HomeMy WebLinkAbout1983-11-21
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
November 21, 1983
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, November 21,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager
Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis-
sion Sullivan.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Mathre~
Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983;
October 31, 1983; November 7, 1983; and November 14, 1983, was deferred for a period of one
week.
Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed
under Consent Items for discussion. Commissioner Anderson requested that the outline for
Request for Proposals for a water study be removed for discussion. Commissioner Vant Hull
requested that the outline of evaluation criteria for the Beall Park Building proposals be
removed for discussion.
Application for exception to Commission Resolution No. 2390 (hardship case on SID's) - Allan S.
Dunayer, 215 North Broadway
City Manager Evans presented to the Commission an application submitted by Allan S.
Dunayer, 215 North Broadway, for exception to Commission Resolution No. 2390. The City
Manager noted Mr. Dunayer's statement on the application is brief; and it is difficult to
determine if a hardship exists.
Commissioner Anderson noted the second page of Commission Resolution No. 2390 indj- I
cates that a thorough investigation is to be made. She asked if this statement provides legal
requirements for the Commission's review.
City Attorney Crumbaker-Smith stated the Commission could set particular criteria which
must be met or could check the applicant's financial status.
Commissioner Weaver as ked what is expected on the appl ication. He also asked who should
demonstrate the applicant's inability to pay.
Director of Finance Swan stated the SID Clerk gives a copy of the application to those
who request one and indicates what information is required. She indicated she has also sent
certified letters to each of the applicants indicating it would be in their best interests to attend
this Commission meeting and explain the reasons for requesting an exception to acceleration of
delinquent SID's.
COlTlmissioner Weaver noted the exception to Commission Resolution No. 2390 does not post-
pone the due date or delinquent date for Special Improvement District payments but does post-
pone certification of acceleration to the County. He stated the question that needs to be
answered is what hardship would be incurred by acceleration of the entire SID balance.
Mr. Dunayer, applicant, stated he did not have sufficient money to pay his SI D payment
on time last year, but paid it in April. He noted the penalty and interest on the SID was
approximately $130.00. Mr. Dunayer then stated he was injured and unable to work for three
weeks. He indicated that caused a financial hardship; and he will not be able to pay the SID's
by the due date. Mr. Dunayer also stated he was not working at the time he completed the
application for exception to acceleration and was unsure when he would be able to return to I
work.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission approve the application for exception to Commission Resolution No. 2390, submitted
by Allan S. Dunayer, 215 North Broadway. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner
Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none.
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Application for exception to Commission Resolution No. 2390 (hardship case on SI D's) - Craig E.
and Julie Blockey, 1910 Chambers Drive
City Manager Evans presented to the Commission an application submitted by Craig E.
and Julie A. Blockey, 1910 Chambers Drive, for exception to Commission Resolution No. 2390.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
I Commission approve the application for exception to Commission Resolution No. 2390, submitted
by Craig E. and Julie A. Blockey, 1910 Chambers Drive. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis-
sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none.
Application for exception to Commission Resolution No. 2390 (hardship case on SID's) - Warren
Townsend, Lot 7, Industrial Properties
City Manager Evans presented to the Commission an application submitted by Gregory O.
Morgan, attorney for Warren Townsend, for exception to Commission Resolution No. 2390 for the
SID's on Lot 7, Industrial Properties. The City Manager stated he and Director of Finance
Swan had discussed the matter and feel this application is not eligible under the provisions of
Commission Resolution No. 2390. City Manager Evans also noted this parcel of property and the
subject SID are in litigation at this time; and discussion of the matter should be very limited
until the Court has reached a decision.
City Attorney Crumbaker-Smith questioned whether the subject site includes a single-
family, owner-occupied residence.
Mr. Warren Townsend stated his home is located on the subject site, even though it is
zoned for industrial use.
Commissioner Anderson requested that action on this application be deferred and that the
Commission receive a report from the City Attorney and the Director of Finance. The Commission
concurred in that request and deferred action for a period of one week.
I Continued discussion - request for development of community garden for low-income residents at
Westlake Park
City Manager Evans noted that on May 23, 1983 the City Commission had approved the
concept of development of a community garden for low-income residents at Westlake Park. The
City Manager stated the Gallatin Valley Food Bank has submitted a request for development of
the community gardens. The Recreation Advisory Board has reviewed the request and has
recommended approval.
Commissioner Anderson noted one of the concerns expressed about development of community
gardens at Westlake Park was the cost of installing a water line to the site. She then asked
what the cost of installing the water line would be.
Director of Public Service (Works) Holmes stated installation of the water service line
from the water main which runs along West Tamarack Street to the meter in Westlake Park was
$2,270.00. He noted the line was installed prior to paving of West Tamarack Street to avoid the
need to tear up the pavement to hook into the water main. The Director of Public Service (Works)
stated the estimated cost of running water service lines from the meter to the garden plots and
providing shut-off valves is $700.00.
