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HomeMy WebLinkAbout1988-01-11 27 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 11, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 11,1988, 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 special meeting of January 4, 1988 be approved as submitted. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of January 4, 1988 be approved as amended. 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. Exit Conference for audit for Fiscal Year 1987 City Manager Wysocki stated that the auditors were unable to travel from Billings to Boze- man this morning due to the weather. He noted that the staff will try to reschedule this item for next week. I Selection of applicant for Community Development Block Grant economic development monies City Manager Wysocki submitted to the Commission a letter from the CDBG Loan Review Committee recommending that the City sponsor an application for Community Development Block Grant economic development monies on behalf of I LX Lightwave Corporation. Mr. Scott Heck, member of the Loan Review Committee, stated that the Committee re- viewed an extensive application from I LX Lightwave Corporation as well as a letter application from Lattice Corporation. He indicated that the Committee spent several hours, over a period of three days, reviewing the applications and decided that the I LX application would be more compet- itive. Mr. Heck then noted that applications are to be submitted by Gallatin County, the City of Belgrade and the Town of Manhattan. He indicated that only $575,000 is available for this round of applications; therefore, the City must submit the most competitive application possible to be successful. I n response to a question from Commissioner Vant Hull, Mr. Heck stated that the Commit- tee did contact Lattice Corporation; and they have indicated an interest in pursuing an appli- cation during a future application period. He noted they are not ready to proceed with a com- petitive application at this time. City Manager Wysocki noted that the application from I LX Lightwave Corporation is for a grant, which would be repaid to the City; and the proceeds could then be used for another CDBG eligible project. I Scott Heck stated he feels it is important for the City to submit a competitive application for CDBG monies during each application period. He feels that the federal monies will not be made avai lable to municipalities for much longer; and the City should attract as many of those dollars as possible. Mr. Heck then indicated he feels it is important for the City to have a staff member who is qualified to write a successful grant, in the format which is acceptable to the State of Montana. City Manager Wysocki stated that Mr. Johnson, owner if I LX Lightwave Corporation, has indicated a willingness to meet with interested persons to explain the program, which will en- hance his application. 01-11-88 28 Mr. Larry Johnson, owner, stated that he has been seeking private funds to match the requested CDBG monies; and he foresees no problems in obtaining that funding. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the City sponsor the application for Community Development Block Grant economic development monies sub- mitted by I LX Lightwave Corporation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. I Request for authorization to expend monies from special voted mill levy for fire truck City Manager Wysocki submitted to the Commission a memo requesting that the staff be authorized to expend monies from the special voted mill levy for purchase of a fire ladder truck, along with a memo from Fire Chief Allen Shearman explaining the need for a new "Jaws of Life." The City Manager reminded the Commission that the voters authorized a special two-year voted mill levy for the purchase of a fire ladder truck. He noted that the truck and most of the accessories have been purchased; and after the fund has served its purpose, the State stat- ute provides that it is to be closed into the General Fund. The City Manager stated it is an- ticipated that the fund will have an approximate balance of $25,000 after all of the accessories have been acquired, due to less interest costs than anticipated and revision of the specifications on equipment to complete the unit. He indicated that he feels the remaining monies would be more appropriately spent on other fire-related equipment, citing purchase of a new Jaws of Life unit and refurbishing the pumper truck as important items. Administrative Services Director Gamradt stated that the City has received three of the semi-annual installments on the special voted mill levy and will receive the fourth after the May 1988 taxes have been collected. He indicated that after those monies have been received and all of the expenditures have been made, the Commission can then close the fund into the General Fund, then appropriate those monies for a specific purpose. He noted there is an immediate need for the Jaws of Life; and the residual monies from the special mill levy could be appro- priated for that use after the fund has been closed. He stated the remaining monies could be I appropriated toward refurbishing of the pumper truck, noting that additional monies would be necessary to complete that project. Fire Chief Allen Shearman stated that the current Jaws of Life was purchased by the County fifteen years ago; and the City acquired them four years ago. He indicated that the Jaws has four functions: (1) a spreader to open car doors or lift a roof; (2) scissors to cut the top or door off; (3) a ram to lift a vehicle off someone; and (4) a chain to pull a steering wheel away to unpin someone. The Chief noted that only one of those four functions--the scissors--is operational; and the equipment cannot be repaired. He noted that the unit produces 5,600 pounds of pressure to operate the various functions; and that creates stress on the movable parts through use. Fire Chief Shearman indicated that he has approached the County Commission for financial support in replacing the unit; and they have already authorized expenditure of up to $4,600, based on a $9,200 total cost, for purchase of a new unit. He then suggested