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HomeMy WebLinkAbout1982-08-23 13 " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 23, 1982 ***************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 23, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and Acting Clerk of the Commission Norman. Commissioner Vant Hull was absent in compliance with Section 7-3-4349, M. C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of August 16, 1982 were approved as submitted. Mayor Stiff asked If any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Mathre requested that the Request on behalf of City Service Worker Ron Dingman to attend a School on Forestry In Ohio from September 13-24, 1982, be removed for dl scusslon. Mayor Stiff noted that Item 11 of the agenda, "Discussion - payment of dues ($731.00) for National League of Cities for the period November 1, 1982 to October 31, 1983," should be removed from the agenda. He stated he had submitted this data as an information Item only. Ordinance - No. 1111 - Appropriation Ordinance for Fiscal Year 1983 This was the time and place set for a decision on the Tentative Appropriation Ordinance, having been tentatively adopted at the Commission meeting of August 9, 1982, entitled: TENTATIVE APPROPRIATION ORDINANCE 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 I OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1983. City Manager Evans recommended adoption of Ordinance Number 1111. Mayor Stiff noted that he must continue to vote No on this Ordinance. He stated he had discussed the Director of Public Works position with persons in the local business commu- nity and the mutual feeling Is that the matter does not have the support of the community. He stated he had contacted approximately 15 business people and of the persons contacted, only one business had not experienced reduction In their personnel staff. He stated he felt it Is extremely hard for the City to operate less well than local businessmen. He stated It Is his opinion there Is not a demonstrated need for such a position. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission approve the appropriation ordinance for FY 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson and Commissioner Mathre; those voting No, Mayor Stiff. Decision - Zone Code Amendment - Universal Sports and Courts, 205 Haggerty Lane - to allow day care centers as a Conditional Use In the B'-2 Zone This was the time and place set for a decision on a request on behalf of Universal Sports and Courts, 205 Haggerty Lane, for a Zone Code Amendment to add "Day Care Centers" to the listed B-2 "Community Highway Business District" conditional uses. City Manager Evans Indicated to the Commission that the Bozeman Zoning Commission I had voted unanimously to approve this request. City Manager Evans stated he also recom- mended approval of this zone change request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the request for a Zone Code Amendment made by Universal Sports and Courts, 205 Haggerty Lane, to allow day care centers as a Conditional Use In the B-2 Zone, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. 08-23-82 131 the Ni, NE!, eshockup Road) This was the time and place set for a decision of the request on behalf of Mr. Paul K. Dudley for a Zone Map Change from AS "Agricultural Suburban" to RS-3 "Residential Suburban (three-acre minimum)" on a tract of land In the Ni, NE!, NW!, Section 21, Township 2 South, Range 6 East, MPM. This 20-acre parcel of land Is located at the southwest corner of Bozeman I Trail and Tayabeshockup Road. City Manager Evans noted that this request for a zone change from AS to RS-3 had passed the Zoning Commission for approval with a 3-2 split vote. He stated he recommended approval of this request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Zone Change requested by Paul K. Dudley from AS to RS-3 for a tract of land In the NL NE!, NW!, Section 21, T2S, R6E, MPM (southwest corner of Bozeman Trail and Tayabeshockup Road), be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - permission to conduct one-mile run for United Way, eastbound lanes of Main Street - October 2, 1982, 9:00 a.m. to 10:30 a.m. City Manager Evans presented to the Commission the request for permission to conduct a one-mile run for United Way in the eastbound lanes of Main Street on October 2, 1982, from 9: 00 a. m. to 10: 30 a. m. City Manager Evans stated that blocking the eastbound lanes of Main Street for 1t hours would present some safety problems. He suggested that Mendenhall be used as an alternate route. Herb Agocs, who initiated this request, addressed the Commission stating he had no objections to using Mendenhall Instead of Main Street if the grade elevation of the street Is comparable to Main as a downslope. He stated the most important thing Is to conduct the I one-mile run Itself. Commissioner Mathre questioned the City Manager as to whether approving this request would entail additional personnel. City Manager Evans responded that It would require some additional manpower as well as markers and barricades. City Manager Evans stated that if Herb Agocs would agree, this request could be deferred for one week so as to allow Mr. Agocs time to check on the elevation