Ms. Julie Hintz, Director of the Gallatin Valley Food Bank, requested that thirty garden
plots be installed, in the same design as used in Langohr Park during the past summer. She
stated the Food Bank would like to provide the equipment and seeds, pay the water use charges,
and have the site prepared for the garden plots. She indicated a grant could probably be
I written to cover a large portion of those costs. She noted the $20.00 fee charged for the
Langohr Park garden plots is too high for low-income residents, and suggested the fee be set
at $10.00 per garden plot. Ms. Hintz also stated one of the farm implement companies has
donated use of a tractor to initially plow the site to be used for the garden plots.
Commissioner Vant Hull stated the $600.00 received from charging $20.00 per garden plot
covered the City's costs, including water use charges, at Langohr Park during the past summer.
She suggested that the City charge $20.00 per garden plot, and that the Food Bank write a
grant for $300.00, which would lower the cost of each garden plot to the $10.00 suggested by
Ms. Hintz.
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Director of Public Service (Works) Holmes stated the City crews had planned to grade
and level the site and then plow the area. He noted that currently the land is not level; and
he feels the City employees should do the initial work so that it is done to City requirements.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the request submitted by the Gallatin Valley Food Bank for development of
thirty community garden plots for low-income residents at Westlake Park; direct the City staff I
to proceed with preparation of a portion of the Westlake Park site for the garden plots; and
establish a $20.00 fee per lot, to be paid by the Gallatin Valley Food Bank. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner
Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Commissioner Mathre
abstained from the vote because she is on the Board of Directors for the Gallatin Valley Food
Bank.
Discussion - selection process for consultant for Low-Income Housing Committee and determina-
tion of City supervision
City Manager Evans presented to the Commission a memo from Planning Director John Moss
concerning the hiring of a consultant for the Low-Income Housing Committee. The City Manager
stated the Commission should determine the selection process to be used in the hiring of a
consultant for the Low-Income Housing Committee and which City department is to supervise the
consultant. He noted the consultant's position would coincide best with the planning operation,
but supervision of the consultant would add to the workload for the planning staff.
Commissioner Vant Hull noted the Planning Director's memo suggests that the consulting
firm currently under contract to prepare the Community Development Block Grant application
could possibly add the work requested by the Low-Income Housing Committee to its contract with
the City.
Commissioner Anderson stated the Housing Committee would like to hire a consultant who
is located in Bozeman. She also stated the Housing Committee feels the City supervision should I
be administered through the City-County Planning Department.
Planning Director John Moss suggested that the Commission consider developing perma-
nent staff capability in the area of community development, of which housing is a portion. He
noted hiring a consultant would be the least effective approach for obtaining answers to the
housing concerns. He stated, however, that if a consultant is hired, the City should hire the
best one possible for the money that has been appropriated.
Commissioner Weaver noted Mayor Stiff had voted against the expenditure of monies to
hire a consultant because he could not justify growth in personnel because of the limited money
resources. The Commissioner then stated he also shares that concern and feels hiring of a
consultant for a six-month period can be more easily justified than hiring of another full-time
employee.
Break - 5: 05 to 5: 12 p. m.
Mayor Stiff declared a break at 5:05 p.m., to reconvene at 5:12 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Discussion (continued) - selection process for consultant for Low-Income Housing Committee and
determination of City supervision
Commissioner Anderson stated the Housing Committee feels the hiring of a consultant on
a temporary basis would be the least expensive method to consider housing necessities and
possible thrusts for alleviating the housing problems that exist. I
Planning Director Moss stated the City needs someone within the organization that has
the capability to handle the community development functions on a full- or part-time basis. He
noted such functions have been handled by many different departments; and he feels those func-
tions should be one person's responsibility.
Commissioner Vant Hull asked where the City would get the funds to support such a
position.
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The Planning Director stated if the City acquires funds through one of the federal grant
programs, the monies set aside for administration of the program could be used to pay an
employee's salary.
Commissioner Weaver asked if the housing consultant's functions would fit in with the
Planning Department.
I Planning Director John Moss stated the housing consultant1s functions would fit in with
the Planning Department. However, he stated he feels the consultant should work closely with
the City Manager1s office.
Commissioner Vant Hull stated she had thought the consultant would work under the
Commission since the Low-Income Housing Committee was created by the Commission.
Commissioner Weaver stated he does not feel the consultant should be supervised by the
Commission.
City Manager Evans stated if the consultant is to work under the Commission, the City
Attorney should prepare a Request for Proposals and a contract. He stated the functions and
supervision of the consultant should be clearly defined so all involved are aware of the various
responsibilities. The City Manager also noted the Planning Department works under a separate
administrative board; and that board must approve placing a consultant under the Planning
Department. He also noted the City Manager must have easy access to the consultant.