that the City Com- mission may wish to authorize expenditure of a like amount. He then stated that he has located a demonstrator model; and if the Commission authorizes expenditure of monies, he can contact the company and have the new unit here by Thursday or Friday of this week. He indicated the old unit would then be placed on the reserve line. The Fire Chief stated that he feels this equipment is necessary, since the Fire Department does respond to emergency situations on a regular basis; and they have the equipment to address the accident situation. City Manager Wysocki stated that the General Fund does have adequate monies to cover the costs of immediate purchase of the Jaws of Life; and the monies can then be reappropriated I at the time the special fund is closed. Mayor Stiff indicated concern with combining the purchase of Jaws of Life with reallo- cation of the residual proceeds from the voted mill levy. He then suggested that the agenda item be split prior to Commission action. The Mayor further asked that cost estimates on re- furbishing of the pumper truck be submitted to the Commission as soon as they are available. Following discussion, the Commissioners concurred that immediate purchase of a new Jaws of Life is imperative, noting that a funding source can be addressed during the mid-year or third quarter budget review if the Fire Division budget unit incurs a deficit due to this pur- 01-11-88 29 chase. The Commissioners further concurred that the possibility of appropriating the remaining monies toward refurbishing of the pumper truck would be more appropriately discussed at the time the fund is closed. City Manager Wysocki encouraged the Commissioners to consider retaining the residual monies for fire equipment purposes, especially since that was the purpose for which the voters approved the special mill levy. He then reminded the Commissioners that the five-year capital I improvement program suggests that a voted mill levy for purchase of a new pumper truck be placed on the ballot in November 1988. He indicated that refurbishing of the existing pumper truck would cost substantially less than purchase of a new vehicle and could defer the need to seek a new voted mill levy for several years. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission authorize the purchase of a new Jaws of Life immediately, with discussion on use of the residual monies from the special voted mill levy to be deferred until after the fund is closed. 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. Request for permission to tie onto City's sewer service system - James W. DeCosse, 27489 Fron- tage Road City Manager Wysocki submitted to the Commission a request submitted by James W. DeCosse, 27489 Frontage Road, for permission to tie onto the City's sewer service system. He noted that Mr. DeCosse's property lies along the sewer trunk line that runs to the Waste Water Treatment Plant and is located within the sewer service district. He then noted that all requests for permission to tie properties located outside the city limits but within the sewer service dis- trict onto the sewer system must be acted upon by the City Commission. The City Manager stated that Mr. DeCosse has executed the required waiver of protest for annexation as well as a waiver of protest for the creation of special improvement districts. I He noted that City Engineer Forbes has reviewed the request and recommended approval, with the service to be installed in accordance with specifications acceptable to that office. He then reminded the Commissioners that one of Mr. DeCosse's neighbors has previously received ap- proval to tie onto the sewer line. City Manager Wysocki stated that Mr. DeCosse will be responsible for all costs incurred in tying onto the City's sewer service; and he will also be required to pay a monthly sewer bill for use. Commissioner Vant Hull noted that the City has a study completed by Brown and Cald- well, completed a few years ago, which provides for charging of hookup fees. She then sug- gested the possibility of implementing such fees in two stages, the first for those properties lo- cated outside city limits and the second .for those properties located within city limits. She then indicated a desire to have such a discussion placed on an agenda in about four months. Commissioner Martel noted that within the city limits, the sewer charge is based upon water usage. He then asked how the monthly fee is to be established for this property. Administrative Services Director Gamradt indicated that the City Engineer establishes the sewer use fee in such instances; and that fee is usually a flat rate based on an average of simi- lar residences located within the city. The City Manager recommended approval of the request submitted by Mr. DeCosse for per- mission to tie onto the City's sewer service system. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve the request submitted by James W. DeCosse for permission to tie his property I located at 27489 Frontage Road onto the City's sewer service system. 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. Appointment to Board of Appeals City Manager Wysocki submitted to the Commission a memo from Clerk of the Commission Sullivan listing one applicant who qualifies to serve on this board. He then recommended that the Commission make an appointment at this time, because the Board is meeting tomorrow night to consider a request and would like a full memberShip. 01-11-88 30 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission appoint Bill Roller to replace Charles Fell on the Board of Appeals, with a three-year term to expi re on December 31, 1990. 