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HomeMy WebLinkAbout1988-01-04 20 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 4, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 4, 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 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 items listed under Consent Items be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of December 28, 1987 be approved as amended. 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. Capital 1m rovement Pro ram for the peri- City Manager Wysocki presented Ordinance No. 1253, as reviewed by the City Attorney. entitled: ORDINANCE NO. 1253 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD JULY 1. 1987 TH ROUGH SEPTEMBER 30, 1988. The City Manager reviewed the items contained in the ordinance for the new Commission- I ers. He noted that the tentative appropriation ordinance was adopted on November 30; and the public hearing was held on December 21, 1987. The City Manager indicated that, as a result of discussions conducted during the public hearing, the Wheat Drive lift station has been moved up in priority and has been included in this appropriation ordinance. He then reminded the Com- missioners that this appropriation ordinance covers a fifteen-month period to place this bud- getary process on a different schedule from that for the basic appropriation ordinance. Commissioner Vant Hull briefly reviewed the history of this lift station, noting that the sewer lines were designed for office development; however, restaurants and hotels were con- structed instead. She then suggested that the City Attorney be asked to review the matter to determine if a portion of the costs of upgrading the facility could be passed along to the exist- ing businesses. City Manager Wysocki stated that the sanitary sewer system was developed to accommodate the type of development anticipated, as was the City's policy at that time. He noted that the existing businesses have already participated in a special improvement district to construct those services; and he does not feel they can be asked to bear additional costs for upgrading of the system due to lack of design capacity. Commissioner Martel noted that this project would not only correct a problem, but it would also expand the area which could be serviced by the City's system. The City Manager indicated that at the time additional properties wish to hook onto the sewer line, a hookup fee will be charged; and the City will be able to recoup a portion of the costs incurred in this project. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Ordinance No. 1253, the appropriation ordinance for the Capital Improve- ment Program for the period July 1, 1987 through September 30, 1988. 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. 01-04-88 21 Conservation Capital Improvement City Manager Wysocki presented Ordinance No. 1254, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1254 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSERVATION CAPITAL PROJECT ITEM EXPENDITURES FOR THE PERIOD JULY 1, 1987 THROUGH SEPTEMBER 30, 1988. The City Manager reminded the Commissioners that the tentative appropriation ordinance was adopted on November 30; and the public hearing was held on December 21, 1987. He then briefly reviewed the three rebudgeted items contained in the ordinance. He also reminded the Commission that the staff has suggested that this program be closed into the capital improvement program next year, with any future energy conservation projects competing with the other capi- tal improvement projects. He noted that any feasible energy conservation project with a good payback will be considered during future budgeting processes. Mayor Stiff noted the Commission may wish to consider increasing the amount transferred from the undesignated reserve to the capital improvement program if this program is closed and the unexpended gas and electric monies are placed in the undesignated reserve. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission adopt Ordinance No. 1254, the appropriation ordinance for the Energy Conservation Capi- tal Improvement Program for the period July 1, 1987 through September 30, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Goehrung. Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No. none. I Ordinance No. 1255 - Salary Ordinance for City Manager for Calendar Year 1988 City Manager Wysocki presented Ordinance No. 1255, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1255 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 REQU I RED BY LAW. The City Manager reminded the Commissioners that a new employment agreement was ap- proved at last week's meeting. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks. that the Com- mission provisionally adopt Ordinance No. 1255. establishing the City Manager1s salary for calendar year 1988, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - guidelines for ad hoc committee to review the business license ordinance City Manager Wysocki noted that included in the packets were copies of a memo from the staff, dated December 21, 1987. as well as a memo from Commissioner Martel, dated December 12, 1987, concerning possible composition of the proposed ad hoc committee. although they had been presented to the Commission during prior meetings. I Mayor Stiff suggested that the Commission determine the size and com~osition of the ad hoc committee first, then determine the metes and bounds under which the committee is to oper- ate. Commissioner Goehrung suggested that the Chamber of Commerce and the Downtown Boze- man Association be asked to nominate a representative. He noted that this would allow a minor- ity of the membership to represent the major business groups in the community. The Commissioners then discussed the number of persons that should be appointed, con- curring that at least five business owners or operators would be needed to provide a good re- presentation of a cross section of the business community. They further concurred that a simi- 01-04-88 22 lar number of general citizens should be included on the committee to provide a balance. They indicated that those appointees could include some of those from professions which are specifi- cally exempted from the business license ordinance by State statute as well as representatives from areas which might be affected by a new licensing ordinance. Mayor Stiff asked if representatives of the City staff should be included on the committee and whether those members should have voting rights. I Following discussion, the _Commissioners concurred that City staff members should not be members of the committee. They did note, however, that the committee could obtain information from the staff as needed. Commissioner Martel asked if the Commission should establish a specific makeup of the commi ttee . He then expressed concern that it may be difficult to find four or five at-large re- presentatives of the community who are willing to serve on the committee, while the business re- presentatives have a real vested interest in a good ordinance. He then indicated that since the committee is strictly advisory, he does not feel that business people would encounter a conflict of interest. Commissioner Martel then noted that the business community has not expressed reluctance to pay a license fee; however, the amount of the license fee and how it is used are concerns which have been expressed. He indicated that he views the committee as a fact finding body that would review information and submit a recommendation for Commission consideration. Commissioner Vant Hull stated she feels that the committee must consider the welfare of the City as well as the business community. She noted that care must be taken that this does not become a special interest which is subsidized by the City. Mayor Stiff asked if the Chamber of Commerce has addressed this issue. Ms. Daria Joyner, Executive Vice President, stated that the Board will meet next week; and she plans to submit information to them concerning this item. She noted that the Govern- ment Affairs Committee would like to participate in this process. B rea k - 3: 28 to 3: 36 p. m . I Mayor Stiff declared a break from 3:28 p.m. to 3:36 p.m., in accordance with Commission policy established at their regular meeting of March 14. 1983. Discussion (continued) - guidelines for ad hoc committee to review the business license ordinance City Manager Wysocki reminded the Commissioners that several problems arise when basing a business license fee on square footages only, citing lumber yards. car dealerships and trans- portation firms as examples. Commissioner Vant Hull suggested that a separate application form be prepared for this committee so that additional pertinent information can be sought. She noted this could help the Commission during the appointment making process. The Commissioner then indicated she does not wish to develop definite categories for membership because the Commission has found that such action could result in problems with finding qualified candidates. She noted that the Com- mission should leave the membership more open and address representation through its appoint- ments. Commissioner Hawks expressed concern about finding an adequate number of at-large citi- zens who are sufficiently motivated to serve on this committee. He noted that to include busi- nesses exempt from business license fees as well as retired consumers could help address this concern. The Commissioner then expressed interest in having the Chamber submit recommenda- tions, noting that to have such members could help ensure that the committee's recommendation will be acceptable to the business community. I Commissioner Vant Hull asked if the Commission wishes to appoint a Commissioner Liaison to this committee. Following a brief discussion, the Commissioners concurred that such an appointment could impede the progress of the committee. They further noted that the committee could be requested to provide progress reports to the entire Commission. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission establish an ad hoc committee of ten persons to review the business license ordinance; and that the composition of the committee include representatives from the business community as 01-04-88 23 well as the community at large, with specifics of that composition being determined after review of the applications received. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Mayor Stiff requested that a discussion concerning the metes and bounds for the com- mittee be placed on next week's agenda. I Appointment of Commission member to the Audit Committee, effective February 1, 1988 Mayor Stiff noted that former Mayor Mathre has been a member of the Audit Committee. He stated that the audit report for Fiscal Year 1986-87 has just been completed; and the Audit Committee will be reviewing that document shortly. He then indicated that he has asked former Mayor Mathre to serve on the Committee until after the exit conference has been completed; and she has indicated that she is willing to do so. The Mayor then suggested that the Commission appoint a Commissioner to replace former Mayor Mathre so that the new member may also attend the Audit Committee meetings, as a non- voting member. Commissioner Vant Hull noted that in the past the Mayor and Mayor-Elect have served on the Audit Committee and expressed a desire to retain that pattern. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that Commis- sioner Hawks be appointed to replace former Mayor Mathre on the Audit Committee, effective Feb- ruary 1, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those vot- ing No, none. Commissioner Hawks abstained. Selection of Mayor Pro Tempore Mayor Stiff stated that State statute requires that the Commission select a Mayor Pro Tempore to serve in his absence. He noted that in the past, the Mayor-Elect has usually served I in this capacity. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission select Commissioner Hawks to serve as Mayor Pro Tempore. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. Waiver of payment for special meeting Commissioner Martel stated that he feels the Commission overlooked a motion to waive pay- ment for the special meeting to reorganize the Commission, which was held at 10: 00 a. m. today. He indicated reluctance to accept payment for the meeting, which was ceremonial, even though it is required. Mayor Stiff stated that, although the Commission has waived payment for special meetings in the past, it has never waived payment for the reorganizational meeting. Commissioner Goehrung asked how much problem his voting on this matter would create, especially since he was not seated as a Commissioner at the time action on this item normally would have been taken. City Attorney Becker stated that the Commission as it existed prior to 10:00 a.m. should have made the decision on this issue. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive payment for the special meeting held this morning for the purposes of reorganizing I the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commis- sioner Hawks and Commissioner Goehrung abstained. General Discussion City Manager Wysocki stated that Mayor Stiff requested this item be placed on the agen- da. He then distributed to the Commissioners copies of the rules of procedure under which the Commission is currently operating. The City Manager noted that the Commission had begun revising the rules of procedure 01-04-88 ------------- 24 but has not yet completed that process. He stated that one item which should possibly be in- cluded in that document is the system of rotating motions and seconds so that all Commissioners become involved. Mayor Stiff stated that he had several items in mind when he requested this item be placed on the agenda, including (1) work sessions, (2) orientation sessions for the new Commis- sioners, (3) rules of procedure, and (4) the goal setting process. The Mayor suggested that the Commission set aside Monday afternoons from the end of I regular business to 5:00 p.m. on public hearing nights and 6:00 p.m. on other afternoons dur- ing January and February to begin orientation sessions. He further suggested that the fifth Mondays, which occur in February, May, August and October this year, be set aside in a work session type of format. Commissioner Vant Hull suggested that a topic of discussion could be listed for each fifth Monday, with the public being requested to attend and discuss the matter. She indicated if this approach is utilized, the topic should be determined ahead of time so that the necessary prepar- ations can be made. Commissioner Goehrung asked if the fifth Monday meetings would be held in the evening if public discussions were to be held. Commissioner Vant Hull indicated that she had anticipated those meetings would be held in the afternoon; but she would be receptive to an evening meeting if necessary. Mayor Stiff noted that orientation sessions, including presentations from the various di- visions, are also needed within the next few months. Commissioner Martel suggested that on-site tours of the various facilities could be very beneficial to the new Commissioners. City Manager Wysocki stated that on-site tours could be supplemental to the presentations made by the division heads during orientation. He noted that not everyone will want to go on those tours; and the Commissioners should have the same basic information. Commissioner Vant Hull noted that when the orientation sessions were held six years ago, she felt they were invaluable. She also indicated that these sessions provide a refresher for I carry-over Commissioners. Mayor Stiff asked if the Commission should consider setting aside one meeting each month to operate in a work session type setting. Commissioner Vant Hull stated that might be a good idea; however, she suggested that the Commission wait until after the orientation sessions have been completed to consider the possibility. The Commissioners concurred that they would discuss this item further after the January and February meetings have been completed. Mayor Stiff suggested that discussion on the rules of procedure be continued until next week to allow the new Commissioners an opportunity to review the document. The City Manager suggested it may be better to defer action until the staff has had an opportunity to review the document, taking into consideration the revisions which had been pre- viously discussed. He noted this item would come back to the Commission as soon as possible. Commissioner Hawks indicated he has several items for discussion, as follows. (1) He feels it is important for the Commissioners to receive the agendas for the Board of Adjustment as well as the City-County Planning Board and Zoning Commission. (2) Streamlining of the review process. He noted the Planning staff has ordered a book on this subject, which he wants to re- view. (3) An analysis of why Commission meetings are held when they are, for the public's bene- fit as well as his own. Commissioner Goehrung stated he feels there is expertise in the community as well as at the University which could be utilized in various situations. He noted that some of the Uni- versity students are interested in internships or in possibly doing research; and this might be a I way in which the City could gather needed information. In response to a question from Mayor Stiff, the Commissioner indicated that in some cases, no costs would be incurred; and in others compensation may be necessary. Commissioner Martel stated that caution must be exercised when contracting for this type of service. He noted that the individual must have some expertise in the field to generate accu- rate information. 01-04-88 25 Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of a letter from Jane Jelinski, Chairman of the PCC, to the State Highway Department requesting that a signal light at Main Mall be included in the Bozeman West project. (2) A copy of a newspaper article concerning Mayor Kurkowski leaving office in Miles I City, as submitted by Commissioner Vant Hull. Commissioner Vant Hull stated the newspaper article indicates that Miles City has estab- lished street maintenance districts. She noted that the number of cities implementing main- tenance districts is increasing; and such a mechanism allows non-profit organizations and gov- ernmental entities to participate in those costs. (3) A copy of a newspaper advertisement indicating that dog licenses are due and pay- able, as submitted by Commissioner Vant Hull. Commissioner Vant Hull suggested that the Commission may wish to review the license fees prior to issuance of dog licenses next year. She also noted that she has received several com- plaints about the number of dogs at large. Commissioner Martel stated a large number of dogs within the city limits are not licensed. (4) Commissioner Vant Hull stated she has also received several complaints about office workers along Main Street parking on the street, thus taking away parking spaces for patrons of the retai I establ ishments. She suggested it may also be time to consider increasing the fines for overtime parking tickets. (5) Commissioner Vant Hull distributed to the Commissioners copies of some newspaper articles she had received from Ms. Sandra Covan concerning solid waste and information on incin- eration versus recycl ing . She suggested this may be a topic upon which to conduct a public dis- cussion to gather additional information. Consent Items I following Consent Items: Korner, 1809 South It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Con- sent Items be approved as I isted 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 Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. - This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Lone Mountain Gymnastics, Inc., for James Caffrey to allow a gymnastics center to occupy an existing structure on Lots 1 through 5 and Lots 28 through 32, Block 104 of the North- ern Pacific Addition to the City of Bozeman. The building is more commonly located at 810 North Wallace Avenue. City Manager Wysocki noted that this public hearing was scheduled for 7:00 p.m. today; however, in the above agenda item, the Commission acknowledged receipt of and approved the I applicant's request to continue this public hearing to January 18, 1988. Adjournment - 5:30 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 01-04-88 26 Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I I 01-04-88