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HomeMy WebLinkAbout1987-03-16 l1Lf MINUTES OF THE MEETI NG OF THE CITY COMMISSION BOZEMAN, MONT ANA March 16, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 16, 1987, at 2: 00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner 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 discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of March 9, 1987, as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - one 3/4-ton four-~heel drive pickup truck for the ,WWTP This was the time and place set to open the bids for one 3/4-ton four-wheel drive pickup truck for the Wastewater Treatment Plant. The affidavit of publication of the "Call for Bids" was presented. City Manager Wysocki stated that no bids have been received; therefore, no action is required on this item. He then indicated that the staff wi II review the bid specifications and rewrite them as necessary prior to rebidding. Award bid - two (2) police cars I This was the time and place set to award the bid for two police cars. City Manager Wysocki presented to the Commission a memorandum from Police _Chief Tate recommending that the bid for the two police cars be awarded to Don Norem Chevrolet at their bid price of $23,060 for two 1987 Chevrolet Celebrities, it being the lowest and best bid; and stated that he concurs in that recommendation. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bid for the two police cars be awarded to Don Norem Chevrolet-Buick, Inc., Bozeman, Montana In their bid price of $23,060, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Presentation of 1986 annual report for the Library - Library Board of Trustees City Manager Wysocki stated that the Library Board of Trustees has requested an opportunity to present their 1986 annual report to the Commission. Mrs. Beverly Knapp, Chairman of the Library Board of Trustees, presented to the Commission a copy of the 1986 annual report for the Bozeman Public Library. She noted that, since this report is done on a calendar year rather than a fiscal year, no financial data is included. She stated the report provides statistics for the past year as well as enumerates various activities held during the past calendar year, with a large portion of the report being devoted to children's programs and services. Mrs. Knapp then thanked the Commission for its I support of the library. Commissioner Vant Hull asked what percentage of the users are rural residents. Mrs. Knapp stated that the percentage of rural users has remained rather constant over the past several years, with the average being about 45 percent rural users each month, The Commissioners asked a few questions about the various programs provided through the library, to which Mrs. Knapp and Mr, Steve Cottrell, Di rector of the Library, responded. The Commissioners thanked the Chairman of the Library Board of Trustees as well as the Director of the Library for their presentation of the annual report. 03-16-87 115 Application for renewal of Kennel License - Chris Duntsch, 1418 Maple Drive - Calendar Year 1987 --------- ----- - City Manager Wysocki presented to the Commission an application, along with the required fee, for renewal of a Kennel License submitted by Chris Duntsch, 1418 Maple Drive, for the calendar year 1987. The City Manager noted that Animal Control Officer Connie Lien has submitted a memo I citing various problems over the past years and recommending denial of the application. He also distributed a memo from Sheila Malone, who was also an Animal Control Officer, stating that she had problems inspecting the premises for kennel licenses for three different years. The City Manager then distributed copies of Section 6.04.050, which sets forth licensing require- ments for kennels. He noted one of those requirements is that the Animal Control Officer investigate the premises and submit a recommendation to the City Commission, which shall take action on the appl !cation after it has conducted a hearing. City Manager Wysocki stated that the Animal Control Officer has attempted to contact Ms. Duntsch on several different occasions since the application was submitted on December 31, 1986, through various means including a registered letter. He indicated that none of the methods have been acknowledged; and the premises have not yet been inspected. The City Manager then concurred In the Animal Control Officer's recommendation that the Commission not approve the license due to unwillingness to comply with the licensing requirements; and stated that he will return the check along with a letter stating the reasons and listing the procedure that can be followed if she wishes to reapply. He noted that he will also request that the number of dogs be reduced to not more than two on the premises until such time as a new kennel license has been applied for and approved. City Attorney Becker stated that the Code provides that more than two dogs on a premises is a nuisance; and failure to remove alf but two dogs maximum from the premises could be abated through this section. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- I mission deny the application for renewal of the Kennel License requested by Chris Duntsch, 1418 Maple Drive, for the calendar year 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan. Commissioner Stiff and Mayor Mathre; those voting No, none. Ordinance No. 1232 - establishing the offense of a "peeping person" and the punishment therefor City Manager Wysocki presented Ordinance No. 1232 to the Commission, as prepared by the City Attorney, entitled: ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE OFFENSE OF A "PEEPING PERSON" AND THE PUNISHMENT THEREOF. City Manager Wysocki recommended that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1232, establishing the offense of a "peeping person" and the punishment therefor, 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 Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I Ordinance No. 1233 - making it a crime for any person to publicly urinate or defecate and punishment therefor City Manager Wysocki presented Ordinance No. 1233 to the Commission, as prepared by the City Attorney, entitled: ORDI NANCE NO. 1233 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADDING TO THE CRIMINAL SECTION OF THE BOZEMAN MUNICIPAL CODE, A SECTION MAKING IT A CRIME FOR ANY PERSON TO PUBLICLY URINATE OR DEFECATE AND PUNISHMENT FOR VIOLATION THEREOF. 