death, and violation of civil rights. Coverage for this exposure is available through Lloyd's of London. The total annual premium would amount to $4,663.44. This would be for a $500 deductible policy. The City Manager requested authorization to underwrite this insurance coverage in the amount of $4,663.44 for the first year. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion authorize the staff to secure coverage under ,the provisions of the Law Enforcement Officers Professional Liability Insurance Coverage as set forth in the Hansen and Rowland policy. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Detective Larry Conners - Presentation on department's crime prevention program Detective Larry Conners appeared before the Commission to expound on various programs that the Police Department would like to initiate. The programs are oriented around individ- uals, firms, and businesses, and how they can act to prevent crimes. The Mayor thanked Mr. Conners for his presentation. Application for Beer License - Os co Drug #938 - (Off-premises) I The City Manager presented an application from Osco Drug #938, along with the re- quired fee, for an off-the-premisesbeer license for the year 1979. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the above application as presented. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab and Mayor Sedivy, those voting No, none. .1 Lf G Raffle License Application - (a) (b) MSU Indian Club - May 2, 1979 Bridger Nordic Ski Club - Feb. 24 The City Manager presented an application from the MSU Indian Club, along with the appro- priate fee for the purpose of holding a raffle on May 2, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license for MSU Indian Club. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. The City Manager presented an application from Bridger Nordic Ski Club, along with the appropriate fee for the purpose of holding a raffle on February 24, 1979. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve the application for Bridger Nordic Ski Club. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Building Inspector - Annual report Police Court - January The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye beingCommissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Claims The general claims for the month of February were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Adjournment There being no further business at this time, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ATTEST: ~ c;....~ ,L~' ',.,', ~'-'/~ C('.~r1UND // CITY COMMISSION I I I