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. Break - 3:02 to 3:09 p.m. I Mayor Stiff declared a break from 3:02 p.m. to 3:09 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion - guidelines for ad hoc committee to review the business license ordinance City Manager Wysocki reminded the Commission that they had begun discussion on the com- position of and guidelines for the ad hoc committee to review the business license ordinance at last week1s meeting. He then indicated that Commissioner Vant Hull has prepared a list of sug- gested guidelines, which she has just submitted to the Commissioners for consideration. Commissioner Vant Hull suggested that the Commissioners review her suggestions to de- termine if there is a consensus. She stated that she feels it is important for the committee to have guidelines so that their work and subsequent recommendation are successful. She noted that if the committee has an indication of the Commission's philosophies and expectations, it should help alleviate potential problems and frustrations. Mayor Stiff stated he feels minority reports could be beneficial. Commissioner Hawks stated concurrence, noting that a consensus glosses over differences of opinion. He noted that minority reports could provide points for consideration that could be helpful in later Commissioner deliberations. Mayor Stiff stated he feels the City staff, rather than the committee, should be respon- sible for determining the amount of revenue necessary to cover costs, noting that they have the information available. He noted that information could then be submitted to the committee for consideration during their review of the business license ordinance. I Commissioner Hawks stated that he feels that the business license operation must stand on its own; and if the City can justify direct regulatory expenses, the fees are appropriate. He noted if that results in a reduction in overall revenues from this source, the City must then make adjustments accordingly. He stated that until the necessary information is available, he does not feel that any discussion of fees is meaningful. Commissioner Martel noted it is important for both the City and the committee to observe State statutes when reviewing the business license ordinance. Commissioner Goehrung noted the City may be providing services that the committee deems are not necessary or may not be providing services that they deem are necessary. He stated those items must be taken into consideration when determining the total revenues neces- sary for the business license operation to stand on its own. Ms. Terri Sullivan indicated that she has been nominated by the Downtown Bozeman Associ- ation to represent that group on the committee. She noted that the downtown business com- munity has many questions and concerns; and any guidelines from the Commission, no matter how loose or how tight, will be helpful. She stated the City has been studying this item for a long time; and she feels that any staff input would be valuable to the committee. Commissioner Vant Hull stated that a representative from the Chamber of Commerce has indicated to her that an orientation session on the legalities and financing aspects would be important for the committee; and any guidelines would be helpful. Commissioner Goehrung suggested that the guidelines for the committee could be submitted as a series of questions to be answered. He noted that once the Commission receives that infor- I mation back from the committee, it can then make the necessary decisions. Commissioner Hawks stated it is important for the committee to know how the Commission feels before those questions are asked. Mayor Stiff asked if there is any legal justification for establishing a separate inspection fee and business license fee, and further asked if that could be a possibility. City Manager Wysocki suggested that the Commissioners appoint a two-member sub-commit- tee to work with City staff in preparing a proposed set of guidelines for further consideration. Commissioner Hawks suggested that the Commission review each of the three papers which 01-11-88 31 they have received to date, determining if there is a consensus on whether to keep or reject the various suggestions. He noted that such input could be helpful to the sub-committee when devel- oping another set of proposed guidelines for Commission consideration. The Commissioners then reviewed the three proposals, suggesting that the City staff paper be used as a basis, with portions of the proposals submitted by Commissioner Martel and Commissioner Vant Hull being incorporated. I City Manager Wysocki stated it is important for the committee to review the entire or- dinance. He noted that several of the sections may not need any revision; but they should be reviewed. Mayor Stiff asked Commissioner Vant Hull and Commissioner Goehrung to work with the City staff on a new draft of guidelines for consideration at next week's meeting. Orientation Session City Manager Wysocki distributed to the Commissioners a list of updated departmental goals for the Police Department. Police Chief George Tate presented his report, reviewing the purpose of a police de- partment, the divisions within the department, training required for a police officer, and the goals for the department. He noted that four schools are mandated for each officer: (1) a 10- week basic academy course during the first year; (2) an intermediate course during one of the first three years; (3) a legal school; and (4) an advanced course. He stated there are several specialized courses in which the officers are encouraged to participate whenever possible. The Chief also indicated that police officers are required to qualify in firearms, including hand guns, shot guns, automatic weapons and gas weapons. He noted that if a weakness is found in an individual, the range officer works with him to overcome it. Chief Tate stated the department currently has 26 sworn officers, including himself; and 6 full-time equivalent civilian employees, including 3 full-time dispatchers, 3 part-time dispatch- ers, 1 half-time secretary, and 1 animal control officer. He indicated that two of the sworn of- I ficers do serve in the detective division, which is responsible for investigations; and they are swamped. The Chief indicated that the police officers are currently addressing the Buttrey's park- ing lot problem. He noted that the shopping center pays $10.00 per hour for an officer to pa- trol the lot for three hours on Friday and Saturday nights, with the City providing the equip- ment and covering any additional costs. He stated that several arrests have been made and ci- tations issued; and the problem seems to be in check. Chief Tate stated that the possibility of developing a