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HomeMy WebLinkAbout1986-01-06 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 6, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 6, 1986, at 4:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of sitence. Minutes - December 30, 1985 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular Commission meeting held on December 30, 1985 be approved 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. Selection of Mayor Pro Tempore City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda. Mayor Mathre noted that, in the past, the Commission has selected one of the Com- missioners to serve as Mayor Pro Tempore to serve in the Mayor's absence. She noted that in recent times, the upcoming Mayor has served in that capacity. Commissioner Stiff stated that, since the City has its first lady Mayor and a carry-over lady Commissioner, his preference would be to defer to Commissioner Vant Hull as the Mayor Pro Tempore. (CLERK'S NOTE: Commissioner Stiff has indicated his intent was that the selection of Mayor Pro Tempore be for 1986 only.) He noted that as incoming Mayor, he sees a I need to work closely with Mayor Mathre during 1987, but wishes to defer to Commissioner Vant Hull at this time. Commissioner Martel asked if the selection of a Mayor Pro Tempore is a traditional item that should be observed or if any of the Commissioners can be selected in that capacity. Mayor Mathre stated that the selection of a Mayor Pro Tempore has not always been formalized; but the past two selections have been based on the incoming Mayor. Commissioner Martel indicated he had raised the issue only as a point of reference. He noted that if this is a tradition which is being broken at this time, it may provide other opportunities for breaking tradition in the future. It was moved by Commissioner Stiff, seconded by Commissioner Jordan, that the Commission appoint Commissioner Vant Hull as the Mayor Pro Tempore. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Commissioner Vant Hull abstained. Appointment - Board of Adjustment City Manager Wysocki reminded the Commission that this appointment had been deferred until the new Commission was seated. He noted that five persons have applied for this vacancy, and those names have been submitted to the Commission in a memo. Mayor Mathre indicated that she would entertain any nominations for this vacancy; and Commissioner Jordan nominated James L. Goehrung for the position. He noted that he is currently serving on the Local Government Study Commission as well as working with and on other boards I and commissions of the City. Commissioner Stiff expressed concern with the process which has been implemented for the filling of vacancies on boards and commissions. The Commissioner indicated that he has reviewed the applications, and he feels that one man has more qualifications that the other four applicants. Commissioner Martel noted he has reviewed the five appl ications for this position; and he feels the decision should be based on qualifications of the candidate. 01-06-86 II It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission appoint James L. Goehrung to replace Leo Hoffart on the Board of Adjustment, with a three-year term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Stiff and Commissioner Martel. I - one electronic City Manager Wysocki presented to the Commission an application, along with the re- quired fee, for a Gaming License for The Cannery Lounge, 43 West Main Street, for one electronic keno machine for the period through June 30, 1986. The City Manager recommended approval of the application. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the application for a Gaming License for one electronic keno machine at The Cannery Lounge, 43 West Main Street, through June 30, 1986. 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. Discussion - method of appointment for ninth member of the City-County Planning Board City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed on the agenda. He then stated a copy of City Attorney Crumbaker-Smith's memo con- cerning the method of appointment of the ninth member as established by the 1985 Legislature has been included in this week's packet. Commissioner Vant Hull stated several people have expressed concern that the current ninth member of the City-County Planning Board is in jeopardy of losing his position because of the new law adopted by the 1985 Legislature. She further noted that none of the five members of the Board of Supervisors of the Soil Conservation District reside within the jurisdictional I area, and questioned the amount of interest they may have for planning within the City and its jurisdictional area. The Commissioner suggested the City may wish to request to become a part of the Soil Conservation District, noting that a petition signed by ten residents of the City may be submitted to the Department of Natural Resources and Conservation for their review and decision, afte-r which the issue is placed before the electorate of the City. She further noted that in 1949, when the district was formed, the City was eliminated; however any annexations since that time are now in the district as well as the City. Commissioner Vant Hull then in- dicated that she had requested this be placed on the agenda only as an informational item, rather than one requiring action at this time. Commissioner Jordan noted that two years ago, when the City requested to become a part of the Soil Conservation District, that body had no interest in accepting the City. He then noted that the Soil Conservation District is now attempting to place a member on the City-County Planning Board and expressed concern that the individual will probably not reside within the jurisdictional area. Mayor Mathre noted that the statutes governing the membership of the City-County Planning Board contain requirements for residency within the jurisdictional area and asked if those requirements will apply to the ninth member as well. She noted this is a new law which has not yet been tested and suggested the City may wish to request an Attorney General's opinion. Commissioner Martel indicated support for conducting research on the issue, since it is a new law. He then suggested the law may have been changed to allow for rural input into the I planning process. Commissioner Jordan questioned the need for a member of the Soil Conservation District on the City-County Planning Board. He then noted that the Planning Staff asks for their input on all items which are submitted to the Board for action. Commissioner Stiff ~uggested that possibly other areas are facing problems with planning and growth, even though Ga~latin County is not. He noted this is a Stat~ Statute rather than a local issue. 