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HomeMy WebLinkAbout1987-03-26 120 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 23, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 23,1987, at 2:00 p.m. Present were Mayor Pro Tempore Stiff, Com- missioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City I Attorney Becker and Acting Clerk of the Commission Norman. Mayor Mathre was absent in compliance with Section 7-3-4322 (2). 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 Martel, that the Commis- sion approve the minutes of their regular meeting of March 16, 1987, as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. Request for permission to address Commission re business license fee - Jonathan F. Anderson, City TaxI, Inc. . City Manager Wysocki presented to the Commission a letter submitted by Jonathan F. Anderson, City Taxi, Inc., requesting the issue of City Taxi's license fee be placed on the Commission agenda for discussion. Mr. Jonathan Anderson, City Taxi, Inc., addressed the Commission and stated his appre- ciation for the opportunity to address the Commission. He stated he would like a solution to his request to be reclassified under the business license fee. He noted he first requested the City I to review his license fee in January of 1986. He stated he was informed at that time that the entire business license ordinance was to be evaluated. He stated he again requested the City to reclassify his taxi company under the business license fee on December 10, 1986. He stated he was unaware that the business license ordinance was on the Commission agenda in December until after the fact. He stated he has been given assurances that the ordinance will be reviewed but to date nothing has happened. He stated he feels the ordinance is discriminatory and incon- sistent. He stated he feels the ordinance basically excludes the rich and assesses the poor. He noted that attorneys, doctors and other professionals with lobbying power in Helena are excluded by State law. Mr. Anderson also noted the business license ordinance specifically states that trans- portation firms are to be assessed on a per vehicle rate. He noted that Karst Stage is not being assessed under the business lice'nse ordinance for each vehicle they operate. He also noted that U-Haul and rental car agencies, which should also be considered transportation, are categorized under general businesses. He further noted that banks and large department stores pay less for their business licenses than his company. He complained that he pays one of the highest business license fees in town. He stated he pays the maximum, $150, plus $35 per vehicle. He stated he paid a total of $220.00 for his business license for 1987. Mr. Anderson then requested until such time as the business license ordinance is re- viewed, that the Commission reclassify his taxi company as an outside service company. City Manager Wysocki noted that in March 1984 there was a memo written to the Commission regarding all those areas excluded in the business license ordinance by State law. He stated I that the City has no control over what State statute excludes. He noted the business license ordinance as written does not provide for exceptions. Mayor Pro Tempore Stiff stated that the minutes of December 29, 1986, reflect that the Commission had requested the staff to review Mr. Anderson's request and to submit a possible revision on that portion of the license fee that is based on the vehicles. Mayor Pro Tempore Stiff then noted that further along in the minutes, they reflect that he had suggested that a review of the total ordinance be done, rather than simply considering portions. He stated it was 03-26-87 121 his feeling that the Commission had dealt with the reclassification requests at that time and had delegated the responsibility to the staff. City Manager Wysocki stated that the minutes of December 29 also note that he had in- formed the Commission that the staff would begin review of the business license ordinance later this year after the budgeting process and any review would not affect those licenses issued for this calendar year. I Mayor Pro Tempore asked Mr. Anderson what type of vehicles his company owns. Mr. Anderson responded that It varies but at the present time, he is running two Chevrolet Cavaliers and two vans. Commissioner Vant Hull questioned as to how carnivals were exempted. City Manager Wysocki stated to his knowledge there are no records that indicate any exemptions have been made. He noted the change for carnivals was made in the fee schedule through an ordinance. City Manager' Wysocki stated he feels this discussion points out the need to review the business license ordinance in its entirety as stated earlier. He stated that staff will be unable to review the ordinance however until probably this fall. He stated the revision of the ordinance would fall into Finance Director Gamradt's responsibility and the Finance Director is currently working on the budget. Mayor Pro Tempore Stiff noted the Commission is dealing with a business which serves a vital need of the community, but which in the past has struggled to remain in business because of the small margin of profit. He questioned whether the license fee charged to City Taxi is fair compared to other businesses. . Commissioner Jordan inquired as to how the ambulance service is charged. The City Manager stated the ambulance company is charged on the same basis as the taxi company. Commissioner Vant Hull noted that the ambulance company receives a subsidy from the County. Mayor Pro Tempore Stiff asked Mr. Anderson what type of businesses utilize his services. Mr. Anderson stated that the majority of his business consists of transporting people to and I from the airport. He stated his company does have occasion to transport tourists to Yellowstone Park. He added that they also handle delivery service for various businesses, such as Bozeman Floral, and also individual deliveries. He noted they occasionally transport children for day care centers. Mr. Anderson further stated that his company does quite a bit of business with the elderly, transporting those who do not wish to use the senior citizen bus. He a I so noted they have a contract to transport the developmentally disabled at nights and on weekends. City Manager Wysocki inquired as to what degree the MSU student transit system has im- pacted the taxi business. Mr. Anderson responded he does not feel there has been any signifi- cant effect on City Taxi because they normally do not transport MSU students to and from school. Commissioner Vant Hull stated she had been expecting the business license ordinance to be placed back on the agenda. She stated she is aware that there has been a turnover in staff, but in a case such as this, it might not be unreasonable to put City Taxi in a different category until the ordinance is