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HomeMy WebLinkAbout1987-02-09 DB'!} MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 9, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 9,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull (after 2:25 p,m.), I Acting City Manager Gamradt, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Jordan requested that the request for permission to conduct a public rally along various City streets on Friday, February 20, be removed from the Consent Items for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of February 2, 1987, as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Reaffirmation of Di rector of Finance Camradt as Acting City Manager to Wednesday, February 11, 1987 Mayor Mathre reminded the Commission that Director of Finance Gamradt had been designated as the Acting City Manager through Friday, February 6, 1987. She then noted that City Manager Wysocki has gone out of town due to his mother's death and will be back on Wednesday, February 11. She then suggested that the Commission reaffirm the Acting City Manager designation for Mr. Gamradt to Wednesday. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission reaffirm the designation of Director of Finance Gamradt as Acting City Manager to Wednesday, February 11, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No, none. Decision - Commission Resolution No. 2644 - intent to annex Saccoccia parcel (north 40 acres) - Tract A of COS No. 1215 located in the NW! of Section 1, T2S, RSE, MPM (southeast corner of intersection of Baxter Lane and North 19th Avenue extended) This was the time and place set for the decision on Commission Resolution No. 2644, entitled: COMMISSION RESOLUTION NO. 2644 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Acting City Manager Gamradt reminded the Commission that the public hearing on this Resolution, stating the City's intent to annex a 40-acre tract of land generally located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue extended, was held at last week's meeting. He then recommended that the Commission authorize and direct the staff I to proceed with the Annexation Agreement. He noted that process usually takes an extended period of time, after which the Commission must authorize the City Manager to sign that docu- ment as well as adopt the Resolution which would actually annex the property. The Acting City Manager reminded the Commission that the Master Plan Amendment request will be considered during the March meeting of the City-County Planning Board, after which the Commission will take action. He stated that to continue with the annexation process will allow both items to be considered concurrently; however, final action on the annexation should be deferred unti I after 02-09-87 J85 the Master Plan Amendment process has been completed. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission authorize and direct the staff to proceed with the Annexation Agreement for the subject 40-acre tract of land, located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue extended, with final action on the annexation contingent upon completion of the Master Plan Amendment process. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Re uest from Library Board of Trustees - authorize use of unanticipated County revenues in current operations u get Acting City Manager Gamradt stated that the Library Board of Trustees has submitted a request for authorization to use unanticipated County revenues in their current budget for purchase of books. Mrs. Beverly Knapp, Chairman of the Library Board of Trustees, presented to the Commis- sion a memo concerning the request. She noted that the budget for this year shows an antici- pated County contribution of $30,000 rather than $35,000 as it had in previous years, with the City covering the $5,000 difference from its General Fund; however, the City actually received $43,300. Mrs. Knapp then stated that the request to the Commission is that $5,000 of the unanticipated revenues be placed in the City's General Fund to cover the anticipated shortfall in County funding and that $8,300 be placed in the book budget for purchase of children's materials and reference books. The Acting City Manager stated that the staff recognizes the Library Board's efforts to obtain additional funding and has no objection to the request as submitted. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize the Mayor to sign a Budget Amendment as per the request by the Library Board of Trustees to use $8,300 in unanticipated County revenues for the purchase of children's materials I and reference books in the current operations budget, with the remaining $5,000 to be placed in the City's General Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Staff report - status of requests for stop signs along West Koch Street Acting City Manager Gamradt noted that installation of stop signs along West Koch Street has been discussed before the City Commission as well as the Pedestrian/Traffic Safety Committee on several occasions. He stated that copies of the Pedestrian/Traffic Safety Committee's recommendations and minutes, as well as a memo from the Di rector of Public Service dated April 27, 1984 and a copy of the minutes from the subsequent