of Mendenhall. Mr. Agocs stated he was agreeable that this request be deferred for one week. A decision will be forthcoming next week. Discussion - Dave Ward - protest of sidewalk assessment Dave Ward presented his protest to the Commission and summarized the problems he had experienced In his dealings with the City on this problem. He stated that when buying this piece of property, the seller had not Informed him about the sidewalk assessment. He further stated that the title Insurance company had failed to find this assessment on record when doing the title search, as It had not yet been legally recorded. He voiced his objections to the law which requires that the City legally record such assessments only once a year. He expressed the opinion that this law does not adequately protect the citizen. Commissioner Weaver questioned Mr. Ward as to what he thought would be fair in this matter. Mr. Ward answered he felt that the City should take responsibility for not having the assessment recorded in a timely manner and not require him to pay this assessment. I Mayor Stiff pointed out to the petitioner that the sidewalk was put in and the service was rendered. He asked Mr. Ward why he had not gone back to the seller on this assessment as it appeared this matter should be between buyer and seller. Mr. Ward replied that he was not sure who had paid for the title insurance at the time of the sale and additionally, there Is a personality conflict between him and the seller, therefore, he Is hesitant in contacting the seller. Commissioner Anderson asked Mr. Ward what the original assessment had been. He replied that to his knowledge it was approximately $630.00. 08-23-82 1 3 ,.~ . ,,/ '1'&' ...._ Director of Finance Amy Swan at this point addressed the Commission and informed them that the three delinquent assessments total $634.01. There Is now owing $12.68 In penalties, $93.09 in interest, for a total amount due of $739.78. She stated this district had been set up with an assessment period of seven years. Commissioner Weaver asked Mr. Ward that since the improvement was actually made to the property, If he, Mr. Ward, was not the person receiving benefit from the Improvement. Mr. Ward replied that he seldom used the sidewalk. He stated he feels that the cost of the I sidewalk should be absorbed by the citizens and taxpayers of Bozeman, rather than one single citizen. Commissioner Weaver asked Mr. Ward whether he had taken any exceptions to Attorney Planalp's letter written to him. Mr. Ward stated he had not but voiced the opinion that It appeared to him that the Montana Code protects the City and not the citizen. Commissioner Weaver questioned Mr. Planalp about the wording contained In his letter whereby it stated, II..... no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render It void or voidable. II Attorney Planalp replied that the Montana Code gives the City the right to reassess, but does not compel the City to do so. Commissioner Anderson questioned Mr. Planalp whether the City could legally roll back penalty and Interest due on this assessment. Mr. Planalp stated that it was possible. Commissioner Mathre noted that In his letter to the Commission Mr. Ward had Indicated two alternatives. She expressed the opinion that the second alternative might be acceptable to the City. Commissioner Anderson questioned the Director of Finance whether there have been other cases such as this where an assessment did not show up on a title search. Director of Finance Swan stated that City records are public records and title insurance companies do come In and search them. She stated that until an assessment is a legal debt, It cannot be made a lega I record. Ms. Swan stated that once a delinquent assessment Is recorded as a legal debt, it shows I up on the County printouts, and not on the City's. She said the procedure to roll back penalty and Interest on such an assessment would involve releasing everything from the County records and a reassessment be made by the City using the original amount of the assessment, with the time period of seven years to begin from November 1 st of this year. She stated the rate of Interest that was established at the original time of assessment would still be used. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the City roll back the penalty and Interest due on this sidewalk assessment, and reassess the property using the Interest rate established at the time of the original assessment with the assessment period to begin November 1 of this year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - proposal for designation of Tamarack Street as a IIthrough streetll City Manager Evans presented to the Commission the request to designate Tamarack Street a IIthrough streetll and to install IINo Parking This Side of Streetllslgns along the north side of the street from Third Avenue to Seventh Avenue. He noted this Item was continued from the July 6, 1982, Commission meeting, at which time the Commission deferred action so that the Pedestrian/Traffic Safety Committee could review this request and make a recommen- dation. City Manager Evans noted that the Pedestrian/Traffic Safety Committee had recommended approval of this request. He stated he recommended approval also. I