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HomeMy WebLinkAbout1985-12-30 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 30, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 30, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick 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 - December 23, 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the minutes of the regular Commission meeting held on December 23, 1985 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Sections 18.56.020, 18.56.030 and eve opments City Manager Wysocki presented Ordinance No. 1197, as prepared by the City Attorney, entitled: ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.56.020 AND 18.56.030 PROVIDING FOR TOWNHOUSE DEVELOPMENT IN THE R-l, R-2 AND R-2A SINGLE-FAMILY I RESIDENTIAL DISTRICTS AND AMENDING SECTION 18.56.100 PROVIDING FOR COMMON OPEN SPACE IN TOWNHOUSE DEVELOPMENT IN THE CITY OF BOZEMAN. . The City Manager reminded the Commission that it had conducted the public hearing on this Zone Code Amendment and had provisionally adopted this Ordinance at the December 16, 1985 meeting. He then recommended that the Commission finally adopt Ordinance No. 1197 at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1197, amending Sections 18.56.020,18.56.030 and 18.56.100 of the Bozeman Municipal Code regarding townhouse developments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Applications for renewal of Beer, Wine and Liquor Licenses for Calendar Year 1986 This was the time and place set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1986. A total of 18 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establishments which have made application and paid the required fee: APPLICATIONS FOR BEER, WI NE AND LIQUOR LICENSES CALENDAR YEAR 1986 APPLICANT BEER WINE LIQUOR TOTAL I Alpine Sinclair $200.00 $- $ $ 200.00 Conoco Travel Shoppe 200.00 200.00 Eag les Sa r 500.00 500.00 Haufbrau 500.00 500.00 JBC, Inc. (dba Charlie's) 200.00 200.00 Jim Bob's Produce Market 200.00 200.00 400.00 Karl Marks Pizza and the Next Door Saloon 200.00 200.00 400.00 O'Brien's Restaurant 200.00 200.00 400.00 Osco Drug 200.00 200.00 400.00 R&N Corporation (dba Bozeman Hotel) 500.00 500.00 Rocking R Bar 500.00 500.00 12-30-85 2 Safeway #289 200.00 200.00 400.00 Stromboli's Pizza 200.00 200.00 Tee Pee Gas Company, Inc. 200.00 200.00 400.00 The Crystal Bar 500.00 500.00 The Filling Station 200.00 200.00 400.00 Town Pump #1 200.00 200.00 Valley Greens Restaurant and Lounge 500.00 500.00 Total - 18 applications $ 6,800.00 City Manager Wysocki then submitted to the Commission tl u;: I c,-\uc;,ted police report on the Rocking R Bar. He recommended that the Commission approve the eighteen applications as I listed. . Commissioner Vant Hull suggested that, in the future, the Commission be given reports on the listed disturbances and complaints at the various problem bars in November so that they have an opportunity to review those reports prior to renewal time for the licenses. She also suggested that the City may wish to send a letter to those establishments with more than their fair share of complaints. The City Manager noted that the report on the Rocking R Bar indicates that four of the six incident reports were made in response to the bartender requesting assistance, and indi- cated that the City must not discourage those requests for help. He stated that the staff can prepare reports if the Commission so desires prior to renewal, cautioning that requests for help from the bar owners or bartenders should be viewed differently from other complaints or viola- tions. Commissioner Vant Hull indicated that she feels requests for help should not be dis- couraged in any manner. She then stated her concern is with violations of the open container ordinance, which seem to be getting worse. The Commissioner cited the Christmas Stroll as example of those violations. Commissioner Jordan noted that the police report indicates only six incidents at the Rocking R Bar, but following the Homecoming Parade, one of the police officers wrote a two-page letter to the Chief of Police expressing concern about the flagrant violations which occurred. The Commissioner then suggested the City may wish to review the law to determine whether the owner of the bar can be cited for allowing open containers to leave his establishment. I City Manager Wysocki indicated that he will discuss this matter with City Attorney Crumbaker-Smith to determine what powers are provided under the State Statute and the City Code. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the applications for renewal of beer, wine and liquor licenses for Calendar Year 1986 as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - attendance of Commissioner Jordan at the Center for 1m rovement of Public anagement City Manager Wysocki stated that Commissioner Mathre had requested this item be placed on the agenda. Commissioner Mathre reminded the Commissioners that she had attended the Center for Improvement of Public Management last summer. She noted it is a ten-day course based on the Harvard Business School model for development of pUblic policy; and she felt it was beneficial. The Commissioner further indicated that the program is basically the same each session, and is designed for those individuals who have had some experience in local government. She then suggested that Commissioner Jordan could benefit from this program and urged the Commission to support his participation. I Commissioner Mathre then indicated that the next session