reviewed. She stated she is interested in knowing what Karst Stage is paying. She reiterated that with an inequity such as this, she feels the Commission could con- ceivably change their category. City Manager Wysocki pointed out that no exceptions can be made according to the ordinance. Commissioner Jordan stated he feels the entire ordinance should be reviewed for con- sistency sake. City Manager Wysocki stated that the business license fees are based on anticipated usage of City services. I Mr, Anderson stated that he works out of his cars and his home and does not have an office. He pointed out that he does not cause any more use of the streets than any other business where people drive to and from the business, He noted he does less damage to City streets than the large delivery trucks. Commissioner Martel stated he feels Mr. Anderson makes an excellent point of unfair status compared to other businesses. He stated this discussion has pointed out some of the flaws in the existing ordinance and it might be a good time to look at it and remedy those flaws and not be faced with additional Individual appeals, 03-26-87 122 Commissioner Jordan stated it is possible that other business license fees are too low rather than Mr. Anderson's fee being too high. Commissioner Martel suggested that the fee could possibly be based on the GVW of the vehicle. He noted he has made this suggestion in the past. Director of Finance Gamradt stated he is aware there are problems with the business license ordinance but the piecemeal approach is not proper. He noted the City presently has approximately 1,200 businesses licensed. He stated the review of the ordinance will be a time consumi ng project. He pointed out that although the taxi company is charged more than some I businesses, it is not necessarily true that the taxi company is being charged too much, but the other businesses could be paying too little. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission direct the staff to place City Taxi, Inc., in the same category for licensing as U-Haul and rental cars until such time as the entire business license ordinance is reviewed. Mayor Pro Tempore Stiff questioned City Attorney Becker whether he had any problem with the above motion. City Attorney Becker stated that the ordinance specifically identifies taxi companies as a transportation service and he does not feel the ordinance makes any provision for an exemption. He stated he feels it would be inappropriate to pass the above motion as made by Commissioner Vant Hull. He stated he does not feel the Commission is in a position to grant an exception when the ordinance is clear. He pointed out the proper procedure would be to amend the ordinance and meet the public hearing requirements. Commissioner Martel stated he would be willing to enter a substitute motion. S rea k - 2: 55 to 3: 9-0 p. m . Mayor Pro Tempore Stiff declared a break from 2:55 p.m. to 3:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. (Continued) Request for permission to address Commission re business license fee - Jonathan F. I Anderson, City Taxi-!_~_c:..:.. - The following substitute motion was then made by Commissioner Martel. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission direct the staff to review the business license ordinance as soon as possible, but before next fall, with any downward adjustments necessary for the current year to be retroactive to January 1, 1987, and upward adjustments to remain the same until the new fee schedule goes into effect on January 1, 1988. City Manager Wysocki reminded the Commission that the motion deals with two fiscal years' budgets. Commissioner Jordan stated he feels the proposed adjustments to the business license fees could mess up the budget. The substitute motion then failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Vant Hull; those voting No being Commlssion~r Jordan and Mayor Pro Tempore Stiff. Mayor Pro Tempore Stiff stated he voted against the motion because of the shambles it cou Id make of the budget. He then urged the staff to review the business license ordinance as soon as possible. City Manager Wysocki stated that as soon as the budgeting process is finished, and before year end, the business license ordinance should be in place. Ordinanc;! No. 1235 - amending Chapter 12.20 of the Bozeman Municipal Code re sidewalk and I curb construction City Manager Wysocki presented Ordinance No. 1235, as prepared by the City Attorney, entitled: ORDINANCE NO. 1235 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE BY DELETING THE PHRASE "AND MOTOR BUSINESS DISTRICT" FROM SECTION 12.20.010(B); AMENDING THE FEE SCHEDULE FOR STAKING AND GRADING IN 03-26-87 123 SECTION 12.20.030; ADDING SECTION 12.20.035 DIRECTING CITY ENGINEER TO CAUSE REPAIRS OF SIDEWALKS TO BE MADE PURSUANT TO SECTION 7-14-4122, MCA; AMENDING THE NOTICE REQUIREMENT OF SECTION 12.20.060 TO COMPLY WITH SECTION 7-1-4129, MCA; AND DELETING THE INTEREST RATE SET IN SECTION 12.20.070 TO ALLOW THE COMMISSION TO ACCEPT AN ALTERNATIVE RATE TO BE ESTABLISHED BY BIDDING. The City Manager pointed out the changes that had been made in the new ordinance. He then recommended that the Commission provisionally adopt Ordinance No. 1235 and bring it back I in two weeks for final adoption. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commis- sion provisionally adopt Ordinance No. 1235, amending Chapter 12.20 of the Bozeman Municipal Code regarding sidewalk and curb construction, 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 Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Correspondence from Jody May, 1219 South Tracy, regarding the linear park zoning. (2) Agenda for the Bozeman City Zoning Commission to be held at 7:00 p.m., on Tuesday, March 24, 1987. (3) Material from Mayor Mathre regarding the goal setting procedures. (4) The City Manager stated that House Bill 743, which amends property tax and assess- ment sale, will be heard on Wednesday at 8:00 a.m. in Helena. He encouraged the Commissioners to contact the persons on the Taxation Committee to urge their support of the bill. (5) City Attorney Becker noted that the Wheelers have filed for a new trial. He stated there will be a hearing in the near future. He noted this is the first step toward an appeal. I Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Application for Gaming License - Bozeman Restaurant and Lounge, Inc. (Holiday Inn), 5 Baxter Lane - one video draw poker macnlne - through June 30, 1987 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the consent items as listed 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 Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Pro Tempore 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 Jordan, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. ALFRED M. STIFF, Mayor Pro Tempore ATTEST: I ~f."~ lZ(I&7X~z( / ctmg er of the Commission 03-26-87