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HomeMy WebLinkAbout1978-09-13 D38 September 13, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September l3, 1978, at l:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Berg and the Clerk. Commissioner MacNab, opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, September 5, 1978, were approved as read. I Continued hearing - Conditional Use Permit - add recreational facility to Phase 1 of Woodbrook P.U.D. located on Block 4, Thompson's 4 th." Addi tion The hearing on the request of the Woodbrook Planned Unit Development for a Conditional Use having been continued, was again brought before the Commission. The applicant seeks expansion of Phase 1 approval of Woodbrook Planned Unit Development to include the recreational facilities. The proposed project is located in Block 4, Thompson's Fourth Addition. Phase 1 development consisting of l5 residential units received City Commission approval on August 31, 1977 . The Planning Director presented the staff report and advised the Commission that the applicants were present to show slides of the proposed facility, and further explain the proposed expansion. Several property owners were present to oppose the proposed commercial facility due to in- creased traffic in that area. Following discussion, the Mayor declared the hearing closed and the City Manager recommended the request for a Conditional Use Permit be continued for a period of one week for a decision. Confirmation - Police Officer Booth - Effective September 13 The Acting Police Chief reported that Robert Booth had satisfactorily completed the required one-year probationary period and recommended that Robert Booth be confirmed as a regulaL officer of the Police Department effective September 13, 1978. The City Manager concurred in the recommendation of the Acting Police Chief and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the confirmation of Robert Booth I as a police officer be approved and he be congratulated upon completing the one-year probationary period. The motion was carried by the following Aye and No vote, those voting Aye being Comis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Petition - Con McClurg - to close 30' right-of-way between North 10th and North 11th Avenue A petition received from Con McClurg of 303 North Tenth Avenue requesting the vacation of a thirty (30) foot right-of-way between North Tenth and Eleventh Avenue, was presented. The City Manager advised the Commission that this matter was brought before the Commission before, always with a negative answer. The City Engineer stated he and the Street Superintendent had looked at this portion of Beall to determine whether or not they felt that this public right-of-way should be vacated. This por- tion of Beall is rather heavily used by students from the Bozeman Junior and Senior High Schools as a walk through. The width is too narrow to construct a two land street of normal dimensions; however, a street similar to Kagy between 11th and South 3rd could be built to provide access for those along Beall to get to 11th Avenue. He further stated this would not allow for pedestrians and might become something of a hazard, in that the students would probably be walking in the street making it difficult to drive on.. Both he and the Street Superintendent objected to the proposed vacation of this protion of Beall Street. The City Commission concurred in the recommendation of the City Engineer and Street Superin- tenden t, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded I by Commissioner Swanson that the request for the vacation of Beall Street between North lOth and 11 th be denied. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Residency requirements - Legal Opinion Residency requirements for City employees had been discussed at the meeting of September 5, 1978. The subject had been deferred to this date, to allow the City Attorney time for research. Specifically, he was to determine whether a fee in lieu of taxes could be charged to employees living outside the City Limits. . ~, '; ("\ U ,~, .j Mr. Berg's opinion was that, without citing case laws, a payment in lieu of taxes from employees residing outside the City Limits was impossible. The City's taxing authority ends at the City Limits. The City Commission did have legal authority to establish where its city em- ployees could live. Mr. Berg was then asked whether, if employees living outside the City Limits were unable to respond to an emergency call, the City would be vulnerable to a liability suit for I damages. Mr. Berg's response was that such a circumstance would be a very interesting legal question. The City Manager then called attention to a petition received just before the meeting which resulted from a meeting of city employees held on August 21, 1978. Apparently some eighty-six employees had signed the petition suggesting that the 3~ mile radius in which city employees might live, be retained. The City Manager further stated the Com- mission had the legal prerogative to determine where city employees could live. He had also gathered from previous discussions of the Commission, that they would prefer to decide this issue rather than place it on the ballot. He certainly concurred with the preferance that the City Commission decide this policy. The City Manager further suggested that any residency policy should very likely be in ordinance form. If the present policy is withdrawn and employees are compelled to live within the City Limits, those who have moved outside could be compelled to move back within the City Limits. A reasonable length of time must be provided for such employees. The City Manager stated that, although he had recommended against employees living outside the City Limits a year ago, he recommended against changing the policy at this time, and that those who have moved out during this fourteen-month period, should be allowed to remain there under the grandfather clause. Commissioner Vollmer moved that the present policy be denied. The motion died for lack of a second. