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HomeMy WebLinkAbout1985-09-16 368 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 16, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 16, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of September 9, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Wysocki requested that the claims be removed from the Consent Items for discussion. Award bid - Water System Improvements, Group IV, Schedules 1 and 2 This was the time and place set to award the bid for the Water System Improvements, Group IV, Schedules 1 and 2. City Manager Wysocki stated the staff has not yet submitted a recommendation for award of the bid and recommended that the Commission table action until a recommendation is received. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the award of the bid for the Water System Improvements, Group IV, Schedules 1 and 2, be tabled unti I a staff recommendation is received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Appointments to Historic Preservation Advisory Commission City Manager Wysocki stated the Commission had deferred action on this item for a period of one week at last week's meeting. I The Commission proceeded to appoint the nine members to the Historic Preservation Advisory Commission on separate votes. as follows: It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that Don J. McLaughlin, Jr., 322 South 7th Avenue, be appointed as the Cooper Park area representative. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that Ronald W. Rice, 317 North Bozeman Avenue. be appointed as the Beall Park area representative. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that Joan M. Kelley, 426 North Grand Avenue, be appointed as the Main Street area representative. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that Patricia Ecton, 725 South Willson Avenue, be appointed as the South Wi IIson Historic District area representative. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voti ng No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that Noreen S. Alldredge, 1615 South Black Avenue #92, be appointed as a professional member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 09-16-85 369 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that Cecilia R. Vaniman, One West Main Street, be appointed as a professional member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that Dr. Kingston William Heath, 115 South Church Avenue, be appointed as a professional member. The I motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that James A. Devitt. 613 South Willson Avenue, be appointed as an at-large member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that Louis S. (Sam) Hollier, 2020 South Tracy Avenue, be appointed as an at-large member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commissioner Vant Hull stated she feels that those applicants who were unsuccessful should be encouraged to attend meetings of the Historic Preservation Advisory Commission as well as provide assistance when possible. Ms. Catlin, Historic Preservation Officer, stated she will encourage the unsuccessful candidates to become board members of a nonprofit organization to support the activities of historic preservation in the community. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission request the Historic Preservation Officer to prepare draft letters to the successful I applicants and the unsuccessful applicants for review at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Update re Milwaukee Railroad right-of-way - John Scully (4:30 p.m.) City Manager Wysocki stated that Mr. Scully has been requested to give the Commission an update on the status of acquisition of the Milwaukee Railroad right-of-way from the inter- section of East Story Street and South Church Avenue to the intersection of Kagy Boulevard and South Third Avenue. Mr. John Scully, attorney, stated that since the last time he submitted an update. he has received a copy of the sample deeds prepared by the Milwaukee Railroad and has received approval from the trustee to sell the property at the agreed-upon price. He noted he has nine total deeds; and the City has an interest in one of those deeds. He stated that the railroad sent out a Notice of I ntent to Transfer Property to a financial institution and another party, who apparently have financial interests in the right-of-way. Those notices indicated that the land is being transferred free and clear of all encumbrances, including state, county and local taxes. He stated that included with that notice was a cover letter indicating that the pur- chasers were responsible for all taxes dating back to 1979, which would have been approximately $18,000.00 for the City, excluding the 1985 taxes. Mr. Scully stated that he reviewed all previous correspondence and found no reference to paying the taxes; so he refused to pay I those taxes. Following meetings with the Montana-based attorneys for the railroad, the payment of back taxes was dropped; and the deeds indicate that purchase of the right-of-way is subject only to 1985 taxes. Mr. Scully then stated that in June the railroad indicated its desire to proceed with sale of the property; and he tendered notice that he had collected sufficient monies to make payment for the right-of-way. He noted that the railroad's attorney will be here on Friday with deeds signed by the trustee; and he will petition Judge Lessley to proceed through the