Loading...
HomeMy WebLinkAbout1987-09-14 402 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 14, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 14,1987, at 2:00 p.m. Present were Mayor Pro Tempore Stiff, I Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Mayor Mathre was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the minutes of the regular meeting of September 8, 1987 be approved as amended. 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. Award bid - installation of a flexible membrane roofing system on City Hall and the Police Build- . !!!il This was the time and place set to award the bid for the installation of a flexible mem- brane roofing system on the City Hall and the Police Building. City Manager Wysocki reminded the Commission that this project has been budgeted under the capital improvement program. He then submitted to the Commission a memo from Purchasing Agent Pat Boyd recommending that the bid be awarded to McLees, Inc., in the total bid amount of $28,632.00, it being the lowest and best bid received. He reminded the Commission that the bid was broken out as follows: $18,992.00 for a mechanically attached EPDM roofing system on City Hall and $450.00 for a ten-year extended warranty, and $8,740.00 fdr a mechanically at- I tached EPDM roofing system on the Police Bui Iding and $450.00 for a ten-year extended warran- ty. The City Manager then concurred in the Purchasing Agent's recommendation for award of the bid. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bid for installation of a flexible membrane roofing system on City Hall and the Police Building be awarded to McLees, Inc., Belgrade, Montana, in the total bid amount of $28,632.00, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Pro Tempore Stiff; those voting No, none. Discussion - Rules of Procedure for meetings and public hearings, adopted November 8, 1982; and compilation or selected Montana Codes pertaininq to the City of Bozeman (commission-manager form of government), as prepared September 1981 City Manager Wysocki noted that Commissioner Stiff had requested this item be placed on the agenda. Mayor Pro Tempore Stiff noted that during recent review of the rules of procedure, he found a few items which he feels need to be clarified. He also noted that the rules of procedure were adopted five years ago; and the Commissioners may wish to make some housekeeping changes in those at this time. He indicated that it would be appropriate to make those changes prior to distributing these two documents to the new Commissioners. The Mayor Pro Tempore then asked the City Attorney to address the statement contained in Article III, Section 4, which pertains to the number of votes necessary for passage of a mo- I tion. City Attorney Becker noted that the subject section states "... the affirmative vote of a majority of the Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is required by statute. II He stated that is not in conflict with the State Statute, which requires that a majority of the total Commission, or three votes, are required for passage of any motion; however, it is not as specific as that section. He noted that in some land use decisions, four affirmative votes are required for pas- sage of a motion, which is not in conflict with this section either. 09-14-87 403 Mayor Pro Tempore Stiff suggested that this section of the rules be expanded to avoid possible confusion in the future. He then suggested that the Commission review the rules of procedure to determine if additional changes should be made. City Manager Wysocki stated that he has reviewed the rules of procedure as well as the compilation of selected Montana Codes to determine whether they conflict with the existing codes. He then suggested the following changes in the rules of procedure. I Article I, Section 3. Change to read "... any direct personal interest ..." Article II, Sections 1, 2, 3 and 4. Change references to Chairman and Vice Chairman to Mayor and Mayor Pro Tempore. Article II, Section 4. Following discussion, the Commissioners concurred that use of sign-up cards for those addressing the Commission would be appropriate, so the Clerk may more easily record the names and addresses accurately, as required under these rules. Article III, Section 1. Change the time of Commission meetings from 4:00 p.m. to 2:00 p.m. Add a phrase to the second paragraph indicating that additional evening sessions may be scheduled as necessary. Article IV, Section 4. Expand the wording to more accurately reflect the statutory re- quirements. The Commissioners concurred that the sentence should be split and that the words "total number of" should be inserted before "Commissioners." Also, a reference to the appli- cation section of the State Statutes should be incorporated into this paragraph. Article V, Section 1, No.5. Expand to state "proponents of the proposal, opponents, those submitting any testimony pertaining to the subject, and response by the petitioner." Article VI, Section 1. Change "(prior to the meeting)" to "(prior to the hearing(s))" to more accurately reflect the time at which the guidelines are announced. City Attorney Becker cautioned that any changes made to the rules of procedure should be compared with the Administrative Rules of Montana to ensure that no conflicts exist. to si n the Subordination I City Manager Wysocki presented Commission Resolution No. 2672, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2672 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA AUTHORIZ- ING THE MAYOR TO EXECUTE A SUBO.RDJNATION AGREEMENT FOR CATHERINE GNEHM TRUST INDENTURE. The City Manager recommended that the Commission adopt this Resolution, which will allow the applicant to refinance an existing loan. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission adopt Commission Resolution No. 2672, authorizing the Mayor Pro Tempore to sign the Subordination Agreement for Catherine Gnehm. 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. City Manager Wysocki stated that his review of the compilation of the selected sections of the Montana Code Annotated revealed the following changes. Page 4. Section 7-3-4317. Change "remainder of the unexpired term" to read "period I until the next general election and unti I a successor is elected and qualified." He noted that change was made in 1985. Page 1 2 . Section 7-3-4431 (3) . After "property owners" insert "and purchasers of prop- erty under contracts for deed." This change was made in 1983. Page 23. Section 7-3-4442. The City Manager noted no changes have been made in this section, but he questioned whether it might give the Commission the needed authority to create districts for maintenance of trees planted in the rights-of-way. Page 26. Section 7-3-4448 (2) . Change "... whose property ..." to "... who are owners or purchasers under contracts for deed of property that ... " This change was made in 1983. 09-14-87 40lt Page 27. Section 7-3-4453. Change "obnoxious" to "nuisance." This is a 1985 change. Commissioner Martel noted that the Commission does not adhere to the "Roberts Rules of Order" and asked if that reference should be eliminated in the rules of procedure. Following discussion, the Commissioners concurred that a formal procedure should be basically followed; however, they do have the right to vary that procedure somewhat as long as a majority concur. The Commission directed the staff to make the necessary changes to these two documents and requested that they be placed back on the agenda by the end of October for consideration. I Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A memo from Long Range Planning/Subdivision Administrator Marcia Elkins indi- cating that no applications were received as a result of the two recent public hearings held for Community Development Block Grant monies. The City Manager indicated that applications for the next go-round, which will be for economic development projects, wi II probably be due in late January or early February 1988; and he would suggest that the public hearings be held in the next six weeks so that an application can be prepared in time for submittal. (2) A copy of a letter dated September 14, 1987, from Mr. Michael Delaney to School District No. 7 concerning a proposed school site in Valley Unit Subdivision. (3) The City Manager noted that some of the Commissioners and staff will be attending the Montana League of Cities and Towns Convention to be held in Billings later this week. (4) Mayor Pro Tempore Stiff noted he has received an inf~rmational booklet on the City employee health care program and asked if additional information wi 11\.. be forthcoming. I The City Manager indicated that a representative of the company will probably conduct an informational meeting for all employees in the near future; and the Mayor Pro Tempore requested that all Commissioners covered under the health insurance program be invited. (5) Mayor Pro Tempore Stiff asked if all of the Commissioners had received an invi- I tation from Heritage Christian School to participate in Constitution Week activities on Wednesday. He noted that he has a conflict and asked if any of the other Commissioners could attend. Com- missioner Vant Hull stated she would be able to attend. (6) Commissioner Jordan noted that the stop signs have been installed along West Koch Street from South 8th Avenue to South 23rd Avenue. Adjournment - 3:00 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. ST I FF, Mayor Pro Tempore ATTEST: Clerk of the Commission I 09-14-87