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HomeMy WebLinkAbout1987-12-28 13 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 28, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 28,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Stiff, Commissioner Martel, Commission Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. 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 Stiff, seconded by Commissioner Martel. that the minutes of the regular meeting of December 21, 1987 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. - amendin Sections of the Bozeman Municipal Code re reservation ommlSSlon City Manager Wysocki presented Ordinance No. 1252, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1252 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REVISING ORDINANCE NO. 1180 AS CODIFIED IN SECTIONS 2.80.050 AND 2.80.060 OF THE BOZEMAN MUNICIPAL CODE, PERTAINING TO MEMBER- SHIP ON THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION. I The City Manager reminded the Commissioners that this ordinance was provisionally adopt- ed on December 14, 1987 and recommended that it be finally adopted at this time. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Ordinance No. 1252, revising Sections 2.80.050 and 2.80.060 of the Bozeman Municipal Code, to increase the membership of the Historic Preservation Advisory Commission and to change requirements for membership. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Applications for renewal of Beer, Wine and Liquor Licenses for Calendar Year 1988 - various es- tablishments This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1988. A total of 25 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 1988 APPLICANT BEER WINE LIQUOR TOTAL - Albertsons $ 200.00 $ 200.00 $ $ 400.00 American Legion Club 500.00 500.00 I American Pizza Partners dba Pizza Hut 200.00 200.00 400.00 B.P.O.Elks No. 463 500.00 500.00 Chalet Market of Bozeman, Inc. 200.00 200.00 400.00 Conoco Travel Shoppe 200.00 200.00 12-28-87 14 Cross roads Food Center, I nc . dba Community Food Co-op 200.00 200.00 Fraternal Order of Eagles Aerie No. 326 500.00 500.00 Jim Bobls Produce Market 200.00 200.00 400.00 Little Johnls Bar 500.00 500.00 Montana Pizza, Inc. I dba Godfather's Pizza 200.00 200.00 400.00 Mystic Lake Inn 200.00 200.00 400.00 Nester Corporation dba Union Hall Restaurant 200.00 200.00 400.00 Osco Drug, Inc. 200.00 200.00 400.00 Pay less Drug 200.00 200.00 400.00 Red Barn Wine and Cheese Shop 200.00 200.00 400.00 Sa feway Stores, I nc. 200.00 200.00 400.00 Scoop Bar 500.00 500.00 Skaggs Alpha Beta, Inc. dba Buttrey Foods 200.00 200.00 400.00 Strombolils, Inc. 200.00 200.00 400.00 Tee Pee Gas 200.00 200.00 400.00 Topper Motel 500.00 500.00 Valley Greens Restaurant and Lounge 500.00 500.00 The VFW Club 500.00 500.00 I Village I nn Pizza Parlor 200.00 200.00 400.00 TOTAL - 25 applications $10,400.00 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 Vant Hull, seconded by Commissioner Stiff, that the Com- mission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1988 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Appointments to Senior Citizen Advisory Council City Manager Wysocki noted that the Senior Citizen Advisory Council has submitted a pro- posed list of members for the upcoming year. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion appoint the following to the Senior Citizen Advisory Council, as recommended by that body: BOZEMAN SENIOR CENTER Bill Larsen Joe Biggs, Alternate GALLATIN COUNTY COUNCIL ON AGING Harold Dusenberry Jim Taplin, Alternate RETIRED SENIOR VOLUNTEER PROGRAM Ruby Perkins I Cyndi Craig, Alternate RETIRED TEACHERS ASSOCIATION Alice Ridenour THRIFT STATIONS Ken Harman George Puhach, Alternate NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES AI Bown Robert Summers, Alternate 12-28-87 15 AMERICAN ASSOCIATION OF RETIRED PERSONS Torlief Aasheim Christine Henke, Alternate AT-LARGE Willard Harper Robert Howe, Alternate The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I Discussion - follow-up procedure re overdue library books City Manager Wysocki submitted to the Commission a memo from City Attorney Becker out- lining the action which has been taken to date concerning overdue library books, along with a list of those who have not paid their fines or have not returned the books. The City Manager indicated that the City must determine which option is to be the next step, questioning whether the Commission is ready to consider legal action. Mayor Mathre asked how these problems have been handled in the past. The City Manager indicated that former City Attorney Crumbaker-Smith wrote letters to those with past due books; and most of the individuals responded. City Attorney Bruce Becker stated that those on this list are hard core delinquents. He noted that the Library wrote them letters, after which the Library prepared letters for his sig- nature. He indicated that he has sent another letter stating that if they fail to correct the situation, the City plans to bring suit for recovery of damages; and the deadline for response has passed. He noted that about half of those receiving the latest letter have responded. City Manager Wysocki reminded the Commissioners that the City does have money tied up in those books that have not been returned; and failure to return has also caused that volume to be taken out of circulation. He noted the City cannot stop pursuing this matter because that could cause an even greater problem. Commissioner Martel suggested that the timeframe for delinquencies should be shortened, since it becomes more difficult to retrieve the books as more time goes by. I Mayor Mathre asked if a person can check out books if helshe owes a fine. The City Attorney stated that a person is denied check out privileges if he or she has an outstanding fine. Commissioner Stiff stated he does not feel there are adequate monies involved to tie up the City Attorney's time. He noted, however, that he concurs that the matter should be pur- sued and suggested that these fines be turned over to the Credit Bureau for collection. He stated that such action will also appear on an individual's credit rating. Mayor Mathre stated support for that proposal, noting that the City already submits un- paid water bills to the Credit Bureau for collection. Mrs. Edna Berg, representing the Library Board of Trustees, stated that overdue book fines are a universal problem for libraries. She noted that a computerized system would help to address the problem. City Attorney