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City continue the 3~ mile radius in effect until such time as 25% of the city employees live outside I the City Limits~ At that time further moves outside the City could be prohibited, and the policy could be reviewed for possible revision. Those living outside the City Limits and in violation of existing regulations are not covered by any of these provisions. They should be dealt with the discretion of the management. Employees may not move out of the City without the approval of the management so that the location is in close proximity to an all-weather road. Those employees who have legally resided outside of the City Limits under the present policy, for instance the Planning Department employees will be given a year for an individual review before moving back into the City. Those living outside the City Limits and in violation of the present policy are not bound by anyone year requirement or latitude. That will be up to the discretion of the management to deal with those employees. The City Attorney reviewed the above provisions to be sure that he understood them correctly. Those voting Aye on the above motion were Commissioner Swanson and Commissioner Vandeventer; those voting No being Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy. The motion died for a lack of a majority. It was then moved by Commissioner Vollmer, seconded by Commissioner MacNab, that the City employees be required to live within the City Limits, and those living outside the City Limits shall be required to live within the City Limits within a two year period. Newly hired employees must establish City residency within ninety (90) days. Those voting Aye on the above motion were Commissioner Vollmer, Commissioner MacNab, and Mayor Sedivy; those voting No on the motion were Commissioner Swanson and Commissioner Vandeventer. I The motion was carried. Petition - authorize the submission of the. ,question at a bond election for the construction of a new library Petitions signed by approximately 2,600 qualified electors of the City of Bozeman were presented by the Clerk of the Commission. The Clerk of the Commission stated that the 2,600 sig- natures out of approximately 11,189 registered voters constituted more than 20% of the qualified electors as required by Section ll-2306 R.C.M., 1947. According to the City Attorney, the State Law requires that the Clerk of the City Commission is designated to verify the signatures of the petitioners and attach thereto a certificate, under her official signature, which shall set forth: 040 1) The total number of persons who are registered electors. 2) Which, and how many of the persons whose names are subscribed to such petition, are possessed of all of the qualifications required of signers to such petition. 3) Whether such qualified signers constitute more or less than twenty 20% percent of the registered electors of the City or town. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner I Vandeventer, that the completed petitions filed with the Clerk of the Commission shall be care- ful1y examined with the registered voters at which time she shall attach thereto a certificate under her official signature which shall set forth the total number of persons who are registered electors constituting more or less than the twenty 20% percent of the qualified signers. The City Attorney wil1 then be instructed to draw up a resolution to be considered by the City Com- mission which shall recite the essential facts in regard to the petition, such as the General Election to be held on Tuesday, November 7, 1978, the purpose for which the bonds are proposed to be issued, and fix the exact amount of bonds to be issued. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Petition - Intent to create Special Improvement District for paving College Street from Tracy to Black Avenue A petition received from nine property owners petitioning the City of Bozeman to create a special improvement district for the purpose of installing curbing and pavement on College Street from South Tracy Avenue to South Black Avenue was presented. The Commission concurred in the recommendation of the City Manager, and it was moved by Com- missioner Vandeventer, seconded by Commissioner MacNab, that the Commission acknowledge receipt of the petition and refer same to the City staff for action. Request permission for firefighters Skip Hougland and Perry Shane to attend Aircraft Crash and Rescue School in Great Fa11s, September 25-29 I An Aircraft Crash and Rescue School has been scheduled to be held in Great Falls on Sept- ember 25-29, 1978 and Training Officer, Dewey Johnson requested permission to send Firefighter's, Skip Hougland and Perry Shane to the five day school. It was