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HomeMy WebLinkAbout1985-01-28 2'+ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONT ANA January 28, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building. January 28. 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I 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. The minutes of the regular meeting of January 21, 1985, were approved as amended. - Ei NEi SWi of City Manager Wysocki presented to the Commission a letter of request from the applicant, Gene Cook, for a one-year extension of the Preliminary Plat for Sapphire Subdivision. This subdivision is located in the east one-half northeast one-quarter southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The site is more commonly located along the south side of West Babcock Street, just north of the Main Mall. The City Manager then stated that Arthur Van't Hul, representative for Mr. Gene Cook, telephoned this morning indicating that the applicant intends to finalize the plat for the Sapphire Subdivision, so the extension would not be necessary. The City Manager stated he had requested that the applicant submit a letter stating his intentions prior to the Commission meeting time, but he has not received that letter. He then recommended that the Commission table action on this item for a period of one week to allow the applicant time to submit a letter of withdrawal. Mayor Weaver noted the initial approval of the Preliminary Plat will expire on March 26, 1985, so the Commission has adequate time to act on this request or to acknowledge receipt of the appl icant's withdrawal of the request. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on the request for a one-year extension of the Preliminary Plat for Sapphire Subdivision for a period of one week to allow the applicant time to submit a letter of withdrawal if he so desires. 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. services - 1.75-acre arcel located north of City Manager Wysocki presented to the Commission a request on behalf of Glenn E. and Ada Joan Hall for authorization to connect a 1.75-acre parcel located north of Kagy Boulevard to City water and sanitary sewer services. The City Manager stated that Mr. Hall has discussed this matter with Director of Public Service Holmes; but the only item Mr. Hall has discussed to date has been connection to the sanitary sewer line. He stated an extension from the sewer trunk to the edge of Kagy Boulevard was installed prior to the paving of Kagy to avoid cutting the pavement if this connection is approved. Mayor Weaver asked if the concept of service districts applies to water connections. City Manager Wysocki stated that service districts do not apply to the City's water service. He indicated the City has adopted an unwritten policy that water services will be provided only to areas within the city limits. He then indicated the City should consider requests for connection to the sanitary sewer line from any property lying within the service I district. Mr. Philip IIWinkll Davis, Attorney representing Mr. and Mrs. Hall, stated the reference to water services in the letters and the attached documents is erroneous. He stated the appli- cation is for connection to the sanitary sewer services only and requested that the words lIand waterll be removed from all references in the letters and documents. Mr. Davis stated the main reason for this request is that the County will not accept the deed for filing because the site is 01-28-85 25 covered by sanitary restrictions. He also indicated the subject parcel is surrounded by city limits. Mayor Weaver asked if the subject parcel is completely surrounded by city limits or almost surrounded. City Manager Wysocki stated the subject parcel is almost surrounded by the city limits; but it is not contiguous to the city I jmits. I Mr. Davis noted the subject parcel is contiguous through a 30-foot access easement from Kagy Boulevard to the site. Commissioner Vant Hull asked if there is a curb cut onto Kagy Boulevard. Mr. Hall indicated there is a curb cut for the easement to his parcel. Commissioner Vant Hull then stated she has several questions which she feels the staff may wish to research. She also expressed concern about acting on the request at this time because the City Attorney is not available to address some of the questions she feels should be considered. City Manager Wysocki stated he has reviewed some of the Commissioner's questions. He stated some of the questions are about possible floodplain designation; and some address land use and possible development densities. He stated he feels many of the questions will be ad- dressed during annexation and rezoning hearings. Mayor Weaver asked if the City Commission can act on this request without action by the County on recording the deed for the subject site. The City Manager stated that the County must know that the sanitary sewer service is available before the deed for this property can be recorded. After the deed has been recorded, the applicant may submit applications for annexation and rezoning if he so desires. The City Manager then noted that the site is currently zoned RS-1, which means that one dwelling unit may be constructed on the subject property. Commissioner Vant Hull noted the subject parcel is low and questioned whether the sewer line could be properly sloped. I Mr. Davis stated engineering designs have been done for connection to the sanitary sewer main; and those drawings indicate that the slope to the sewer main will meet the design