It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the request to designate Tamarack Street a IIthrough streetll and to install IINo Parking This Side of Streetll signs along the north side of the street from Third Avenue to Seventh Avenue, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 08-23-82 133 Discussion - Invitation from Gallatin Council for one Commissioner to sit on Board of Directors City Manager Evans presented to the Commission an invitation from the Gallatin Council for a City Commissioner to sit on their Board of Directors. Commissioner Anderson expressed her own personal feeling that there are already numerous meetings that the Commissioners are required to attend. Commissioner Mathre stated she Is already on two Board of Directors. She questioned I whether the Commission desired to establish this formal relationship. She expressed the view that the Council should ask one specific Commissioner to serve and then it would be at that Commissioner's discretion to accept or decline. Mayor Stiff voiced his ag reement with Commissioner Mathre's view on this subject. He stated that the City staff should direct a letter to the Council addressing this situation. Report from Committee to Study Low-Income Housing - Jeff Towery Jeff Towery, Intern to the Commission, presented a report from the Committee to Study Low-Income Housing which reflected the rental situation In Bozeman. He stated his willingness to answer any questions regarding the report. He stated that there Is very little low-Income housing and that rents have Increased at a rate of 30 percent over the past two years. Commissioner Anderson expressed the Commission's appreciation for the accomplishments and dedication shown by the Committee to Study Low-Income Housing. She further stated this study establishes the need for low Income housing. She expressed the need to establish a citizens advisory committee to look for solutions. She stated that this citizens advisory committee should work together with the Bozeman Fair Housing Coalition in this direction. Commissioner Anderson also stated that the Commission should look at the possibility of adopting a Uniform Housing Code. Mayor Stiff stated that the Commission should return this item before the Commlslon at a later date for appointment of a citizens advisory committee. The Commissioners thanked Mr. Towery for his great work. Mr. Towery in turn thanked I the Commissioners for their great help and for the learning experience opportunity. Mayor Stiff questioned when the best time would be to reschedule this item on the agenda. He stated there Is a possibility he will be out of town the week of September 7. City Manager Evans suggested that this item be brought back before the Commission on September 13. The Commission was in agreement this date would be satisfactory. Mayor Stiff questioned Commissioner Anderson whether she planned to attend the Policy Coordinating Committee public hearing to be held on Wednesday, September 8, regarding the transportation plan being considered for adoption. She stated she had marked this date on her calendar and was planning to attend. Mayor Stiff requested she attend this meeting acting as his representative. Mayor Stiff questioned the City Staff If this meeting would be tape recorded. The Assistant City Manager stated that the Planning Board would be conducting this meeting and that as a normal course, these meetings are usually taped. He stated, however, he would contact John Moss, Planning Director, and verify that it would In fact be recorded. Report on City. Staff action concerning property located on the northwest corner of North Rouse Avenue and East Lamme Street City Manager Evans informed the Commission that Mrs. Chapman, owner of subject property, had come Into his office last Wednesday and offered to sell the property located on the northwest corner of North Rouse Avenue and East Lamme Street to the City for the sum of $10,000. He stated the City had been aware for several weeks that she was desirous of selling I this parcel. He stated the appraised value of this property adequately covers the sum of $10,000. He stated the City had signed a buy-sell agreement with Mrs. Chapman and had paid her $100 down as earnest money. The option to purchase this property must be exercised within 60 days, starting from August 18, 1982. He stated this property should be reviewed by the Recreation Board as a public mini-park site, and could be therefore paid out of the parkland trust fund. He asked for concurrence of the Commission to pursue this purchase. He stated the Community Recreation Board has been asked to consider the site for development of a mini-park and Is expected to make Its recommendation this week. 08-23-82 1 3:'" .f^,,< . Commissioner Weaver questioned whether there were any contractual obligations between tenant and owner that might pass to the City upon ownership. City Manager Evans stated he would Investigate this possibility. Bozeman Deaconess Hospital re~uest for vacation of portions of Willson and Beall: West Beall between Grand and Tracy; WlI son between Lamme and Villard; and development of off-street parkIng This was the time and place set for the Commission to acknowledge receipt of a request I from the Bozeman Deaconess Hospital for vacation of portions of Willson and Beall: West Beall between Grand and Tracy; Willson between Lamme and Villard; and development of off-street parking. City Manager Evans recommended the Commission acknowled~e receipt of this petition and set the public hearing date for September 7, 1982. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the petition from the Bozeman Deaconess Hospital to vacate portions of Willson and Beall: West Beall between Grand and Tracy; Willson between Lamme and Villard; and development of off-street parking, and that the public hearing date be set for September 20, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. Setting of date for Open House at the Carnegie Building City Manager Evans Informed the Commission that remodeling of the old library building, which is now known as the Carnegie Building, had been completed. He stated the Building and Engineering Departments, along with the Planning Staff, have now occupied this building for approximately one month. He stated the City staff Is desirous of holding an open house so that the public can view this facility. City Manager Evans stated that with the concurrence of the Commission, the City Staff I will establish a date for this open house and an advertisement will be placed in the media to so Inform the public. The Commissioners so concurred. Request - permission to attend - City Service Worker Ron Dingman - School on Forestry - Ohio - September 13-24, 1982 City Manager Evans presented to the Commission a request on behalf of City Service Worker Ron Dingman for permission to attend the Tree Care-Urban Forestry Foreman Training Classes, to be held in Akron, Ohio, from September 13-24, 1982. The cost of sending Mr. Dingman to this course Incurred by the City will be $1,972.50. Commissioner Mathre asked how much of this type work the City actually does and whether the City Is responsible for trees along City streets. City Manager Evans stated that the only time the City actually does this type of work Is In cases of storm damage. He stated the City then has to remove the damage as a safety hazard. He stated, however, that the City Is not responsible for trimming trees as a routine duty. He stated the course is needed to allow City workers to trim trees rather than con- tracting out the work. Commissioner Mathre questioned whether since the "boom truck" had been eliminated from the budget, whether the City had equipment with which to do this type work. City Manager Evans responded that the City does have an antiquated piece of equip- ment that gives the City the capability of doing any necessary trimming. City Manager Evans added that the Parks Superintendent, Dwaln Wortman, had requested I and budgeted for this school last year, at which time the cost was approximately $800. Commissioner Mathre questioned whether Mr. Dingman is a long-term employee of the City. Assistant City Manager Barrick answered that to his knowledge Mr. Dingman had been employed by the City for approximately four to five years. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of City Service Worker Ron Dingman for permission to attend the School on Forestry to be held in Ohio, from September 13 - 24, 1982 and, it 08-23-82 135 being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Anderson and Mayor Stiff; those voting No, none. I City Manager Evans presented to the Commission a request on behalf of Deputy Fire Chief Welch for permission to attend the National Fire Academy in Emmltsburg, Maryland, for the period September 13 - 24, 1982. Costs incurred by the City will be $132.00 for meals. Transportation and lodging will be furnished by the National Fire Academy. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Deputy Fire Chief Welch for permission to attend the National Fire Academy In Emmltsburg, Maryland, for the period September 13 - 24, 1982 and, It being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting No, none. File report - Police Division for March 1982 City Manager Evans stated that the monthly report for the Police Division for March 1982 appeared to be In order and recommended that it be accepted and ordered filed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the report for the Police Division for March 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for April 1982 City Manager Evans stated that the monthly report for the Police Division for April 1982 I appeared to be In order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report of the Police Division for April 1982 and that It be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting no, None. Acknowledge report - Broad Valleys Federation of Libraries for July 1982 City Manager Evans stated that the monthly report for the B road Valleys Federation of libraries for July 1982 appeared to be In order and recommended that it be accepted. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report of the Broad Valleys Federation of libraries for July 1982 and that It be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Adjournment - 5:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Mathre, 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 and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: ~~~;on 08-23-82