subdivision process and prepare the final order for this property. Mr. Scully then indicated he will 09-16-85 370 prepare final deeds, to be filed simultaneously with the Gallatin County Clerk and Recorder. He also noted that a strip map of the right-of-way wi II be prepared. identifying parcel numbers and deed numbers, so that those involved can easily determine who owns a specific portion of the right-of-way. Mr. Scully indicated that the class action suit includes a provision to quiet title, which will provide for warranted titles to the various property owners. John Scully then submitted to the Commission a brief history of the past seven years. He noted that initially, a request was submitted by a private railroad for use of a portion of I the right-of-way for a recreational facility; then a proposal was submitted for Gallagator Park from Bozeman to Three Forks, which was later reduced to run from Bozeman to Gallatin Gateway; and finally the linear park proposal through a portion of the City was presented. He noted that the City was initially involved in the class action suit but later withdrew; however, the City is affected by the stipulations in the class action suit. Mr. Scully stated that the adjacent property owners have agreed to allow the City to purchase a 15-foot strip through the center of the right-of-way for a linear park; and the property owners have been given an opportunity to purchase the 17t-foot strip along their property. Along those portions of the right-of-way where the property owners do not wish to purchase that strip, it will then be purchased by the City. Mr. Scully reminded the Commission that it previously approved the payment of $10,800.00 for the entire 50-foot right-of-way. That amount has been broken down on a square footage basis to determine the costs to those individuals wishing to purchase the portions to which they are entitled; and that amount will then be subtracted from the $10,800.00, with the City paying the balance for that portion which it acquires. John Scully stated one of the items considered was how to split the parcels available to individuals; and it was determined that extension of existing surveyed boundaries would be the best approach, since not all parcel lines are at right angles to the railroad right-of-way. He then suggested that after this transaction has been completed, the City may wish to have a survey performed of the final corridor so that the property lines can be finally determined. Mayor Weaver asked if the City is selling the right-of-way to interested individuals. I Mr. Scully indicated that he is sell ing the right-of-way, since all of the transactions are being conducted through his office. He noted that the deeds will cost $275.00 each; plus a pro-rata share of the purchase price and legal fees. John Scully then indicated that Erhardt Hehn and others from the Recreation Advisory Board contacted property owners to determine if they were interested in purchasing a portion of the right-of-way; and an intern in his office did a sub- sequent survey. He indicated he will make one final effort to contact those who have expressed no interest in purchasing the right-of-way and try to obtain a written statement that they are not interested. Mr. Scully then reminded the Commission that the City has indicated it will purchase the corridor to the Intersection of South Third Avenue and Kagy Boulevard, but the proposed linear trail will either extend to Kagy Boulevard and then down Kagy to the Sourdough Trail or will run through Langohr Park. Break - 5:05 to 5:10 p.m. Mayor Weaver declared a break from 5:05 p.m. to 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Update (continued) re Milwaukee Railroad right-of-way - John Scully Mayor Weaver asked if the only way to transfer property from the City to an individual property owner after this process has been completed would be through vacation. Mr. Scully indicated it would be. I Commissioner Vant Hull stated she has heard concern that motorized vehicles may use the linear park and asked if it would be appropriate to erect signs that indicate only authorized vehicles are allowed. Mr. Scully stated that when the City initially approved the linear park concept, it was for non-motorized vehicles and pedestrians. He indicated that the City can erect signs if it so desires; and such action will have no impact on his proceedings. Mr. Hehn asked if service groups should be given approval to proceed with improvement of the trail at this time. Mayor Weaver indicated that the subject property will belong to the 09-16-85 371 City; and management will indicate when it is time to proceed. The Mayor then asked if the property within the linear parkway belongs to the City at this time. Mr. Scully indicated that the City does not have title to any of the right-of-way until it receives the deed. He then encouraged the City to wait on improving the linear park area until the Judge signs the deed. John Scully then noted that Mr. Carroll Henderson has raised a question about existing I leases. He noted that a list of current leases was included with the deeds which he received in June, along with an indication of who had paid their fees for the upcoming year. He indicated that those payments will be pro-rated into the amount 'owed by those individuals for purchase of the right-of-way. Ms. Joanne Jennings asked if a survey is necessary. Mr. Scully indicated that the deeds will be done by legal description without