requirements. Commissioner Jordan asked if the information submitted to the Commission is accurate and questioned whether the Commission should know more of the past history on this site. Mr. Glenn Hall stated his property was initially included in the floodplain; but following review, the floodplain was redrawn; and his property was not included within the floodplain des ignation. He also stated that Thomas, Dean and Hoskins, Inc., has completed an engineering feasibility study and determined that achieving the proper slope on the sanitary sewer line will be no problem. Mr. Hall then stated that the references to water service in the letters and attached documents have been made in error; and his intention was to request connection to the sanitary sewer service only. It was moved by Commissioner Vant Hull that action on this request be tabled for a period of one week to allow the City Attorney time to address some of the questions which have been raised. The motion died for the lack of a second. The Commission reviewed the five criteria for connection of a parcel located outside city limits to the sanitary sewer system, as specified in Section 13.32.030; and determined that the answers to all of those criteria are affirmative. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the request submitted by Glenn E. and Ada Joan Hall for authorization to connect a 1. 75-acre parcel of land located just north of Kagy Boulevard to the City's sanitary I sewer system. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. Discussion - proposed carrier change for Workers' Compensation City Manager Wysocki presented to the Commission a memorandum written by Director of Finance McKinney recommending that the City change its Worker's Compensation coverage from the State to First West Agency of Bozeman. 01-28-85 26 The Director of Finance stated that First West has indicated the proposed coverage would be through EB I, which is a recognized specialist in Workers' Compensation Insurance. He indicated the State has increased its rates for all classes of employees by 15 percent, effective January 1 t 1985, which will raise the City's cost to approximately $60,800.00 per annum, while the rates through EBI would be $51,000.00 per annum based on current rates. The Director of Finance then stated the experience rating and premiums are adjusted each July 1. He then indicated the rates can only be compared for the five-month period from February 1, 1985 I through June 30, 1985; and those rates show that the City would save $4,000.00 in premiums during that period if it changes insurance carriers. He noted the representative for EB I has indicated that the rates charged by that firm have sometimes equalled the State rates, but has never exceeded the State rates. The Director of Finance then stated if the City changes to EB I for coverage, that cover- age also includes loss control services. The provision of that service is to be available through the State t but it does not have adequate resources to provide the service. He indicated that the loss control services would probably cost $2,500.00 over a 12-month period if the City were to hire a consultant. The Director of Finance then stated he had sought proposals from other local companies, but they either could not provide the service or refused to submit a proposal. Director of Finance McKinney then suggested that the Commission approve the change of carriers for Workers' Compensation. He noted that the budget for the premiums for Workers' Compensation will not be exceeded if the change is made; but a budget amendment must be considered if the Commission wishes to remain in the State system. Commissioner Jordan asked how long the entities listed as clients have been under the EB I service. The Director of Finance stated all entities have been under the EB I service for less than one year. Mayor Weaver asked if the City would have an opportunity to move from the EB I service to the State again if it makes this change. The Director of Finance indicated that the City could go back under the State program I at any time it chooses. He stated the City is now grandfathered into the State system. If the City changes to EB I and then changes back to the State coverage, a deposit in the form of a security for six months' premium is required. He stated that can be handled through signing a right to the State for $30,000.00; but the City will maintain the float and the interest on those funds. Commissioner Jordan stated he feels the proposed change is good; but he is concerned about possible losses and increased premiums through the EBI service. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize the change of carrier for Workers' Compensation from the State of Montana to EBI through First West Agency of Bozeman, effective February 1, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Staff report - 1982 Water Revenue Bond Issue Covenants City Manager Wysocki presented to the Commission a memorandum from Director of Finance McKinney regarding the covenants of the 1982 Water Revenue Bond Issue. The City Manager noted that an investment banker from Dain, Bosworth, Inc., has indicated that the City should be concerned about its inability to meet the 1.25 percent coverage on the 1982 Water Revenue Bonds, as provided in the covenants. He stated the revenues generated under the present I water rate structure are not adequate to meet the bond covenants; and the City will not be able to meet the covenants until the Public Service Commission authorizes an increase in water rates. The City