Commission meeting, have been included in the Commissioners' packets for review. He then noted that also included in the packets was a memo from Director of Public Service Dick Holmes providing a summary of past actions, noting that the Committee has recommended that West Koch Street be designated a through street, but only after sidewalks have been installed west of South 15th Avenue. The memo further reminds the Commission that sidewalks along West Koch Street are a part of the sidewalk installation program that is to be completed this summer. Commissioner Jordan noted that the records indicate there are not sufficient accidents to warrant stop signs along West Koch Street; however, review of traffic patterns reveals that local residents travel that street as though it had already been designated a through street. He expressed concern that someone not familiar with the community may anticipate having the I right-of-way while traveling a north/south street, which would be in conflict with the way residents use the street. Commissioner Martel stated that public use determines the status of a street. He indicated he does not feel that a through street designation needs to wait for installation of sidewalks. He also noted that arterial streets facilitate traffic flow; and an east/west arterial is needed in the subject area. Mayor Mathre noted that the Pedestrian/Traffic Safety Committee feels that the installa- tion of sidewal ks along the street is an important factor. She then indicated that sidewalks will 02-09-87 G8G provide a safer place for people to mOVE; along a through street, upon which traffic generally travels faster. The Mayor stated interest in having the staff as well as members of the Pedestrian/Traffic Safety Committee present to discuss the reasons for their recommendations. Acting City Manager Gamradt reminded the Commission that the minutes of the April 30, 1984 meeting reveal a concern. about the increased possibility of accidents involving pedestrians if West Koch Street is designated a through street before sidewalks are installed; and the minutes from the Pedestrian/Traffic Safety Committee reiterate that concern. I Mayor Mathre noted it is not unusual to receive requests for installation of stop signs; however, the City must have a valid reason to install any stop sign. Commissioner Stiff stated he does not want to take any action until the staff has had an opportunity to address the Commission. He then indicated he does not have adequate justification at the present time to vote for any immediate change along West Koch Street. Mayor Mathre requested that this item be placed on next week's agenda for additional discussion, with staff members being present to respond to questions. Discussion - possible adoption of an ordinance re exotic animals Acting City Manager Camradt stated that copies of a model ordinance regarding exotic pets were included in the Commissioners' packets. Mayor Mathre asked the Animal Control Officer to submit any additional information or comments to the Commission. Animal Control Officer Connie Lien stated the City has encountered problems with exotic pets on Iy once.. She noted that a 15-foot boa constrictor, weighing about 200 pounds, was kept within the City limits until it died. She stated the owner would leave the snake in the front yard, unsupervised, while she cleaned the cage; and the snake could have ki lied a child. The Animal Control Officer noted that exotic pets can create a public safety problem, Indicating support for having an ordinance to address that issue before a real problem arises. (Commissioner Vant Hull arrived at 2:25 p.m.) Mayor Mathre noted that a gentleman in the area apparently has a pet bear, which he I sometimes carries in the back of his truck. The Animal Control Officer stated that a gentleman located outside City limits does have a pet bear that he takes in parades. Commissioner Jordan asked if tarantulas would be included in the ordinance. He also asked if pit bulls should be addressed in this type of ordinance. Animal Control Officer Lien stated that the definition of exotic pets would address whether tarantulas were included. She then indicated that as long as the State Statutes and City ordinances prohibit dog fighting, she sees no problem with pit bulls. She then noted the purpose of the ordinance would be to address dangerous exotic animals and to ensure public safety. Mayor Mathre reminded the Commission that the question is whether they wish to direct the staff to prepare an ordinance addressing exotic pets, It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize and direct the City Attorney to prepare an ordinance concerning exotic pets, to be brought back to the Commission for consideration as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Mid-year bud et review; within I Acting City Manager Camradt presented to the Commission a memo providing a summary of the revenues and expenditures at mid-year. He noted that, overall, the revenues appear to be accurate, with some revenues being slightly up while others are slightly down. The Acting City Manager then addressed the expenditure portion of the budget review, noting that a budget amendment listing several items has been included. He noted that the budget included only monies to