Becker stated two legal options that could be pursued include criminal charges for theft through City Court and civil action through City Court to recover the value of the property. He noted that under criminal action, intent must be shown. He further indicated that civil process is slow moving. Commissioner Martel asked what the library checkout policy is. Mrs. Berg indicated that books can be checked out for three weeks, or one week if the book is popular. She also indicated that one renewal is allowed unless inquiries have been made for the book. Mrs. Berg then stated that this change in policy seems to have eliminated some of I the problems incurred under the prior policy. Commissioner Vant Hull indicated support for pursuing the collection of fines one more step, recognizing that step is to be a legal one. Mayor Mathre stated she is not comfortable with pushing this item into the area of crim- inal proceedings. She noted that she would prefer to send the uncollected fines to the Credit Bureau for their action. Commissioner Martel stated that he feels that following a shorter timeframe for collection of fines could help eliminate the problem, rather than resorting to legal action. He then indi- cated that he does support some type of fOllOW-Up action, noting that to drop the matter now 12-28-87 16 would only create more problems. City Manager Wysocki indicated that this item was placed on the agenda for discussion only; and no action is required. He noted the staff wi II proceed with attempts to collect the fines in the manner it deems appropriate, taking into consideration the Commissioners' comments. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informationll I items. (1 ) The City Manager noted that concern has been expressed by those who organize, as well as those who have attended, the Christmas Stroll about the number of open containers seen. He stated that no waiver of the open container has been requested or granted for this activity; and the staff will work with those organizing the activity to address this problem. (2) The City Manager indicated that he has just received a letter from Mr. Francis Niven noting the various budget figures for 1905. He briefly reviewed those figures with the Commission. (3) Commissioner Martel noted the Commissioners have received copies of a letter to Three Rivers Disposal concerning installation of a transfer station; however, there seems to be no response. City Manager Wysocki stated that the letter to Mr. Fagliano allowed three days for re- sponse from the date of receipt, which gives him until Wednesday to respond. Commissioner Martel then raised the issue of Three Rivers Disposal not using the landfill because the City terminated service due to failure to pay and subsequent action on their part. He suggested that the Commission may wish to discuss how the loss of revenue and use will af- fect that operation. Mayor Mathre suggested that an update on the landfill operation might be a good topic for an orientation session. She noted that if the Commission feels it should be an agenda item, it can request such a discussion after the first of the year. Consent Items I City Manager Wysocki presented to the Commission the following Consent Items: A lication for Gamin License - Em ire, I nc., dba B.lack An us, 520 West en en a I treet - one VI eo draw poker machine - trough une 30, 1988 Claims It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Con- sent Items be approved as listed above, 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 Martel, Commissioner Vant Hull Commissioner Stiff and Mayor Mathre; those voting No, none. Executive session - re personnel At 2:45 p.m., Mayor Mathre called an executive session of the Commission for the purpose of discussing personnel, and requested that all persons except the Commissioners, City Manager Wysocki and the Clerk leave the room. At 5:25 p.m., Mayor Mathre closed the executive session of the Commission and recon- vened the open meeting. Authorize Mayor to sign Employment Agreement with City Manager City Manager Wysocki noted that the Commissioners have received copies of the Employ- ment Agreement, showing those items which have been proposed for change. He then briefly reviewed the proposed changes, which include extending the term of the agreement for two I years, to June 30, 1990; provides for a 2 percent increase in salary; changes the length of severance pay from two months to three months in the case of termination by the City; increases the ceiling on the premium for life insurance coverage; and adds a disability insurance policy. He noted concern has been expressed about the addition of a disability insurance policy and sug- gested that the Commission may wish to add $25.00 to the vehicle allowance in lieu of that pol- icy. Commissioner Martel stated he does not support addition of a disability insurance policy, 12-28-87 17 noting that should be provided by any employee who wishes such coverage. He then indicated that he could support a $25.00 per month increase in vehicle allowance. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion authorize the Mayor to sign the Employment Agreement with the City Manager, as submitted. The following substitute motion was then placed on the floor. It was moved by Commis- sioner Martel that the Commission revise the Employment Agreement to delete the disability in- I surance coverage and add $25.00 to the vehicle allowance, and authorize the Mayor to sign the revised document. The motion failed for lack of a second. The original motion, to authorize the Mayor to sign the document, then carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Discussion - update on possible locations for presedimentation basin City Manager Wysocki stated the staff has reviewed four potential sites for construction of a presedimentation basin. He noted that anyone of the four sites has been determined to be satisfactory and requested that the staff be authorized to begin negotiation process of possible purchase of one of those sites. He indicated the basin may not be constructed for five years; however, there are adequate funds to acquire the property at this time. Following a brief discussion, the Commission authorized the staff to proceed with negoti- ations for possible purchase of a parcel, with final authorization for purchase to be made by the Commission at the appropriate time. Adjournment - 5:47 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the foUowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 12-28-87