01-06-86 -~-- 12 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize and direct the City Attorney to determine whether the residency require- ments for other City-County Planning Board members apply to the ninth member, through an Attorney General's opinion if necessary. 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. Review of draft letter to State Highway Department re third interchange for Bozeman I City Manager Wysocki submitted to the Commission a slight revision of the letter drafted by Commissioner Vant Hull to the State Highway Department. He then presented a different version of the letter which he had prepared. He then suggested that an additional paragraph could be added to indicate this communication has been concurred upon by other specified groups. He then requested that Item 1 (d) on the first page be revised to include the fact that the relocation of Baxter Lane will alleviate some of the existing problems at the North 7th Avenue and Baxter Lane intersection. Mayor Mathre noted two items must be addressed under this item: (1) whether the Commission wishes to send a letter to the State Highway Department; and, if so, (2) which letter to send. Following a brief discussion, the Commissioners concurred that a letter should be sent to the State Highway Department indicating the urgent need for a third interchange at North 19th Avenue extended; as submitted in the application. Commissioner Vant Hull then indicated she supports the letter drafted by City Manager Wysocki, suggesting that possibly all of the Commissioners and the City Manager should sign the letter. She then indicated she feels that the City should approach other interested groups after receiving a response to this letter and solicit their support on this issue. Mayor Mathre indicated that she has suggested revisions to the first paragraph, affecting only the structure and not the content. She then requested that if that draft is approved, she be given the opportunity to discuss those changes with the City Manager. I It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the letter to the Department of Highways as drafted by City Manager Wysocki, with Section 1 (d) revised per his recommendations and with the revisions to the first paragraph as suggested by Mayor Mathre. 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. Continued discussion - attendance of Commissioner Jordan at the Center for Improvement of Public Management Mayor Mathre reminded the Commissioners that this item was brought up at last week's meeting; and both motions placed on the floor fai led for lack of a majority vote. Commissioner Jordan stated that about three weeks ago Mayor Weaver and Commissioner Mathre approached him about attending the Center for Improvement of Public Management. He noted the Commission does very little traveling except to the Montana League of Cities and Towns Convention and the National League of Cities Congress of Cities; and he feels that attendance at the Center could be beneficial. The Commissioner then indicated he would be willing to attend if the Commission wishes him to go; then suggested the Commission may wish to send Commissioner Stiff instead, since he will be Mayor in two years. Commissioner Jordan then indicated that he feels the Commission should send one person to the Center each year, which could provide for a more dynamic Commission rather than a stagnant one. Commissioner Stiff stated he has reviewed the manual which Mayor Mathre received I during her attendance. He noted the biographical sketches of those involved in the Center reveal only two City Commissioners and one Mayor; and many of the others were regional and state governmental persons. The Commissioner then suggested that Mayor Mathre could possibly submit a report on her attendance at the Center during the orientation session rather than sending another person this year. Commissioner Stiff then indicated that he has no desire to attend the Center for Improvement of Public Management. 01-06-86 13 Mayor Mathre stated the Center is very different from League conventions and meetings. She noted those conventions are centered around the nuts and bolts operations of city govern- ment, while the sessions at the Center are process-oriented and address policies and procedures, such as conflict resolution. She also noted that the information derived from the Center is not lecture-type material but is something one absorbs and practices. The Mayor then indicated that having people from various capacities at different governmental levels provides a good I insight into the different points of view from which one item or problem is seen. The Commissioners then asked City Manager Wysocki what type of reports those attending the Center from Grand Junction had submitted upon their return. The City Manager stated those Commissioners had given a brief synopsis of what items were addressed. He noted they also indicated that they had dealt with situations or cases, rather than listening to lectures. He further stated that persons in other capacities in local government as well as those from other governmental entities can provide different perspectives and possible methods of handling situations which can be adapted to fit one's own community. Commissioner Vant Hull stated she feels that attendance at the Center may be beneficial for the