is to be held in February 1986; and the deadline for applications is January 15, 1986. She noted that if the application seeks financial assistance, it should be submitted as soon as possible. She reminded the Commission that she had received financial assistance; and she feels that if Commissioner Jordan attends, he should seek assistance also. 12-30-85 ') '-, Commissioner Vant Hull stated she would like to have time to review the program prior to making a decision. She also indicated an interest in having the new Commission consider this item. Commissioner Anderson asked how often the program is held and how many people attend the sessions. Commissioner Mathre stated that the sessions are held twice each year, with thirty to I forty people attending. She noted that those attending include elected officials, managers and top level management staff from city and county governments as well as state employees. She also indicated that the living arrangements are usually set up so that an individual is with others in similar positions, which provides a good opportunity for discussions. City Manager Wysocki indicated that two or three of the councilpersons from his former employment had attended the Center; and he felt it had been beneficial. He noted that the discussions held usually provide various points of view which help the attendees to consider all aspects of an item. Commissioner Anderson stated that she feels the new Commission should make the decision on this item, rather than the current Commission. Mayor Weaver asked Commissioner Jordan if he wants to attend the Center and whether he is available to do so. Commissioner Jordan indicated that he feels this program would improve him as an indi- vidual but questioned whether the other Commissioners and the City Manager would see a difference. The City Manager stated he noticed a difference in the the ability of those who had attended the Center to communicate with others. Commissioner Vant Hull once again indicated a desire to review the program prior to making a decision on this matter. Commissioner Mathre indicated that she will leave the information from the session she attended at the City Hall for other Commissioners to review; but she does not wish to defer the I decision since the application should be submitted as soon as possible if Commissioner Jordan is to seek financial assistance. It was moved by Commissioner Mathre that the Commission authorize Commissioner Jordan to attend the Rocky Mountain Program through the Center for Improvement of Public Management, and that application be made for financial assistance. Mayor Weaver yielded the gavel to Mayor Pro Tempore Mathre for the purpose of seconding the motion. It was then moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that action on the above motion be tabled for a period of one week. The motion fai led by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson and Commissioner Vant Hull; those voting No being Commissioner Mathre and Mayor Weaver. Commissioner Jordan abstained. The main motion, to authorize Commissioner Jordan's attendance at the Center, then failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. Commissioner Jordan abstained. Continued discussion - re third interchange for Bozeman City Manager Wysocki noted that information on the application for the third interchange for Bozeman was submitted to the Commission in last week's packet. He further noted that Commissioner Vant Hull had distributed copies of a draft letter for review during the past week. I Commissioner Vant Hull indicated that she has talked with various groups about this letter to the State Department of Highways during the past week; and they have indicated support for sending this letter or a variation thereof. She also suggested that a committee including representatives from organizations such as the Gallatin Development Corporation, Montana Ambassadors and the Chamber of Commerce, as well as the City, be formed to explore various items which can be done to encourage the Department of Highways to consider funding for the third interchange. The Commissioner indicated that she also feels the application could 12-30-85 It have contained more complete and enhancing information if it had not needed to be completed so quickly. Commissioner Anderson once again indicated interest in knowing what criteria were used in prioritizing the applications submitted. She noted it may not be possible to get the inter- change funded this time, but knowing more information about the selection process may help the City to prepare a more enhanced application during the next cycle. Commissioner Vant Hull noted that development of a new list of priorities for funding will I not be done for several years, probably close to the year 2000. Commissioner Anderson stated she feels the Commission should have received this informa- tion on the process at the time the application was being submitted since it is significant to the community. She then indicated that she feels better communication should be established between the T AC, PCC and the City Commission. City Manager Wysocki stated that because federal funding is being utilized for the con- struction of the new interchanges, the Technical Advisory Committee and the Policy Coordinating Committee are responsible for taking action on this matter under the Memorandum of Understanding. The Commission asked the City Manager to revise the letter drafted by Commissioner Vant Hull, to be brought back on the agenda next week for review. City Manager