Rev. Thomas Heafield-Mordan, Chairman of the Low-Income Housing Committee, stated he
feels it is imperative that the consultant be a local person. He also stated the consultant
should know the community and be accessible to the Housing Committee on a daily basis.
Mr. Chris Pazder, member of the Low-Income Housing Committee, stated the consultant
should be located in Bozeman and should work closely with the Planning Staff.
It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commis-
sion concurs that the appropriation of $5,000.00 for the salary of an independent consultant and
the $2,500.00 appropriated for support costs have been made; that the principal client is the
I City of Bozeman, under the supervision of the Director of the Planning Staff, with the con-
currence of the City-County Planning Board; and that the minimum qualifications as set forth in
the memo from the Low-Income Housing Committee dated October 18', 1983 and amended in the
memo dated November 10, 1983, are to be used in preparing the Request for Proposal and in
the hiring of an independent consultant.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that action
be tabled for a period of one week. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Com-
missioner Vant Hull and Mayor Stiff; those voting No, none.
Discussion - view protection planning and zoning
City Manager Evans presented to the Commission two memos from Planning Director John
Moss concerning review of view protection planning and zoning. The City Manager noted this
item has been discussed on several occasions. He stated he needs to consult the Director of
Finance concerning the funding of a Budget Amendment for $2,744.00 prior to submitting a
recommendation for funding of this item.
Commissioner Weaver asked what priority number this item had been on the list of work
items and what items were ranked between the selected work items and this item on that list.
He stated he would prefer that action be deferred on this request until that information has
been submitted to the Commission.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
I Commission approve the expenditure of $2,744.00 for review of view protection planning and
zoning, and instruct the City staff to prepare a Budget Amendment.
It was then moved by Commissioner Weaver that action on the matter be tabled for a
period of one week. The motion died for the lack of a second.
A vote was then taken on the original motion to approve the expenditure and instruct
preparation of a Budget Amendment. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver,
Commissioner Vant Hull and Mayor Stiff; those voting No, none.
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Discussion - scheduling of update on air quality in Bozeman
Commissioner Anderson stated citizen interest has been shown on the air quality in
Bozeman; and she feels the issue should be addressed.
Mr. Sherman Janke stated an ad hoc committee of citizens who are concerned about the
air quality in Bozeman and the Gallatin Valley has been formed. He noted the air quality
problems extend beyond the city limits, and any action to correct the situation will require the I
cooperation of Gallatin County officials. Mr. Janke stated the ad hoc committee hopes to
establish a monitoring program that gives daily readings and creates a better data base. He
stated if the readings indicate the air quality is deteriorating in Bozeman, then the ad hoc
committee will seek action to improve the air quality. Mr. Janke stated the ad hoc committee is
currently determining what information is available so they can avoid any duplication of efforts.
Commissioner Vant Hull asked if support from the City Commission would help the ad hoc
committee in their attempts to get monitoring equipment to establish a data base.
Mr. Janke stated it would.
The Commission then requested that he draft a short resolution of support, to be sub-
mitted to the Commission for review and ~possible adoption.
Acknowledge receipt of request for annexation - Ralph K. Aaker and Steven R. Aaker -
10.0-acre tract located alon west side of South Nineteenth Avenue, just south of the Vet
Research a
City Manager Evans presented to the Commission a request for annexation, submitted by
Ralph K. Aaker and Steven R. Aaker, for a 10.0-acre tract located in the SEt, Section 14,
Township 2 South, Range 5 East, MPM. The subject property is more commonly located along
the west side of South Nineteenth Avenue, just south of the Vet Research Lab. The City
Manager recommended that the Commission acknowledge receipt of this request for annexation,
under Section 7-2-4301 through 7-2-4331, M.C.A.; and table any action pending adoption of an-
annexation policy.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I
Commission acknowledge receipt of the request for annexation submitted by Ralph K. Aaker and
Steven R. Aaker, for a 10.0-acre tract of land located along the west side of South Nineteenth
Avenue, just south of the Montana State University Vet Research Laboratory, under Section
7-2-4301 through 7-2-4331, M. C.A.; and table any action pending adoption of an annexation
pol icy. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and
Mayor Stiff; those voting No, none.
of outline for Request for Proposals for water stud , pre ared ~
el ann
City Manager Evans stated Commissioner Anderson had requested this item be removed
from the Consent Items.
Commissioner Anderson gave each Commissioner a copy of two memos which Steve Custer
had previously submitted concerning important items to be considered during selection of a
consultant to perform a water study.