03-16-87 l1e City Manager Wysocki recommended that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance N-o. 1233, making it a crime for any person to publicly urinate or defecate and punishment therefor, 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 Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting I No, none. Ordinance No. 1234 - Zone Code Amendment - adding Section 18.04.632 and amendinq Section 18.52.140 of the Bozeman Municipal Code to allow vehicle and boat sales as a conditional use In the B-3 district and providing a definition therefor City Manager Wysocki presented Ordinance No. 1234 to the Commission, as prepared by the City Attorney, entitled: ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE AND ADDING SECTION 18.04.632 TO ALLOW VEHICLE AND BOAT SALES AS A CONDITIONAL USE IN THE "B-3" (CENTRAL BUSINESS) DISTRICT AND TO PROVIDE FOR A DEFINITION OF VEHICLE AND BOAT SALES. . City Manager Wysocki reminded the Commission that they had conducted the public hearing and approved this Zone Code Amendment at their regular meeting held on March 2, 1987. He then recommended that Ordinance No. 1234, enacting that amendment, be provisionally adopted and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1234, amending Section 18.52.140 and adding Section 18.04.632 to the Bozeman Municipal Code to allow vehicle and boat sales as a conditional use in the B-3 District and providing a definition therefor. 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 Commis- I sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - revisions to__1;!1_c:.._draft SI D policy City Manager Wysocki submitted to the Commission a revised draft policy, resulting from last week's discussion. The staff then reviewed the various changes which have been made. City Attorney Becker stated that he has reviewed the State Statute concerning special improvement districts and has found no specific definition for public interest; therefore, he is hesitant to include such a definition in this policy. He noted that to include such a definition could lead to unanticipated problems in the future. The City Attorney further noted that the State Statute gives the Commission discretion on the creation of special improvement districts; and as long as those decisions have a sound basis and are not arbitrary, there is no way to overturn the Commission's decision. Commissioner Martel asked if the requirement for five years' escrow will be valid. The City Manager stated that as soon as the policy has been completed in final draft form, the City will seek a written opinion from bond counsel on that question. He noted the response to that question should be received prior to final adoption of the policy. Proclamation - "l nternational DeMolay Week" - March 15-22, 19"87 Mayor Mathre declared March 15 through 22, 1987, as "I nternational DeMolay Week" in the City of Bozeman, and thanked the representatives of Ross C. Jensen Chapter of DeMolay I who had come to the meeting. City Manager Wysocki reminded the Commissioners that last year the DeMolays had cleaned Lindley Park; and they plan to do that this year also, noting they will begin this weekend if the weather permits. Mayor Mathre thanked the DeMolays for their participation In the spring clean-up campaign. 03-16-87 111 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's proclamation of March 15-22, 1987, as "I nternational DeMo lay Week. " The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Vant. Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. I B rea k - 3: 05 to 3: 1 5 p. m . Mayor Mathre declared a break from 3:05 p.m. to 3:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - revisions to the draft SID policy Commissioner Martel asked if the acceleration policy would apply to each parcel located within a specific special improvement district. Director of Finance Gamradt stated that the Commission makes a determination on whether delinquencies within a specific special improvement district should be accelerated; and that determination then applies to each lot within that district. City Manager Wysocki distributed to the Commission a memo from Director of Finance Gamradt showing five examples of special improvement districts which have been created, and the percentage of costs for water and sewer in relation to paving costs. The memo also shows what percentage of the total costs would have been required through a five-year escrow account. The Director of Finance noted that the percentage for paving costs on two of the examples are high; however, those projects were completed during the time when oil costs were high, thus increasing the cost for paving dramatically. City Manager Wysocki noted that the use of semi-annual assessments as well as the In- terest rate will affect the percentage that the five-year escrow account would be of the total cost. The City Manager then suggested that the Commission discuss the last page of the draft I policy which was submitted, noting that this is a new section which addresses pre-existing un- developed city subdivisions. He stated that under this section, the developer would be re- quired to establish a cash escrow in the amount of 10 percent of the principal and interest payments. Commissioner Vant Hull noted that last week she had asked what the average delinquency rate is and found it to be 9 to 10 percent. She then expressed concern that this section allows the form of credit to be released if the delinquency rate is below 15 percent, and indicated she feels that rate should not be any higher than the average rate. Commissioner Stiff noted that the fewer number of lots within the district, the fewer delinquencies are needed to create problems. He then cited Graf1s Second Subdivision as an example, noting that the City is currently aware of two dissenters, which could create problems for that district. Commissioner Martel stated he has no problem lowering the percentage to 10 percent, noting that would reduce the risk to the taxpayers if that is the Commission1s intent. Commissioner Stiff expressed concern about how the new policy would affect Grafls Second Subdivision, particularly because of the diversified ownership involved. He then suggested the possibility of selling special improvement district bonds for the entire cost of the project, but requiring that the property owners place cash in an account for 50 percent of the costs upfront. The City Manager stated he is not sure there is a mechanism for taking such action. Commissioner Stiff stated that banks will issue letters of credit for 60, 90 or 120 days, I or even up to one year; however, they are not interested in issuing such letters for five or twenty years. Commissioner Jordan expressed concern that the proposed policy would advantage the developer of a pre-existing city subdivision over others. Director of Finance