individual attending, but she does not feel it would benefit the Commission substantially. Commissioner Martel expressed concurrence with Commissioner Vant Hull's comment, indicating that he does not foresee any real benefit to the Commission as a whole. but only to the individual attending. No motion was placed on the floor; therefore. no action was taken by the Commission. City Manager Wysocki reminded the Commission that Commissioner Vant Hull had requested this item be placed on the agenda for further discussion. Commissioner Vant Hull submitted to the Commission a list of thoughts about this type of commi ttee . She noted the results of the survey conducted by the current Local Government I Study Commission, as well as the survey conducted by the study commission ten years ago, reveal that residents are concerned about the traffic problems. She also noted that the goals prepared by the Commission include concerns about those traffic problems. The Commissioner stated she does not feel the City has enough citizen input; and she feels the appointment of a Citizens' Advisory Committee, including the Pedestrian/ Traffic Safety Committee, could address that problem. She noted that committee could be given the power to conduct public hearings or forums to obtain input as it deems necessary. The Commissioner suggested that such a committee could be appointed for a one-year period, after which it could submit its report to the Commis- sion. Then, the committee could be maintained if deemed appropriate, or the committee could be dissolved and all issues returned to the Pedestrian/Traffic Safety Committee for considera- tion. Commissioner Vant Hull then noted this issue will be raised at the Technical Advisory Committee later this month; and she feels the Commission should address the matter first rather than becoming reactionary to actions taken by that body. Commissioner Martel indicated support for revitalizing the existing Pedestrian/Traffic Safety Committee, defining what is expected of that committee. He stated he does not feel there is any reason for appointment of another committee, since there are currently three committees addressing this item. City Manager Wysocki noted that the Pedestrian/Traffic Safety Committee was created through an I nterlocal Agreement dated December 22, 1976, between the School District, Gallatin I County and the City of Bozeman. He stated that any changes to that Committee should be discussed with the other two bodies. He noted that he had just received the copy of this agreement prior to the Commission meeting and indicated he would distribute copies to the Commissioners. Mayor Mathre stated she feels it is important for the Commissioners to have the back- ground information prior to discussing this matter any further. She also indicated an interest in finding out whether the Pedestrian/Traffic Safety Committee feels a Citizens' Advisory Com- mittee is needed. 01-06-86 - ----- - ---------- --- 14 Commissioner Jordan noted the City already has several committees; and many of the same people are serving on those various committees. He indicated that if the Commission feels those committees should be stronger or should have more input, then they should be given the necessary powers; but additiona I committees should not be appointed. Commissioner Stiff indicated he would be willing to review any information on the struc- ture of the existing committees prior to making a decision. He then expressed concurrence with Commissioner Jordan's comments, noting that the existing committees often plan and promote I various recommendations; but they are usually not implemented. Commissioner Martel stated he would be willing to review additional information prior to making a final decision. Mayor Mathre requested that the City Manager submit to the Commission copies of the Interlocal Agreement, a breakdown of who is currently serving on the Pedestrian/ Traffic Safety Committee, and a statement of purpose for the Policy Coordinating Committee, the Techni- cal Advisory Committee and the Pedestrian/Traffic Safety Committee if one is available. She then requested that this item be placed on next week's agenda for further discussion. S rea k - 5: 05 to 5: 1 0 p. m . Mayor Mathre declared a break from 5:05 p.m. to 5:10 p.m., in accordance with Commission pol icy established at their regular meeting of March 14, 1983. Discussion - setting of date for orientation session City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda. Mayor Mathre suggested that the Commission establish a date and time for an orientation session, preferably during January, as well as possible topics to be discussed during that meeting. Commissioner Vant Hull submitted to the Commissioners a list of proposed topics to be discussed. I Commissioner Stiff indicated that he would like to see several topics included, but he has not yet prepared a list. He stated he feels that water seems to be the major issue, particularly as it pertains to growth, and indicated he would like an update. He then indicated that he feels the water rate issue has priority; and this orientation session must be scheduled so that it does not interfere with that process in any way. City Manager Wysocki indicated that the public hearings for the water rate increases will begin tomorrow. He stated the staff will submit its testimony after which the public will be given an opportunity to submit information. He then encouraged the Commissioners to attend but cautioned them that if they wish to speak, all comments must be cleared with attorney Bill O'Leary first. The City Manager then indicated that the Public Service Commission will review the information received and make its decision, probably in about two months. He noted during that time the Commission will not be asked to do anything; therefore, the orientation session will not conflict in any way. City Manager Wysocki then indicated that he has a list of items which he feels should be covered in the orientation session, including a discussion on the roles of the Commission versus the