City Manager Evans noted that Engineering Officer Neil Mann had prepared the subject
outline for Request for Proposals at the City Commission's request. He recommended the
Commission acknowledge receipt of the outline and defer action on hiring of a consultant at this
time.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I
Commission acknowledge receipt of the outline for Request for Proposals for a water study, as
prepared by Engineering Officer Neil Mann. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner
Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
Acknowledge receipt of outline of evaluation criteria for Beall Park Building proposals
City Manager Evans stated Commissioner Vant Hull had requested this item be removed
from the Consent Items.
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Commissioner Vant Hull noted the Commission will be conducting a public hearing on the
three proposals received for use of the Beall Park Building on December 5, 1983. She
suggested the outline be placed on next week's agenda for review and possible revision. She
also suggested that a copy of the draft outline be provided to all applicants so they are aware
of the information the Commission will be considering.
I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission acknowledge receipt of the outline of evaluation criteria for the Beall Park Building
proposals. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor
Stiff; those voting No, none.
Consent Items
City Manager Evans presented to the Commission the following items.
Request - permission to place Christmas kettle and hut on sidewalk at
southeast corner of intersection of Main Street and Black Avenue
- November 25 to December 24, 1983, 10:00 a.m. to 9:00 p.m.
( except Sundays) - Salvation Army
Application for Raffle License - Bozeman Friends of Music - Decem-
ber 24, 1983
Authorize Mayor to si n - Chan e Order No. 3 - Water Treatment Plant,
roup , c edu e a mer uncan onstructlon ompany -
add $978,000.00
Authorize Mayor to si n - Contract Documents for supplyin of materials
or irrigation systems in Ir ar and ooper ar ountain
Supply Company - $13,809.67
Acknowledge receipt of letter from Craig Zakovi re completion of ABC Park
improvements
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the items as listed above, and that the appropriate persons be authorized
and directed to complete the necessary actions. The motion carried by the following Aye and
I No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner
Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none.
Recess - 6: 15 p. m.
Mayor Stiff declared a recess at 6:15 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the work session on applications for City Manager. The Commission excused City
Manager Evans, Assistant City Manager Barrick and City Attorney Crumbaker-Smith from the
remaining portion of the meeting.
Reconvene - 7:05 p.m.
Mayor Stiff reconvened the meeting at 7: 05 p. m. for the purpose of conducting the
scheduled work session.
Work session on applications for City Manager
Mayor Stiff stated the press release was distributed this morning; and the press has
reviewed the resumes of the four candidates to be interviewed. He then asked if copies of the
resumes should be given to the press if requested or if review of the resumes should be limited
to the Clerk of the Commission's office. Following a brief discussion, the Commission
determined that copies of the resumes only, but no supporting letters, could be given to the
press upon request.
Mayor Stiff then asked if the interviews will be done in Executive Session or in an open
I meeting. The Commission determined that the interviews should be open to the public. The
Commission also determined that the interviews and public receptions should be two separate
functions, rather than considered as one function.
The Commission then instructed the Clerk of the Commission to make reservations at the
City Center Motel for the applicants.
Commissioner Mathre suggested that the Commissioners consider providing a host or
hostess for each candidate. The Commission decided that each Commissioner will host one
candidate during his stay in Bozeman.
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Clerk of the Commission Sullivan then reviewed the information she had obtained from
each of the applicants concerning potential dates for interviews. Following review of each
candidate's list of preferred dates, the following tentative schedule was developed. Mr. James
E. Wysocki will be in Bozeman on Friday, November 25 and Saturday, November 26, with Commis-
sioner Anderson serving as hostess. Mr. Robert L. Haarman will arrive on Sunday, November
27, and will remain until Tuesday, November 29; Commissioner Vant Hull will be his hostess. I
Mr. Douglas W. Lowe is scheduled to be in Bozeman on Wednesday, November 30 and Thursday,
December 1, with Commissioner Mathre hostessing his activities. Mr. Kenneth D. Hertz will be
in Bozeman on Tuesday, December 6 and is scheduled to depart on Thursday, December 8; and
Commissioner Weaver will serve as his host. The Clerk of the Commission was then directed to
contact each of these four candidates and provide him with a tentative schedule of the dates he
is to be in Bozeman.
The Commissioners then determined that a dinner with the Commissioners, a public recep-
tion and an interview should be scheduled for each candidate. Additional activities may be
scheduled by the hosting Commissioner as desired by the appl icant. A tentative schedule of
the three standard events for each candidate was established. Also, each Commissioner is to
contact his/her candidate and establish the initial Commissioner contact, as well as scheduling
the arrival and departure of the candidate. Each Commissioner is to provide the Commission
with a schedule of activities for his/her candidate as soon as the tentative schedule is confirmed
and any additional activities have been established.
Adjournment - 8:30 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff;
those voting No, none. I
ALFRED M. STIFF, Mayor
ATTEST:
Clerk of the Commission
I
11-21-83