police reserve force has been re- searched; however, the increased liability insurance costs to the City create a concern. Also, scheduling could become a problem. The Chief stated that the police currently have a firing range at the landfill site; how- ever, it cannot be used for nighttime shoots because of complaints from neighboring farmers. He noted the range is necessary to provide the officers with a practice area and for the quali- fying shoot, which takes approximately 30 hours of preparation. He noted that one officer is the primary range officer; and three or four others are also trained to serve in that capacity. The Chief of Police then responded to questions from the Commissioners concerning vari- ous activities in the department, including bicycle licensing and recovery, recovery of stolen property, parking fines, computerization of records, and cooperation and possible consolidation with the County. The Commissioners thanked Chief Tate for his presentation. I Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A letter from Bob Fagliano, Three Rivers Disposal, to the Mayor concerning the City's recent action to terminate his privilege to dump at the landfill until his past due bill is paid. He then submitted a summary of bill ings and payments for the period from January 1984 through December 1987. The City Manager then responded to the letter, giving an update on various actions which have been taken to date. He noted that in late 1984, Three Rivers Disposal, under dif- 01-11-88 - . 32 ferent management, owed the City a substantial amount of money and was placed on a payment plan. He further indicated that the company was on a cashier's check basis because one of their checks bounced. The City Manager then stated that review of the summary reveals that the com- pany has paid its bills in arrears on a constant basis for the past four years. Following the City Manager's update, the Commissioners discussed various elements of the situation. Some of the Commissioners expressed concern that the Commission allows a 60-day grace period for paying of bi lis, suggesting that time period could possibly be shortened. I Mayor Stiff noted that when the City shut off its landfill service to Three Rivers Dis- posal, Mr. Fagliano telephoned him. He indicated that he feels the City staff took the necessary action, and that it was consistent with good business practice. Mayor Stiff asked if the Commission feels a reply is needed to this letter. It was moved by Commissioner Vant Hull that the Commission authorize and direct the Mayor to send a letter of reply to Mr. Fagliano, indicating that he has been given ample con- sideration with the 60-day grace period and suggesting that he pay the bill. The motion died for lack of a second. City Attorney Becker indicated that he has sent a letter to Three Rivers Disposal, re- quiring a demand payment within two weeks. Commissioner Goehrung asked how the loss of revenue would affect the City's budget for this operation. City Manager Wysocki indicated that any loss of revenue causes the staff to review the operation. He stated that such a loss could result in a reduction in landfill hours, noting that demand for its use could also be reduced. (2) The City Manager indicated that the Judge has recently ruled to quash the re- straining order for conducting a public hearing on the plan for development of the linear park. He then stated the Commission has two options at this time: (1) complete the conditional use pro- cess that was interrupted, or (2) submit an application to the Board of Adjustment for develop- ment of the park. The City Manager then noted that the former Commission had directed the staff to pro- I ceed with this application through the zoning hearings to allow public input, and suggested they may wish to complete the process that has been started. He stated a notice of the public hear- ing must be published since the process was interrupted; and the public hearing date must be set accordingly. Commissioner Vant Hull expressed an interest in submitting this item to the Board of Ad- justment; and Commissioner Martel stated he feels the zoning process should be completed. Mayor Stiff requested that this item be placed on next week's agenda for further dis- cussion and action. (3) The Planning Board agenda and packet for their upcoming meeting to be held on Thursday, January 14. (4) Commissioner Vant Hull noted that the School District has discussed a possible re- duction in funding for the swimming programs, along with elimination of the program for ele- mentary students. The Commissioner suggested that the City might consider writing a letter to the School Board prior to its January 25 meeting concerning this proposed reduction. Mayor Stiff suggested this item be placed on the agenda for discussion. (5) Commissioner Vant Hull stated that she talked at an American Association of Re- tired Persons (AARP) meeting at noon today, and asked any interested persons to file an appli- cation to serve on the ad hoc committee to review the business license ordinance. She then dis- tributed copies of an information sheet to the Commissioners, noting they may wish to use this information as well. (6) Mayor Stiff reviewed the list of upcoming meetings, which include the Board of Ap- I peals on Tuesday evening, I nteragency Breakfast on Wednesday morning, and the City-County Planning Board meeting on Thursday evening. (7) Commissioner Vant Hull noted that the audit report contains a substantial amount of information and suggested that it be placed on the agenda for discussion, possibly as an ori- entation session. She indicated that she has several questions and comments to be addressed by staff. 01-11-88 33 Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowled e receipt of letter from John L. Miller and J. C. creation 0 a specla 1m rovement Istrlct or aVIn re er to sta Building Inspection Division report for December 1987 Claims Application for Gaming License - Hipshots Lounge, 513 West Aspen Street - I two video draw poker machines - through June 30, 1988 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 5:47 p.m. There being for further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I 01-11-88