Mayor versus the City Manager; goals presented to the City Manager by the Commission; goals presented to the Commission by the City Manager; potential agenda items within the next three to six months; and an update on current projects within the various departments. Commissioner Jordan indicated that he feels the orientation session should include infor- mation that would be helpful to the carry-over Commissioners as well as the new ones. He indicated that he feels those items which would be a repeat for the carry-over Commissioners I could be covered through a meeting with the City Manager. The City Manager indicated that he will attempt to avoid covering a lot of old infor- mation; however, he feels it is important for all of the Commissioners to be present at the orientation session so that they have the same information. He further noted that the carry- over Commissioners may be able to clarify some of the issues. Commissioner Martel stated he feels it is important for all of the Commissioners to attend. 01-06-86 ---------.--- 1 C' ,) He noted that a review of roles and goals would be very helpful; and the orientation session could include other items deemed important after that review. The Commission then set 1: 00 p.m. on Saturday, January 18, 1986, as the date and time for the orientation session. The City Manager indicated that the staff will determine the place for the meeting and report back to the Commission. I Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A "State of the City" report as prepared by Mayor Mathre. Commissioner Stiff asked if the City could gather information through similar reports from other communities. Mayor Mathre stated she is not aware of any other city that has prepared this type of statement, noting that this report covers a number of topics. (2) Copies of the BizNet updates from the Chamber of Commerce. (3) The City Manager reminded the Commissioners of the Interagency Breakfast, which will be held at 7:00 a.m. on Wednesday, January 8, 1986 at the GranTree Inn. (4) The City Manager reminded the Commissioners of the water rate hearings before the Public Service Commission, beginning at 10: 00 a.m. on Tuesday morning in the Community Room at the Public Library. (5) A letter just received from Morris Jaffe concerning the possible reinstatement of the invocation rather than the moment of silence. (6) The City Manager then submitted a verba' report on the National League of Cities Congress of Cities recently held in Seattle, Washington. He highlighted some of the information he had gleaned, noting that he looks for things other communities are doing that could be used in Bozeman and possible areas for revision in the State Statutes which govern what the City is allowed to do. I City Manager Wysocki noted that he had attended the session on university communities and gathered some ideas for future consideration, possibly through legislative changes. He stated that in some areas, the university would pay cash-in-lieu of taxes on that portion of space used for commercial ventures, such as gift shops and bookstores, in competition with other private businesses. He noted some areas have university zoning districts, but he does not feel that would apply here because the off-campus student living areas are not concentrated in a particular area of the community. The City Manager then indicated that some communities have adopted ordinances addressing tenant misconduct, providing that if more than one disturbance call is made to a specific loca- tion, the tenant as well as the landlord must respond. Occupancy permits, which apply to the number of people and vehicles allowed for a particular residential unit, are also enforced in some communities. He further noted some communities charge an amusement tax on all non-school- related activities held on state-owned land. City Manager Wysocki then indicated that development strategies were discussed, along with various ways to promote the downtown areas; and he noted that many of those items are currently being done by the Downtown Bozeman Association. He further noted that other development strategies are being addressed through the Certified Cities Program. The City Manager then noted that one important comment made during the conference is that there is a need for a Department of Local Government at the State level. He noted that, although the State of Montana does have a Division of Local Government Services, that addresses only financial and auditing practices. He noted another seminar addressed city investments, I noting the SLY rule--safety, liquidity and yield--must be of primary concern. That seminar further pointed out that state laws and politics have a great influence on the investment proce- dures followed in various communities. He stated another area of discussion was cash management pol icies, which included discussions on accepting early payments and budget bi lIing programs. Investment of state pension funds to obtain the highest interest rate was also discussed. The City Manager then stated that he attended a session on solid waste management. He noted that requirements for beginning of a new landfill in the eastern states were discussed as well as automated collection systems. He stated that burning of garbage was also discussed; 01-06-86 16 and those discussions indicated that unless an area has 500 tons per day, it is not worth the expense, although the manufacturers state that 300 tons per day is all that is necessary. City Manager Wysocki stated that insurance pools and liability caps were also addressed; and it was noted that state adoption of legislation to place a cap in the liability to be incurred by local government should be encouraged. Further, indemnification ordinances or state laws addressing indemnification for local elected and appointed officials were encouraged; and he noted that Montana does have such legislation. I Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. 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. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I . 01-06-86