moved by Commissioner MacNab, seconded by Commissioner Vol1mer, that Firefighter's, Skip Hougland and Perry Shane be authorized to attend the school and it being in the public in- terest their expenses be paid out of the General fund, and the motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vol1mer, Commis- sioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Request - UNICEF Fund Drive - Sunday, October 29, 1978 A request from the Church Women United for permission to conduct Trick or Treat for UNICEF beginning at about 2 p.m. on Sunday, October 29, 1978, was presented. It was moved by Commissioner Vol1mer, seconded by Commissioner Swanson, that permission to conduct this UNICEF drive be granted. The motion was carried by the fol1owing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab and Mayor Sedivy, those voting No, none. Request by Parking Commission to exceed $5,000.00 limit for demolition and resurfacing project Harry Newlon of the Parking Commission appeared before the Commission to ask for Commission approval of spending a maximum not to exceed $19,500.00 for the demolition, removal and resurfacing of the Warwood-Doig Service Station and the Montana Life Insurance parking lot. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner I MacNab, that the Parking Commission be a110wed to exceed its $5,000.00 limit up to a maximum not to exceed $19,500.00 for the above project. The motion was carried by the following Aye and No vote those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner MacNab, and Mayor Sedivy those voting No, none. Proclamation: a) World Peace Day, September 17, 1978 b) Bozeman Kiwanis Club - October 7, 1978 a) In accordance withthe Spriitua1 Assembly of the Baha'i of Bozeman, Mayor Sedivy proclaimed September 17, 1978, as World Peace Day in the fervent hope that the youth and adults of Bozeman will be motivated to develop within themselves those attributes necessary for the attainment of I " \ t ~~ u'ioJ peace and unity first in their local communities and eventually in the world community. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion endorse the Mayors proclamation, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. I b) Mayor Sedivy proclaimed Saturday, October 7, 1978 as "Kiwanis Day" in Bozeman and urged all citizens to help the Bozeman Kiwanis Club by participating in the Bozeman Kiwanis Karniva1 to make possible continued support of community programs. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Bingo License Application - Bozeman Kiwanis Club - October 7, 1978 The City Manager presented an application along with the required fee from the Bozeman Kiwanis Club for a Bingo Game to be held on October7, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the Bingo license. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Raffle License Application - Gallatin Composite Squadron Civil Air Patrol The City Manager presented an application along with the required fee from the Gallatin Com- posite Squadron Civil Air Patrol for a raffle to be held on October 20, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- I venter, Commissioner MacNab and Mayor Sedivy, those voting No, none. Claims for August The Payroll claims and the general claims for the month of August were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Reports for August The following reports were presented: Building Inspector Police Court The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. I J;17 Certification of Completion - SID's No. ~and 579 The statement of completion of the construction of the Street Paving Improvements in Special Improvement District No. 577 and 579 to the City of Bozeman by Long Construction, in accordance with the plans and specifications as prepared by Thomas, Dean & Hoskins, Inc. , Engineering Con- sultants was presented. This final acceptance does not relieve the contractor of his responsibility for negligence, faulty materials or workmanship within the standard period provided for by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one year period to commence upon final acceptance. D42 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the project be accepted and approved by the City Commission as stated above. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Discussion - re Wessel, Hall & Cowdrey - Utilities services Mr. Glenn Hall of l609 Hillside Lane appeared before the Commission to further discuss the I property just north of Kagy Boulevard and just west of Sourdough. Mr. Halls property does not abut the City at the present time, and there is no likelihood that it will abut the city within the near future. An additional complication is that the exact location of his proposed residence was not entirely without hazard from the flood plain. He is willing to revise the location of his residence in order to take advantage of the highest ground available and to minimize any potential flood damage. Mr. Hall was present to discuss the utility services for this property, and to answer any questions that might arise. The Commission thanked Mr. Hall for discussing this matter with them and advised him that some action would be taken in two weeks. Adjournment There being no further business to come before the Commission, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ~~ ,/J -,~ ;:.---- . ~ ~::y--~~.. ,," ,,' -' --- I EDMUND P. SEDIVY, SR., MAY /_ ~ ~.,.........- ,..' ATTEST: I