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HomeMy WebLinkAbout1986-08-18 3G5 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 18; 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 18, 1986, at 2:00 p.m. Present were Mayor Mathre; Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of August 11, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - wheel loader backhoe (Water Department) This was the time and place set for the opening of the bids on the wheel loader backhoe for the Water Department. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the wheel loader backhoe be opened and read. 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. The following bids were then opened and read aloud. Total Bid I Dorn Equipment Co., Inc. Bozeman, Montana $34,785.00 Gallatin Equipment Co. Belgrade, Montana $33,760.20 Western Equipment Company Billings, Montana $29,715.00 Modern Machinery Billings, Montana $29,899.00 Tractor & Equipment Co. Billings, Montana $35,325.00 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids for the wheel loader backhoe be referred to staff for review and a recommendation to be sub- mitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commis- sioner Stiff and Mayor Mathre; those voting No, none. Open bids - emergency generator building (Water Treatment Plant) This was the time and place set for the opening of the bids for the construction of a building at the Water Treatment Plant and the installation of an emergency generator. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids I for the emergency generator building be opened and read. 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. The following bids were then opened and read aloud. Schedule I Schedule II Total Bid Kearns Construction, I nc. Bozeman, Montana License No. 2299B $10,342.00 $ 5,015.00 $15,357.00 08-18-86 36G Schedule I Schedule II Total Bid Ronald W. Rice Construction Management, I nc. Bozeman, Montana License No. 6396A $10,000.00 $ 4,435.00 $14,435.00 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bids for the emergency generator building be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. authorizin placement of arkland exchan e in Graf's Fourth City Manager Wysocki presented Commission Resolution No. 2619, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2619 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE TRADE OF A PORTION OF THE PARK KNOWN AS EAST GRAF PARK FOR PARK LAND KNOWN AS A PORTION OF THE SOURDOUGH TRAIL AND PLACING THE TRADE ON THE BALLOT FOR APPROVAL BY THE ELECTORS OF THE CITY OF BOZEMAN. The City Manager stated that following the August 4 Commission meeting, he indicated to Mr. Graf that he should submit the best possible proposal for Commission consideration. He noted that Mr. Graf has submitted a proposal, requesting that he be given credit for sl ightly more than two acres toward future parkland dedications. The City Manager then indicated the Resolution before the Commission at this time does not reflect any credit for the difference in acreage. Mayor Mathre noted that at last week's meeting, the Commission indicated support for the Resolution as written but deferred action until Mr. Graf could address whether he would accept I the land trade if the Resolution is placed on the ballot and approved. Mr. Gene Graf stated his proposal, requesting credit for 2.0689 acres. has been submitted in a letter; and he still supports that proposal. The Mayor asked if the Commission will create problems for itself if the Resolution is adopted, the voters approve the land trade, and Mr. Graf does not support the trade. The City Manager suggested that if the Resolution is adopted, the motion could also contain the provision that Mr. Graf must also accept the terms of the Resolution prior to placing the issue on the ballot. Commissioner Vant Hull indicated support for the Resolution, noting that the developer will receive slightly more than two acres of valuable ground currently in Graf Park, in exchange for slightly more than four acres which would probably carry about the same appraised value. The Commissioner further noted that the City has no guarantee that this item will receive voter approval if it is placed on the ballot; and the proposal should be as enticing as possible to ensure that approval. Commissioner Martel expressed reservation about the Resolution as written, noting that he does not feel the Commission should adopt it since Mr. Graf has indicated he does not support it. It was moved by Commissioner Stiff, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2619, authorizing placement of a parkland exchange in Graf's Fourth Addition on the ballot, contingent upon Mr. Graf1s agreement to the Resolution as written prior to placement on the ballot. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Stiff, Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. to City Manager Wysocki presented to the Commission a memo from Planning Director Steve Lere concerning this matter. 