Wysocki stated that Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson noted that the Commission has recently approved a request for funding submitted by the Pedestrian/Traffic Safety Committee, and that will hopefully enhance the distribution of information from that committee. The Commissioner then noted that the Memorandum of Agreement provides for a Citizens' Advisory Committee, which includes the Pedestrian/Traffic Safety Committee as well as others. She indicated that she feels the Pedestrian/Traffic Safety Committee has reviewed items of community concern, such as bikeways I and dangerous intersections, but she feels that an expanded committee which includes repre- sentatives from other aspects of the community could be beneficial. She noted that committee could review items of concern and conduct public hearings as necessary, submitting recommenda- tions to the City Commission as well as to the T AC and PCC. Commissioner Vant Hull noted that Ralph Zimmer, a member of the Pedestrian/Traffic Safety Committee, has indicated support for creation of a Citizens' Advisory Committee with expanded membership. The Commissioner then stated that a recent conversation with a gentle- man from the Federal Highway Administration revealed that if such a committee is appointed and there is the pOSSibility of using federal funds for any projects, the committee must include broad representation. including minorities and various socio-economic levels. Commissioner Vant Hull then requested that this item be placed on next week's agenda for further discussion. Staff responses to Management Letter recommendations as submitted by Coopers and Lybrand City Manager Wysocki presented to the Commission a memo from Director of Finance Gamradt indicating any actions which have been taken on the various recommendations submitted by the auditors in the Management Letter for Fiscal Year 1985. He noted that the recommenda- tions regarding the data processing operation have not been addressed in this memo, but a steering committee will be formed in 1986 to deal with those recommendations. The City Manager then noted that the second recommendation addresses rebilling of I delinquent special assessments. He indicated that after last week's meeting, the staff discussed this item in an attempt to find alternative methods of updating the City's ownership list as rapidly as possible so that the notices are sent to the proper parties. He further noted that the City will begin to send delinquent notices to remind individuals that the assessments have not been paid. 12-30-85 t: J City Manager Wysocki indicated that this update is being submitted as requested by the Audit Committee. He also noted that any additional staff responses will be submitted as appro- priate during the remainder of the fiscal year. Mayor Weaver noted that the request for staff responses is a new procedure which he feels is beneficial and encouraged its continuation. The Commission then thanked the City Manager for the update. I Staff report - status of Water Fund City Manager Wysocki submitted to the Commission a staff report on the status of the Water Fund, noting that the rate hearings before the Public Service Commission wi II be held next week. He reminded the Commission that the Water Fund is an enterprise fund and is to be a self-supporting operation. However, the fund currently owes $264,978.00 plus interest on loans from the General Fund; and with the existing water rates, the projected deficit at the end of Fiscal Year 1986 is $635,000.00 plus interest. The City Manager noted that the City is not in compliance with the bond covenants for the 1982 Water Revenue Bond issue; and there is no money available for needed capital replace- ment as well as projects which would enhance the City's water supply, such as a presedimenta- tion pond, expansion of Hyalite Reservoir, and piping of the Lyman Creek supply and covering of that reservoir. He further noted that with the existing status of the Water Fund, the City does not have the ability to borrow monies to complete any of those projects. City Manager Wysocki reminded the Commission that the water rates were changed by the Public Service Commission in 1982, which was the first rate change in more than twenty years. He then indicated an interest in implementing minimal changes on a more frequent basis after this rate increase through the Public Service Commission to avoid the type of situation which now exists. Break - 5:00 to 5:05 p.m. . Mayor Weaver declared a break from 5:00 p.m. to 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - review of staff report re automated garbage collection pilot program City Manager Wysocki submitted to the Commission the results of the surveys conducted in August and December 1985. He noted the results of the first survey showed that fifty-eight of the sixty-eight responding support the automated garbage collection system. The results from the second survey, which addressed any problems due to snowy conditions, indicated that eighty-nine percent of those responding had no diffiCUlty during the snowy conditions. The City Manager then indicated that, following review of the results of these surveys, the staff feels that the automated garbage collection system should be implemented. He noted that efficiency in the garbage collection system would be realized through the use of an auto- mated truck and containers; and the staff will seek authorization to proceed with this program in the near future. Commissioner Anderson stated that she has been