Gamradt stated that one of the initial options was to require the developer to split the costs evenly with the City. He noted, however, the developers did not support that proposal because that procedure required them to pay the administrative and SI D Revolving Fund fees as well as meet the prevailing wage requirements. He stated the City then 03-16-87 118 suggested that the developer be required to install the water and sewer services, on which this proposed policy is based. Mayor Mathre requested that the staff review this policy, considering various comments made during this discussion, and place this item back on the agenda for further discussion in two weeks. Reconsideration of previous action on SI D No. 652 - water, S6iwer and paving in Grafls Second I Subdivision City Manager Wysocki noted that he had placed this item on the agenda with the antici- pation that the draft SID policy would be completed in the previous agenda item. He then requested that action be tabled until such time as the Commission has completed its revision of the pol icy. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that action on this item be tabled until such time as the Commission has completed revision of the special improvement district policy. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Continued discussion - process for setting of goals for upcoming fiscal year City Manager Wysocki reminded the Commissioners that they had requested this item be placed on the agenda. Mayor Mathre noted that the Commission had discussed this item for a short time at last , week's meeting. She suggested they answer each of the questions that she listed in her memo regarding this matter. The Mayor further suggested that the Commission conduct a preliminary meeting to let the community know their concerns, followed by at least one town meeting to receive information from the public. Commissioner Vant Hull noted that the Local Government Study Commission had conducted a random telephone survey during its review process; and she feels the results of that survey I could be helpful in this process. She also suggested that publishing a questionnaire in the newspaper could generate helpful public input. Mayor Mathre indicated she has no problem with publishing a questionnaire, noting that it would draw attention to the goal-setting process and get people interested. Commissioner Jordan stated he feels that gathering public input is more important than informing the public as to the Commission's current goals. Commissioner Martel stated that the Commission must consider the citizens' desires and interests in establishing goals, noting that the Commission's role is to serve the community. Commissioner Jordan suggested that to publicize the current goals would provide a point from which to begin this year's discussions, rather than starting at the beginning like three years ago. The Commissioners then reviewed the various questions contained in the Mayor's memo, concurring that at least one public meeting should be held, with the week following Easter being an appropriate time. The Commissioners also indicated they have no problem using the same three questions as were used last time. Also, they felt that using a facilitator, possibly the same ones as last time, would be helpful. The Mayor asked if the Commissioners are interested in having the City staff available at an initial informational meeting, suggesting that they submit their ideas at the next discussion of this item. She then indicated she will prepare additional information on this item and submit it to the Commission for discussion in two weeks. Discussion - setting of free dump days for spring clean-up campaign I City Manager Wysocki reminded the Commission that last year during the spring clean-up campaign, the Commission established two free dump days. He then suggested that the Commission consider designating April 25 ana May 2 as free dump days in conjunction with the spring clean-up campaign, weather permitting. The City Manager stated that the commercial haulers should be required to pay the usual fees, since they are billing their services to the customers. Commissioner Vant Hull stated that she feels the free dump days should be limited to city 03-16-87 119 residents, requiring some sort of identification and requiring all county residents to pay the usual fee. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission designate April 25 and May 2 as free dump days for city residents only in conjunction with the spring clean-up campaign, with county residents and commercial haulers being required to pay the usual fees. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) The City Manager stated that on Thursday morning, there will be a hearing on the bill for motor vehicle license fees that is being supported by the League. (2) The City Manager noted that a hearing on HB863, revising the license fee structure for video draw poker machines, was held this morning; but he does not know the outcome of that hearing. (3) Mayor Mathre stated that she received a call from Representative Wallin concerning the City Manager's letter requesting that the bill regarding special improvement district del inquencies be revived. She noted that she has also heard from two other legislators who have indicated they will pursue the issue. (4) Mayor Mathre stated she has received a letter from the Department of Health and Environmental Sciences regarding the lack of snowfall, which she will copy and place in the Commissioners' mailboxes. She noted that she has also received other mail which she will place by the mailboxes for Commissioner review. (5) Commissioner Jordan noted the Commissioners have received invitations from President Tietz to attend the President's Forum luncheon next Tuesday and asked if others are planning I to attend. Several of the Commissioners indicated that they do plan to attend. Consent I terns City Manager Wysocki presented to the Commission the following "Consent Items." Authorize Mayor to sign - easement to the United States of America - located In ~ections 31 and 5 l Hozeman Creek drainage near Mystic La ke ) Authorize absence of Mayor Mathre in compliance with Section 7-3-4322 (2). MCA - March 23, 1987 meetin~ Authorize use of annual leave - Cler of the Commission Sullivan - March 23-31, 1987; appoint Kathleen Norman as Acting Clerk of the Commission It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by thee following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Adjournment - 5:17 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and I Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission 03-16-87