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Home My WebLink About1988-12-27 63 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 27, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 27, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Lathrop. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of December 19, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commi ssioner Vant Hul', Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. 1987-88 Audit Exit Conference City Manager Wysocki introduced Brad Monahan and John Hedge of Peat Marwick Main and Company. He informed the Commission that an in-depth Audit Committee Meeting had taken place uti:::; ,Horning which meeting included Mr. Monahan cHid ;vlr. Hedge presenting the audit report for Fisca I Year 1987-88, which has just been completed. Brad Monahan reviewed the various audit documents which were included in the Commis- sioners' pacKets indicating the report is comprised of three sections: the first being an intro- ductory section, the second part is a financial section, and the third part is a statistical sec- tion. He furtllcr Indicated that the opinion of Peat Marwick, found on page 13 of the report, is I an unqudlified or clean opL"lion/vllich means this audit.113! Dcsompared with other governmental or municipality Cludits. Mr. Monahan then referred the Commission to Page 8 of the audit report which illustrates the City of rJozernan1s Certificate of l--\chievement for Exc:lleilce in t-:inancial Reoorting provided by the '_,Jov'crnment Finance Offic~r::.> J-\ssociation of the United Sti'ltes indicating Bozeman is only one of three governmental entities to receive this certificate; the other two are the City of Billings d,Ulne State of .""'ontanCl. ',,'~ further noted tflat tne certificate is be,'lefi::ial to the City in negotiatillg for lower interest rates witn tJO,-lJ issues. :v'lr. Monahan responded to Commissioner \ila rtel' 5 question by 5 tatill(J "entit\l" ,,5 means the City of Bozeul(j(). Director of AdmLlistrativ'~ Servi:::es vii ral G ,~mradt res,)onded to 'Aavor Stiffl; ,lu..,rv J'I statll;) ',1::; department will 0;~ u..:Jdressing those CWlCco'.)3 of tnc rep,:lrt j!1 trl~ ,',~ .I('geme.lt 12ttc,r within the ne/( l :;;U~ vveeks. He stated (;10: 'Hldit :ommittee will .)..; ,.I:>c:ting within thac CI ,,__ ....' ~ consider whether to retain Peat Marwick Main & Company as the City's auditors in the future. Mr. Monahan thanked the Commission and City staff for their continued support. Mayor Stiff informed the Commission that he and Commissioner Hawks attended the Audit Committee meeting this morning and reviewed the report, page by page, with Mr. 1\-10nahan and Mr. Hedge along with Vern Voegele, Miral Gamradt, Peg Biekert, and Jim Wysocki, and thanked ['.ok. Monahan and Mr. Hedge for their time and efforts. He informed the Commission that the Audit Committee1s recommendation was to accept the report and acknowledge its receipt. I It was moved by Commissioner Vant Hull, seconded by CommissionerVlartef to acknowledge receipt and acceptance of the Comprehensive Annual Financial Report for Fiscal Year 1983 as prepared by Peat Marwick Main & Co. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull , Commissioner Ma rtel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 12-27-88 64 Discussion - possible initiation of zone code amendment to allow foundries as a conditional use in the M-l zone City Manager Wysocki submitted to the Commission a memo from the Planning Staff con- cerning a zone code text amendment to allow foundries as a conditional use in the M-l zone re- ferring to upcoming, massive changes in the zone code; he further informed the Commission that staff must receive their direction from the Commission to develop a zone code amendment. He also informed the Commission that the staff is working to create a proposal for interim zoning for I the M-l District. Commissioner Hawks requested a brief description from Andy Epple, Director of City- County Planning Department, on performance zoning. Mr. Epple then explained that performance zoning is most likely compared to the conditional use process only with expanded conditions thus allowing a wider range of use proposals to be thoroughly considered on a site-specific basis. Commissioner Martel stated his reluctance to move for a zone code amendment under the circumstances. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks to direct staff to prepare a zone code amendment to allow as a conditional use, foundries in the M-l, commer- cial--Iight manufacturing, District. The motion failed by the following vote: thosing voting Aye being Commissioner Goehrung and Commissioner Hawks; those voting No being Commissioner Vant Hull, Commissioner Martel and Mayor Stiff. Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1989 - various establishments This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1989. A total of 21 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establishments which have made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1989 APPLI CANT BEER WINE LIQUOR TOTAL I - Albertsons 200 South 23rd Avenue $ 200.00 $ 200.00 $ $ 400.00 Ashland Oil, Inc. dba Super America 119 North 7th Avenue 200.00 200.00 400.00 The Avellino 1235 North 7th A venue 500.00 500.00 Baldy Mountain Ski & Bike 621 Bridger Drive 200.00 200.00 400.00 Banana Bay Bar & Grill 2825 West Main Street 500.00 500.00 B.P.O.Elks Club No. 463 106 East Babcock Street 500.00 500.00 Bridger View Conoco 1417 North 7th Avenue 200.00 200.00 Casa Sanchez 719 South 9th Avenue 200.00 200.00 400.00 Colombo's Pizza & Pasta 1003 West College Street 200.00 200.00 400.00 Conoco Travel Shoppe 1325 East Main Street 200.00 200.00 I F.O.E. Club #326 316 East Main Street 500.00 500.00 Kagy Korner 1809 South Tracy A venue 200.00 200.00 400.00 King Gallatin Corporation dba Rocky Mountain Pasta Co., Bacchus Pub, Robin Lounge 105 West Main Street 500.00 500.00 12-27-88 65 Payless Drug Store 2825 West Main Street 200.00 200.00 400.00 Red Barn Wine and Cheese Shop 1534 West Main Street 200.00 200.00 400.00 Safeway Store #289 901 West Main Street 200.00 200.00 400.00 I Skaggs Alpha Beta, Inc. , dba Buttrey Food/Drug #3834 1601 West Main Street 200.00 200.00 400.00 The Store 1210 East Main Street 200.00 200.00 400.00 Stromboli's, Inc. 19 Tai Lane 200.00 200.00 400.00 Town Pump No. 1 803 East Main Street 200.00 200.00 Willie's Saloon 1332 East Main Street 500.00 500.00 TOT AL - 21 applications $ 8,400.00 The City Manager recommended that the Commission approve the applications for renewal of Beer, Wine and Liquor Licenses as listed. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1989 for the various establishments as I isted above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull , Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I Discussion - budgeting of monies for purchase of complimentary pooper scoopers City Manager Wysocki informed the Commission at the Mayor's request of the staff's un- derstanding of the enforcement of the dog and cat licensing which may include a door-to-door canvassing in conjunction with the efforts of the Humane Society for the sale of licenses. That to accomplish this goal, a budget amendment included in the mid-year process would be neces- sary as an adjustment to the Police budget. Mayor Stiff clarified the purchase of half the original amount, and answered Commissioner Martel's question by responding that this action simply indicates from where the funds will come. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to direct staff to prepare a budget amendment for the Police budget for the mid-year budget amendment pro- cess. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - possi ble revisions to Employment Agreement between the City and City Manager Wysocki City Manager Wysocki presented to the Commission an Employment Agreement between the City of Bozeman and James E. Wysocki indicating those areas noted by dashes over crossed out information and underscored new information and attached to it is a recap of benefits which was requested by Commissioner Hawks. Mayor Stiff indicated he and the City Manager went through the Agreement line by line I stating the salary increase is the same as was given to the employees city wide. The deferred compensation is a percent of the total salary; the life insurance benefit is somewhat higher due to a premium increase; disability insurance is the amount that is allowable through Mr. Wysocki's membership in his professional organization; the remaining benefit items are those enjoyed by all City employees. Commissioner Vant Hull, being a member of the Commission at the time the City Manager was hired, was called upon by Mayor Stiff to recollect the original basis for the automobi Ie al- lowance. Following considerable discussion, the Commission concurred with the stated automobile allowance. 12-27-88 66 Commissioner Martel noted that the American Automobile Association indicates it costs 40~ per mile to own/operate an automobile. Mayor Stiff recounted the wage levels since Mr. Wysocki's employment in 1984, indicating last years' wage at $46,464 which is $34 less than when he left Grand Junction. Commissioner Hawks further clarified that quantifiable benefits in addition to the base sa 1- ary listed above include: $4,740 deferred compensation; vehicle allowance of $1,500; life insur- ance of $1,080; disability insurance of $288; and medical insurance of $2,400. The tota lis some- I what over $10,000, bringing the grand total to about $57,400 plus severance pay and other nor- mal employee benefits. City Manager Wysocki then clarified the proposed changes as follows: under Item 2, add " Forty-seven Thousand Four Hundred Dollars ($47,400)" and "Three Thousand Nine Hundred Fifty Dolla rs ($3,950)"; item 4 remains the same, "three (3)"; Item 7 remains the same, "ten percent (10%)"; Item 8, "One Hundred Twenty-five Dollars ($125.00); Item 9b, "One Thousand Eighty Dollars ($1,080.00)"; Item 9c, either the status quo of One Thousand Nine Hundred Dol- lars ($1,900.00) and Two Hundred Sixty-six Dollars ($266.00) or "Two Thousand Dollars ($2,000.00)" and "Two Hundred Eighty-eight Dollars ($288.00)" dependent upon the forthcoming figures from I CMA; Item 12 b remains as indicated; Item 14 remains as indicated; Item 15 remains as indicated. Mayor Stiff made note that the City employees have only received a one and one-third percent increase each year over the last three years and he urges the City make every effort to address this neglected situation. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the salary and benefits as presented for the City Manager in 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1274 - Salary Ordinance for the City Manager for Calendar Year 1989 I The City Manager presented Ordinance No. 1274, as approved by the City Attorney, en- titled: ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZE- MAN AS REQUIRED BY LAW. City Manager Wysocki indicated those figures of $47,400 and $3,950 respectively should replace those figures crossed out stating the Commission may provisionally adopt this ordinance and bring back in two weeks for final adoption. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally approve Ordinance No. 1274 fixing the monthly salary and official bond of the City Manager and bring back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Snow Removal memo from Director of Public Service Forbes, re private property owners depositing snow in public streets. (2) Zoning Commission agenda for their meeting of December 27, 1988 at 7:00 p.m., I Bozeman Public Library. (3) Receipt of letter by Commissioner Martel from Mr. C. W. Reitsch, 2007 S. Tracy Avenue regarding snow rem ova I. Commissioner Vant Hull suggested adding snow removal to those areas that have existing Sweeping Districts, such as downtown, who request it. (4 ) City Manager Wysocki referred to the removal of fuel tanks taking place across the street at the Conoco station stating this was being done to comply with new Federal regulations on abandoned underground fuel tanks. 12-27-88 61 (5) City Manager Wysocki asked the Commission to consider appointing a land purchase committee whose function would be to consider on behalf of the City inquiries to possible City ownership of available ground. The consensus was to place this item on next week's agenda. (6) Commissioner Hawks commented that this year's snow fall is above average, the City is not dealing with a severe ice problem at intersections, in fact we seem to be coping fair- ly well. Commissioner Hawks commented favorably as to the City's efforts in maintaining weIl- I sanded intersections and Commissioner Martel concurred. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize Call for bids - one pumper truck for the Fire Division (special voted mill levy) Claims It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission approve the Consent Items as listed, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Adjournment - 3:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: MARY CAIN LATHROP Acting Clerk of the Commission I 12-27-88