a survey; and the strip map will be available. He indicated that he feels it would be a good idea for the City to have its portion of the right-of-way surveyed after the deeds have been recorded; but it is not a mandatory step. The Commissioners and City Manager thanked Mr. Scully for his presentation. Weekly staff report - status of water availability City Manager Wysocki presented to the Commission a memorandum from Director of Public Service Holmes regarding the status of water availability for the City of Bozeman. He noted this memo was not included in the packet because the final paragraph recommends that the watering restrictions be lifted. He noted that the City has slightly over 700 acre feet of water available in Hyalite Reservoir. The City also received notice today that 128 miner inches of water in Middle Creek will be made available for municipal use. The City Manager noted it is important that the City also caution the public to use the water carefully after the restrictions are lifted so that the drawdown is not too great. He also noted that the community has adhered to the watering restrictions well and should be thanked for their efforts during the past two months. I Commissioner Vant Hull stated she feels people would prefer to have the watering restric- tions remain because of the possibility of low snowfall and a potential drought season next summer. The City Manager stated he has discussed this matter with City Attorney Crumbaker- Smith, and they have determined that a new ordinance should be adopted, since this was imple- mented as an emergency measure. He also noted that if the need arises, the Commission may adopt another emergency ordinance to provide the authority to impose the needed watering restrictions. Commissioner Anderson asked if alternative solutions, including the drilling of wells or construction of a surge basin, wi II be considered even if the watering restrictions are lifted. The City Manager indicated that the staff will continue to review alternatives, but reminded the Commission that no additional water system improvements can be made under the existing rate structure. Commissioner Anderson then suggested that a quarterly management report be given on alternatives being pursued and the status of those items. None of the Commissioners indicated opposition to that request; and the City Manager indicated that he could submit an update similar to the quarterly update on legal matters. Discussion - time and place to hold a meeting with the City-County Planning Board re work plan for Plannrng Department for FY86 City Manager Wysocki stated that the City-County Planning Board has suggested that a I joint meeting be held to discuss the work plan for the Planning Department for Fiscal Year 1986. Following a discussion, the Commission concurred that the meeting could be held on Monday, September 23,1985 at 7:00 p.m. or on Thursday, September 26,1985 at 7:00 p.m., Indicating a preference for Thursday evening. Planning Director Steve Lere indicated he will contact the Planning Board members and set up the meeting. 09-16-85 372 Commission Resolution No. 2573 - clarification of ballot issue re financing of ladder truck for Fire DivisIon City Manager Wysocki presented Commission Resolution No. 2573, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2573 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SUPERSEDING RESOLUTION NO. 2571; INDICATING THE CITY'S I INTENT TO EXCEED THE CURRENT STATUTORY MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE MUNICIPALITY AT THE NEXT GENERAL ELECTION; SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR PURCHASING ONE LADDER TRUCK FOR USE BY THE FI RE DIVISION. City Manager Wysocki noted that City Attorney reviewed Commission Resolution No. 2571, as adopted by the Commission on September 9, 1985 and determined that additional items should have been included. He indicated that this Resolution supersedes the previous Resolution and slightly revises the language to be placed on the ballot. He noted one of the primary items contained in the revision is a dollar amount as the ceiling to be levied each of the two years. The City Manager then recommended that the Commission adopt Commission Resolution No. 2573. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2573, indicating the City's intent to exceed the current statutory mill levy for General Fund purposes on the approval of a majority of the qualified electors of the municipality at the next general election for the said purchase of one ladder truck for use by the Fire Division. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Desiqnation of Voting and Alternate Voting Deleqates - NLC Conqress of Cities to be held in Seattle, Washington. on December 7-11, 1985 City Manager Wysocki reminded the Commission that the National League of Cities Congress I of Cities is to be held in Seattle, Washington, on December 7-11, 1985. He noted that the City had just received the information for designation of a voting delegate and an alternate voting delegate for this conference. The City Manager then noted that the City must return the information by October 15, 1985. The Commissioners briefly discussed the matter and determined that it should be brought back in two weeks for further discussion. Claims City Manager Wysocki stated he had requested the claims be removed from the Consent Items so that one of the claims listed may be removed for payment. He noted the claim sub- mitted by David Jarrett in the amount of $1,297.21 for refund for a water service should be removed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Director of Finance to pay the claims, less the claim submitted by David Jarrett in the amount of $1,297.21. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. I (1) A memo and notice of publ ic hearing from the Montana Economic Development Board indicating that it will conduct a public hearing on the project requested by David C. and Yvonne G. Jarrett on September 25, 1985 at 10:00 a.m. in Helena. (2) A letter from the Bozeman Business and Professional Women's Club soliciting nominations for the Woman of Achievement Award. (3) A notice of public hearing from the County for a public hearing to be held on September 16, at 7:00 p.m. concerning the Community Development Block Grant application. 09-16-85 373 (4) A letter from Mike Hoey, Public Education Officer of the Fire Department, indicating that a public fire/safety education meeting will be held on September 25 and inviting the Comm iss ioners to attend. (5) The BizNet weekly schedule update for the week of September 9-13, 1985. (6) Copies of the Appropriation Ordinance and the Capital Improvement Program Appropriation Ordinance, which the Commission wi II consider at next week's meeting. He noted I these reflect the changes which the Commission made in the use of property tax revenues and Revenue Sharing Fund monies. The City Manager then noted that the mill levy for the General Fund was increased to 72.11 rather than the 72.18 approved by the Commission; and the overall increase in the General Fund was $4,261.00 rather than the $5,800.00 previously discussed by the Commission. He indicated those changes were made to remain in compliance with the 105 percent rule for the General Fund. (7) The City Manager reminded the Commissioners of the League of Cities and Towns Convention to be held in Missoula later this week. (8) Mayor Weaver indicated he has received a brochure on a Hazardous Materials Conference being conducted by Eastern Washington University. He suggested that Commissioner Anderson or Commissioner Jordan may be interested in attending that conference. Consent Items - I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull. that the consent items as listed above be approved 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 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Break - 6:00 to 6:10 p.m. Mayor Weaver declared a break from 6:00 p.m. to 6:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Work session - City Manager's recommendations for the budget City Manager Wysocki reminded the Commission that the budget schedule provides for adoption of the Appropriation Ordinance and the Capital Improvement Program Appropriation Ordinance at next week's meeting. He then indicated that he felt this item should be discussed once again so that the Commission will be ready for the final adoption of those two ordinances next week. Mayor Weaver asked about anticipation of Federal Revenue Sharing monies during the second half of the fiscal year, and why that was not considered in this budgeting process. The City Manager stated that the latest information. which the City received from the Federal Revenue Sharing office in June, indicated that the City should not plan on receiving I any monies after September 30, 1985. He noted that means the City will receive two quarters of monies during this fiscal year. The City Manager then noted that the Conference Committee has since indicated that the Federal Revenue Sharing Program will be re-enacted through the federal Fiscal Year 1986, which will mean an additional two quarters of revenue in Fiscal Year 1986 and two quarters in Fiscal Year 1987 for the City. City Manager Wysocki then indicated he does not have any documentation to back up that fact; and he does not feel it should be included in the budget until such documentation is received. 09-16-85 ---_.__.._-~- 37It Mayor Weaver noted at such time as the City receives official notification, the City will take cognizance of the additional revenues. and probably appropriate those monies into the Capital Improvement Program. Commissioner Mathre noted that, since the second half of Revenue Sharing Fund monies is not accommodated in this process, the City may need to conduct public hearings on the use of those monies when notification is received. The Mayor noted that notification of the re- enactment of Revenue Sharing may coincide with the City's timetable for consideration of capital I improvement items. The Commissioners indicated support for the City Manager's approach to the budgeting process. noting that the City must appropriate only those revenues of which it is certain. The Commissioners then expressed individual concerns, which were previously noted. Commissioner Vant Hull requested that the information on the cost of employee benefits be provided as soon as possible, although that information is not needed prior to adoption of the budget. Commissioner Jordan also expressed his concern about enforcement of the zoning regulations, noting that the City Manager indicated that he has begun to review that matter. The Commissioners then concurred that they wi" be ready to consider the two appropria- tion ordinances at next week's meeting. Adjournment - 6:25 p.m. There being no further business to come before the Commission at this time. it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission I 09-16-85