cover the two semi-annual payments for SID No. 647, Highland Boulevard; however, in November the Commission reaffirmed its decision to pay the City's portion of those costs through a loan from the Cemetery Perpetual Care Fund. He noted that a 02-09-87 J87 transfer from the Undesignated Reserve to the General Fund in the amount of $202,445 is necessary to cover the additional costs of that payoff. The Acting City Manager then stated that a second transfer from the Undesignated Reserve to the General Fund, in the amount of $5,000, is also being requested under this budget amendment. He noted that the monies would be used for contracted computer programming services under the Finance Department budget. He reminded the Commission that the Management I Letter for this year's audit recommended that either additional programming personnel be hired or that support be contracted; and this item addresses that recommendation. Acting City Manager Gamradt stated that ten more transfers are recommended, noting that those transfers are generally within the same budget units but between categories. He also suggested that the additional appropriation for the Library which was approved in a previous agenda item should be included in this budget amendment to complete that process. The Commission thanked Acting City Manager Gamradt for the mid-year budget review. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Budget Amendment to transfer $207,445 from Undesignated Reserve - to specified budget units; to transfer $68,269 within the budget units as detailed in the mid-year budget review; and to appropriate $8,300 in unanticipated County revenues to the Library budget unit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Continued discussion - request from Battered Women's Network re negotiation of condition in warranty deed that requires that property remain on tax rolls Acting City Manager Gamradt stated that the Commission had requested this item be placed on the agenda. Mayor Mathre noted she has previously indicated that she will not vote on this item since she serves on the advisory board for the Battered Women's Network. She then asked if serving I on that board also precludes her presiding over this agenda item, City Attorney Bruce Becker stated that under the provisions of the State Statute, the Mayor may preside, noting that she has made a public disclosure of her association with the Network. The Acting City Manager then submitted to the Commission a memo from City Attorney Becker indicating that the Battered Women's Network may submit an application for tax exempt status; and the Department of Revenue will consider only statutory mandates when reviewing that application. The memo indicates that if the City wishes to enforce the provisions contained In the warranty deed, it must take legal action to prohibit them from seeking tax relief or rescind the contract due to violation of the terms. The City Attorney further suggested that the City may wish to enter into an agreement waiving the right to enforce the provisions in exchange for a payment-in-lieu of taxes to reimburse the City for the cost of services. Mayor Mathre noted that the item to be addressed at this time is whether the City wishes to negotiate with the Battered Women's Network for a payment-in-Iieu of taxes, since they have the ability to apply for tax exempt status without Commission approval. Commissioner Vant Hull asked if Ms. Bock has submitted a copy of the tax breakdown which was requested at last week's meeting. Ms. Phyllis Bock, Battered Women's Network, stated she had submitted a copy of the tax notice to Acting City Manager Gamradt. She noted that the City portion of the taxes was $258. Ms. Bock then addressed one of Commissioner Martel's questions from last week, noting that the warranty deed was signed on November 3, 1986. She noted that at the time the reappraisal I notices were distributed, the City still owned the house; and she did not feel the Network could submit an appeal. Commissioner Stiff stated concern about changing the provisions in a warranty deed which has just been completed. The Commissioner stated he does not feel this Commission has the justification for changing a conscious decision made by a previous Commission. He a I so expressed concern about agreeing to give away school district and County taxes. Commissioner Vant Hull stated she voted for the warranty deed with the subject condition because the City Attorney had indicated that the item could be negotiated. The Commissioner 02-09-87 088 then drew a parallel between tax exempt status for the subject parcel and a tax increment financing district, which also takes tax monies from the County and the school district. Commissioner Stiff indicated that he does not wish to establish a precedent through negotiating of the condition contained in the warranty deed. Commissioner Jordan asked how many properties would fit the same set of circumstances as the Battered Women's Network. Acting City Manager Gamradt stated that Reach, Inc., would fit. He reminded the I Commission that both properties were purchased through Community Development Block Grant monies in 1981; and both entities have met the requirements established for transfer of the properties from the City to them. Commissioner Vant Hull stated that she feels successful negotiation of a payment-in-lieu of taxes for City services would be the first step toward having other nonprofit organizations pay the same type of fees, thus increasing revenues. Commissioner Jordan noted that the Battered Women's Network is providing a service that would otherwise need to be provided through the City or the County. He then stated support for negotiation of a payment-in-lieu, noting that he cannot see the City suing the Network. Ms. Bock indicated that the Network was not involved in writing of the warranty deed, but it was based on the conditions contained in the original lease agreement between the City and the Network. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the City indicate its willingness to negotiate with the Battered Women's Network to allow a payment-In- lieu of taxes for City services. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Jordan and Commissioner Vant Hull; those voting No being Commissioner Stiff and Commissioner Martel. Mayor Mathre abstained. Ordinance No. 1228 - Salary Ordinance for City Manager for Calendar Year 1987 Acting City Manager Gamradt presented Ordinance No. 1228, as reviewed by the City Attorney, entitled: I ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN AS REQU I RED BY LAW. Acting City Manager Gamradt stated the salary contained in this ordinance is the same as last year's. He noted this is in line with Commission action taken for all other City employees, The Acting City Manager then recommended that the Commission provisionally adopt the ordinance at this time and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1228, establishing the salary for the City Manager for Calendar Year 1987, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Request - permission to conduct public rally re current economic problems at Montana State University, including walk along Main Street, South Willson Avenue and West Garfield street to campus - Friday, t-ebruary 20,1987,10:30 a.m. Acting City Manager Gamradt stated that Commissioner Jordan had requested this item be removed from the Consent I tems for discuss ion. Commissioner Jordan stated that he has no specific questions about this public rally in particular, but about the general procedure followed. He suggested that the City may wish to I consider billing for costs if it incurs additional costs to provide adequate security for the event. The Acting City Manager stated that on-duty patrolmen handle this type of event if possible; otherwise, off-duty officers are called in to escort the parade or activity. Commissioner Jordan stated he feels it would be in the City's best interests to review the existing procedure and possibly establish a procedure that would allow for billing of actual costs if necessary. 02-09-87 089 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion approve the request for permission to conduct a public rally concerning the current economic problems at Montana State University, including a walk along Main Street, South Willson Avenue and West Garfield Street to the campus on Friday, February 20, 1987, beginning at 10: 30 a. m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor I Mathre; those voting No, none. Discussion - FY I items Acting City Manager Gamradt presented to the Commission the following "For Your Informa- tion" items. (1) A reminder of the upcoming holidays, which include Lincoln's Birthday on Thursday and Washington's Birthday on Monday. (2) A memo from Mayor Mathre concerning budgetary constraints to be considered during the FY1988 budget considerations, Commissioner Stiff stated he feels a work session should be held to discuss some of the items contained within the memo, (3) Commissioner Stiff noted he had received an invitation from McDonald's for Big Sky Kids next Tuesday. He indicated that he does not plan to attend and asked if the Commission wi II be represented. Mayor Mathre indicated that she will be attending. (4) Commissioner Stiff stated that a copy of a letter from the Recreation Superintendent to the American Legion Baseball was contained in the Commissioners' mailboxes this past week. He expressed concern that the letter indicates that the baseball field at the Recreation Complex will no longer be available to the American Legion because they have not met the obligations of previous agreements, noting that the American Legion has indicated a willingness to pay what they owe. I The Commissioner then requested that this item be placed on next week's agenda for dis- cussion, noting that representatives of the American Legion will be present. (5) Mayor Mathre indicated that she had received several items in her mailbox during the past week which she will place on the flies for Commissioner review. (6) The Mayor reminded the Commissioners that the Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday, February 11, at the GranTree Inn. Consent Items Acting City Manager Gamradt presented to the Commission the following "Consent Items ," Building I nspection Division report for January 1987 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Consent Items as listed, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Adjournment - 3: 15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission 02-09-87