08-18-86 367 The Planning Director stated that it was brought to the attention of the Recreation Advisory Board and the City-County Planning Board that a seven-foot-high fence has been installed along approximately 700 feet of the Milwaukee Railroad right-of-way, noting that fence was in- stalled by the fireworks warehouse and plastic plant for security and to address liability problems. The Planning Director then noted that the two Boards have expressed concern that if this matter is not addressed immediately, the City may encounter a linear park, 15 feet wide in some places, bordered by high fences; and they do not wish the linear park to become a tunnel I between fences. Planning Director Lere then stated that Section 76-2-306, M.C.A., provides a mechanism for establishing interim zoning, along with the procedure to be followed in establishing that zoning; and the City-County Planning Board has recommended that the Commission follow those steps, requiring that all development along the Milwaukee Railroad right-of-way go through the Conditional Use Permit process and review until permanent zoning regulations can be imple- mented. He noted that the zoning requirements will protect the linear park as well as the adjacent property owners. The Planning Director then stated that the Planning Board also recommended that the interim zoning be extended to include the Sourdough Trail within the Westridge Meadows ana through Gardiner Park, noting that the City may implement interim zoning within one mile of the city limits. Commissioner Vant Hull asked if the new zoning regulations would be expanded to include all City parks. The Planning Director indicated that possibility has not been reviewed; and he is not aware of how that might affect neighboring residential areas. Commissioner Vant Hull then asked for timelines on the interim zoning as well as the new zoning regulations. Planning Director Lere suggested that the public hearing for the interim zoning be held on Tuesday, September 2, after which the zoning would be adopted. He noted that the Statutes provide six months to enact permanent zoning regulations; and he hopes to have that process completed in three months. Commissioner Martel noted that all of the adjacent property owners were given the oppor- I tunity to purchase a portion of the right-Of-way; and he expressed opposition to requiring a conditional use review for any improvements, fencing or planting of hedges in the new portion of their back yards. Commissioner Jordan asked if the proposed zoning regulations would be similar to the 35-foot streambank setback; and the Planning Director indicated it would be. He noted that one possibility would be to require lower fences immediately along the property line, with increaSingly higher fences the further back the fence is placed from the property line. Commissioner Jordan then indicated he is not interested in considering this type of zoning regulation, noting that the City already has ordinances on the construction of fences. The Planning Director indicated the City does have regulations on fencing, which allow an eight-foot fence along the property line in residential zones. Mayor Mathre noted the memo indicates that the Planning Board has suggested the possi- bility of overlay zoning and asked if any other communities have this type of zoning. The Planning Director indicated he has not checked to see if other communities have overlay zoning for linear parks, noting he is aware of communities with overlay zoning for other items, such as view preservation. Commissioner Vant Hull expressed support for implementing zoning regulations as soon as possible to avoid a corridor effect along the linear park. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission set the public hearing date for emergency zoning provisions along the Milwaukee Rail- road right-of-way for September 2, 1986. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel and Commissioner Jordan. Discussion - request for City to be sponsoring agency for grant from the Montana Arts Council for the Snowbird Chapter of the Sweet Adelines City Manager Wysocki presented to the Commission a letter from the Snowbird Chapter of the Sweet Adelines requesting that the City be the sponsoring agency for a grant application to the Montana Arts Council. The City Manager reminded the Commission that they approved a 08-18-86 --~----- 368 similar request from the Loft Community Theatre at last week's meeting. Ms. Darlyne Haynes, representative of the Snowbirds, noted that the application must be sponsored by a governing unit; and they are requesting that the City of Bozeman be that govern- ing unit. Commissioner Stiff asked about the connection between the Sweet Adelines and the Eagle Mount program, as referred to in the letter. He also asked how much money would be requested in the application and how those monies would be utilized. I Ms. Haynes stated that the Sweet Adelines has indicated an interest in providing finan- cial assistance for the Eagle Mount program, with a portion of the proceeds from their various activities. She then indicated that the amount to be requested has not been established, noting the minimum amount of a grant is $1,000. She stated that the use of those funds has not been determined, either, but operating expenses as well as solicitation for new members will be in- cluded. Ms. Haynes noted that a chapter must have 20 members to be chartered; and they currently have 23 members and dwindling. She then indicated that the Montana Arts Council is interested in supporting American-type art, and barbershop music fits into that category. Commissioner Jordan asked if the City would serve as a passthrough for the monies, keeping accounting records of the expenditures. The City Manager indicated that it would; and that work should not place a strain on the existing staff. Commissioner Vant Hull asked about the guidelines for the program and the possibility of one governing unit sponsoring two grant applications. She expressed concern that sponsorship of two applications could create problems and possible disqualification for one or both of those appl ications. Commissioner Martel asked how the grant program works, indicating an interest in having additional information before making a decision. Mayor Mathre reminded the Commission that it is acting in a fiduciary capacity, as well as accepting responsibility for the accounting functions; and it is not in the Commission's pur- view to pass judgment on the applications. The Commissioners indicated a