involved in the pilot program; and she feels it works very well. She indicated that she stores the container in the garage; and it is very easy to wheel to the curb for pickup. The Commissioner also noted that picking up of the cans is more efficient; and the system is safer for those providing the service. Commissioner Vant Hull expressed reservations about the survey results. She stated she feels that the first question on the initial questionnaire should have been the individual's attitude toward the system prior to use of the container, because she feels that many of those . involved in the pilot program already supported the automated collection system. City Manager Wysocki reminded the Commission that he had been instructed to get volun- teers for the program, although his initial request had been to establish a target area in which to conduct the pilot program. The City Manager then noted that the pilot program has been completed; and the Commission must now determine whether to proceed with the new program or maintain the old method of collection. He reminded the Commission that the old garbage collec- tion trucks must be replaced; and now would be the time for a conversion if it is to be made. 12-30-85 G Commissioner Vant Hull questioned whether the automated collection system would be as efficient as projected. She noted that she was involved in the pilot program; and the need to relocate the arms from the side to the back of the truck for emptying of the container caused the process to become lengthy. She further noted that in some instances, the men simply dumped the container by hand rather than utilizing the arms. The City Manager reminded the Commissioner that the City had acquired the attachment for the existing truck to conduct the pi lot program, since the Commission did not wish to I authorize the purchase of an automated truck unti I the program had been completed. He then noted that a part of the efficiency realized would be through the fact that one person would be required to operate a truck, rather than the three people used under the present system. Mayor Weaver noted that the pilot program was instituted because most of the concerns expressed were about the handling of the containers. Commissioner Vant Hull asked how extra garbage would be handled if the automated system is implemented. The City Manager indicated that if the extra garbage is bagged and placed beside the container, the individual operating the truck will dump the container, place the extra garbage in the container and dump it again. He then noted that if the automated garbage collection system is implemented, there may be some areas of the City which cannot be served by the new equipment. Commissioner Vant Hull then asked if the large cans will be necessary for those indivi- duals with small amounts of garbage. Commissioner Mathre noted that one of the attractive features of the automated garbage collection service is that the costs will not increase as rapidly as with the existing system. City Manager Wysocki indicated he will bring this item back to the new Commission for a decision in the near future. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" I items. (1) Commissioner Mathre thanked Commissioner Jordan for his good report on the NLC Congress of Cities. She then requested that City Manager Wysocki submit his report at next week's meeting. Commissioner Anderson asked if any of the tapes from the Congress of Cities would be beneficial to the Commission. The City Manager indicated that he has considered sending for tapes from some of the sessions which he and Commissioner Jordan were unable to attend. (2) Mayor Weaver noted that a copy of the revised ~valuation letter to the City Manager was included in the packet. Commissioner Vant Hull expressed reservations about the revised letter, which did not include her recommendations for a final paragraph. Commissioner Anderson suggested that letters from the individual Commissioners could address that concern. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the revised letter as submitted by Mayor Weaver. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, CommIssioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. (3) The City Manager reminded the Commission of the water rate hearings, which will be held before the Public Service Commission beginning at 10: 00 a.m. on Tuesday, January 7, 1986 in the Community Room of the Library. I (4) The City Manager reminded the Commission that the reorganization meeting of the Commission will be held at 10:00 a.m. on Monday, January 6, 1986. The City Manager then expressed his appreciation for the opportunity to work with Mayor Weaver and Commissioner Anderson during the past two years. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." 12-30-85 "7 24, Block Grant Pro ram as ommlttee Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and that the appropriate persons be I authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Recognition of outgoing Commissioners Commissioner Mathre presented to Mayor Weaver and Commissioner Anderson plaques for their four years of service on the City Commission. The Mayor and Commissioner Anderson thanked the Commission for the plaques. Adjournment - 5:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, 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 Jordan, Commissioner Vant Hull, Commissioner Anderson and Commissioner Mathre; those voting No being Mayor Weaver. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission I 12-30-85