desire to review the guidelines for the program prior to I making a decision. Ms. Haynes stated she will contact other members of the Snowbirds to see if they have a copy of those guidelines available. Mayor Mathre requested that this item be placed on next week's agenda for action. Discussion Montana Lea ue of Cities and Towns Convention to e held In City Manager Wysocki noted that the Commission must determine who plans to attend the League Convention, so that the Clerk of the Commission can make the necessary arrangements. All of the Commissioners indicated their intentions to attend the Convention, stating which nights they plan to stay in Butte. Ordinance No. 1215 - Salary Ordinance for FY 1986-87 City Manager Wysocki presented Ordinance No. 1215, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commissioners that this Ordinance, which contains the same salaries and bonds as last year's Salary Ordinance, was provisionally adopted on July 28, I 1986. He then recommended that the Commission finally adopt Ordinance No. 1215 at this time. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1215, the Salary Ordinance for FY 1986-87. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Authorize City Manager to sign - CDBG Contract Amendment City Manager Wysocki presented to the Commission a Community Development Block Grant 08-18-86 - ----------- 3G9 Contract Amendment for the current neighborhood revitalization program. He noted this amendment extends the contract time to October 31, 1986, per the City's request. He then recommended that the Commission authorize him to sign the amendment. Commissioner Vant Hull asked for an update on the status of the CDBG program; and the City Manager indicated he will submit a report under "FYI Items" at next week's meeting. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I authorize and direct the City Manager to sign the Community Development Block Grant Contract Amendment for the neighborhood revitalization program. 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. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Martin A. and Mary T. Hamilton concerning the local cable television company. Mayor Mathre indicated that she does not feel the City addresses the type of concerns stated in the letter. She then suggested that the City Attorney review the matter prior to any action or response to the letter. (2) A letter of thanks from Laurie Schultz for the City's support in the "Taste of Bozeman. " (3) Commissioner Martel indicated that he plans to be absent from either the meeting of August 25 or the meeting of September 2. (4) Commissioner Jordan indicated he will not be present at the September 2 meeting. (5) Commissioner Vant Hull stated that Friday, she went to the Legislative Committee meeting for the MLCT held in Helena, along with Director of Finance Gamradt and Administrative Intern Tom MacAulay. She then asked the Commissioners if they would like a verbal or a written I report on that meeting; and they indicated they would prefer a written report. (6 ) Mayor Mathre indicated she has received a couple brochures, which she will put next to the mailboxes for Commissioner review. Recess - 3:25 p.m. Mayor Mathre declared a recess at 3:25 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. , as , This was the time and place set for the public hearing on the Zone Code Amendment requested by the City-County Planning Staff to amend various sections of Chapter 18 of the Bozeman Municipal Code to allow specific types of public utility facilities as permitted or conditional uses in the AS, RS, R-l, R-3, R-O, B-1, B-2, B-3, M-l, TR, PLI and R-MH Zoning Districts. City Manager Wysocki noted that the Zoning Commission continued the public hearing on this Zone Code Amendment. He then recommended that the Commission open and continue the I public hearing until such time as the Zoning Commission submits its recommendation. Mayor Mathre opened and continued the public hearing until such time as a recommendation is submitted by the Zoning Commission. Public hearin located In the This was the time and place set for the public hearing on the Zone Map Change requested by the Evangelical Church to change the present zoning of AS, Agricultural Suburban, to R-l, 08-18-86 3-'0 Residential--single-family, low-density, district on a 5. 0381-acre tract located in the southeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is more commonly known as being located on the west side of South 19th Avenue along the 1600 block, at the corner of South 19th Avenue and West Lincoln Street extended. City Manager Wysocki submitted to the Commission a letter from Mark A. Bryan, attorney representing the Evangelical Church, requesting withdrawal of the Zone Map Change request. The City Manager reminded the Commission that they recently adopted a revised annexation policy I which stipulates that water rights or payments-in-Iieu for churches will be based in the density of an R-l zoning district. He further noted that the Evangelical Church has previously re- quested annexation and rezoning to R-4, Residential--medium-density--apartments, district on the subject parcel, and now intends to pursue the R-4 zoning designation. The City Manager then recommended that the Commission acknowledge receipt of the letter of withdrawal. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the letter of withdrawal submitted by Mark A. Bryan on behalf of the Evangelical Church. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Public hearing - Tentative Appropriation Ordinance for FY 1986-87 This was the time and place set for the public hearing on the Tentative Appropriation Ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1987. Mayor Mathre opened the public hearing. I City Manager Wysocki noted that the Commission has received two letters from the Library Board of Trustees, one indicating scheduling conflicts with this meeting and one requesting salary increases for specified employees. He then submitted a brief review of his recommenda- tions to the Commission. He reminded the Commissioners that the wage levels for Fiscal Year 1986-87 are the same as they were for Fiscal Year 1985-86, allowing for increases due to promo- tions and longevity increases. He further noted that the total personnel level is 6.0 full-time equivalents lower than last year. The City Manager further noted that the amount of Revenue Sharing monies used to supplement the police salaries has been reduced to $75,000, with antici- pate.d elimination of those monies in next year's budget. He then reminded the Commission that the All-Purpose General Fund budget is $3,815,037, which is 3.398 percent lower than last year1s amended budget; and the tota I budget is $8,443,018. City Manager Wysocki then noted that the mill levy has increased from 111.83 mills last year to an estimated 131.41 mills this year. He stated that the 6.45 voter-approved mi II levy for the fire truck and the additional 14.55 mills necessary to generate adequate revenues for the SID Revolving Fund to cover delinquent Valley Unit Corporation assessments constitute the increase in the mill levy. Mr. Marvin Christie, long-time resident of the community, noted that although the budget document is available for review at the Library, it cannot be checked out to allow for adequate public review. He then stated opposition to the constant increases in the budget, noting that the taxpayers cannot afford those increases. Mr. Christie also requested that the budget not be adopted until the public has had an opportunity to study it. I The City Manager indicated that the process fol1owed in placing budget documents at the Library is the same as in years past. He noted that the. ~acess could be reviewed and changed if necessary. Mr. William Davis, President of the- Bozeman Property Owners' Association, stated he wrote a letter to the editor encouraging residents to review the budget document. He then noted it is difficult for pcufJle tu properly review the bUdget while sitting at the Library, and suggested that indWith.lal. be. aUowed to check out one of the copies for a 24-hour period. Mr. 08-18-86 371 Davis then noted the County has not yet established the value of a mill; therefore, the City cannot adopt its budget yet. He urged the Commission to not adopt the budget until the County has set the mill value and the residents have had more opportunity to review the budget. Mrs. Karen Bouse noted that wages have been frozen and jobs lost during the past year; and the City is proposing a tax increase to cover Valley Unit delinquencies. She then indicated opposition, noting that the taxpayers cannot afford those increases. I Mrs. Edna Berg, Library Board of Trustees, indicated that the Board is concerned about the turn-over in the library staff, particularly in the highly qualified individuals who have been attracted to the area. She noted that the Board has recommended increases for specified well-qualified people to bring their salaries more in line with those of comparable experience and qualifications elsewhere. She reviewed those recommendations, noting that this does not con- stitute an across-the-board increase, but a slight increase in specified positions to keep the well-qualified people who now fill those positions, with a total cost of approximately $7,000. Mr. Jim Stephens, taxpayer, indicated concern about the increases in taxes, particularly because of the Valley Unit SID's. He expressed appreciation for the reductions which have been made in the budget, noting that he wishes additional reductions could be made. Mr. Marvin Christie stated opposition to paying taxes to support payments on an SI D because the owner has not paid them. He indicated he feels that the use of SI Dls should be more closely reviewed. Mr. William Davis asked if the mill levy for the SID Revolving Fund will provide a base in that fund. He also asked if the fund was at the 5 percent maximum, which would have been around $450,000, before Valley Unit went delinquent. The City Manager indicated that when an SI D is approved, 5 percent of the cost is paid into the SID Revolving Fund up front. He also indicated that the Revolving Fund has not been 5 percent of the outstanding bonds for several years; and payment of delinquent assessments has now depleted that account totally. The City Manager then indicated that, although it was a difficult recommendation to make, he feels it is in the City's best interests to secure its I financial position through this additional mill levy. Mayor Mathre noted the Commission has received requests to continue the public hearing and asked for Commission response. The Commissioners concurred they would have no problem with continuing the public hearing for two weeks to allow the public an opportunity to review the budget documents. Commissioner Vant Hull indicated she has received two letters from Mr. Jim Sanks and one letter from Mr. Morris Jaffe, both members of the Board of Adjustment, requesting a word processing unit for the Building Inspection Division. The City Manager stated those letters could be entered into the record under this public hearing; however, that item will be con- sidered under the Capital Improvement Program. Mayor Mathre continued the publ ic hearing to September 2, 1986, to allow the residents additional time to review the budget documents. Adjournment - 8:00 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, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I JUDITH A. MA THRE, Mayor ATTEST: Clerk of the Commission . 08-18-86