Manager then noted the City may be unable to sell additional bonds for other water improvement projects until it is able to meet the covenants of the 1982 Water Revenue Bond issue. City Manager Wysocki then stated it is important for the public to be aware that the City must meet the 1.25 percent coverage required under the covenants of the 1982 Water Revenue Bond issue as well as establishing reserves for additional water improvement projects. He a I so 01-28-85 -~- -- 27 stated the Water Fund should not be in a posture of needing to borrow any additional monies from the General Fund. He further noted that the City should attempt to retire the debt and the water bonds in a timely manner. Mayor Weaver noted that corrective action for this problem would be a favorable ruling by the Public Service Commission. He stated that the revenues from the water rates must be sufficient to meet the bond covenants and service the debt, or the City's full faith and credit I is compromised. He also stated the City has worked too hard to establish the posture of prudent financial management to have it eroded by failure to meet the bond covenants or to have a negative PSC ruling. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the staff report on the 1982 Water Revenue Bond issue covenants. 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. Authorization to write off uncollectible water, sewer and street accounts as of January 31, 1985 - $973.54 City Manager Wysocki presented to the Commission a request, along with a listing of specific accounts, for authorization to write off $973.54 in uncollectible water, sewer and street accounts as of January 31, 1985, as prepared by Director of Finance McKinney. The City Manager noted that, although these uncollectible debts would be written off, the staff will continue trying to collect the monies. He noted all possible action has been taken to collect the monies, including submission to a collection agency. City Manager Wysocki then recommended that the Commission authorize the writing off of uncollectible water, sewer and street accounts as listed. Commissioner Vant Hull asked if people are required to submit a deposit when opening an account. I Director of Finance McKinney stated that a deposit equal to one-sixth of the average annual water and sewer bill is required from those about whom the credit references are unsure. He stated if a deposit has been made, that amount has been applied to the account; and the amount listed is the remainder of the bill. The Director of Finance then indicated that if an individual submits a deposit and pays the bill in a timely manner during the first eighteen months, the deposit is refunded. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Director of Finance to write off $973.54 in uncollectible water, sewer and street accounts as of January 31, 1985, as listed on the attachment to the request. 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. Commission Resolution No. 2515 - intent to annex Smith Annexation City Manager Wysocki presented Commission Resolution No. 2515, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2515 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE I CORPORATE LIMITS THEREOF. City Manager Wysocki stated that the Commission had heard the Staff Report on the Smith Annexation at its meeting of January 14, 1985. The City Manager then reminded the Commission that the subject annexation request is for a 240-acre parcel located at North Nineteenth Avenue extended and Durston Road. He recommended that the Commission adopt Commission Resolution No. 2515 and set the public hearing date for February 19, 1985. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2515, stating the City's intent to annex the Smith 01-28-85 ~--_._.- 28 Annexation, and set the public hearing date for February 19, 1985. 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. B rea k - 4: 50 to 5: 00 p. m . Mayor Weaver declared a break at 4:50 p.m., to reconvene at 5:00 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Revised Ordinance No. 1171 - sidewalk snow removal City Manager Wysocki presented Ordinance No. 1171, as revised by the City Attorney, entitled: ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS; PROHIBITING DEPOSITING OF SNOW AND ICE IN CERTAIN PLACES; AND IMPOSING PENAL TIES. City Manager Wysocki stated the following revisions have been made in this Ordinance: 1. Section 12.24.020. (a) (1). This section imposing a maximum width for sidewalk clearance of 8 feet has been deleted. The remaining subsections have been renumbered. 2. Section 12.24.020.(a)(4). This subsection, now renumbered as Subsection 3, has been changed to require that snow removal from all other sidewalks except those in the enumerated business districts shall be accompl ished within the first 24 hou rs after the cessation of any snowfall. 3. Section 12.24.020. (b). This section has been amended to delete the term "salt" and to substitute the term "suitable substance" for the term "abraslvell all in line number 5. 4. Section 12.24.030. This section has received minor wording changes in order to clarify its intent. I 5. Section 12.24.040. (c). This subsection has been changed to impose a civil penalty in addition to the actual cost of snow removal of "Twenty Dollars ($20) or twenty percent (20%) of such costs, whichever is greater. II The City Manager then recommended that the Commission finally adopt Ordinance No. 1171 as revised. Mayor Weaver asked if the principal mechanism for enforcing the Ordinance will be in the form of reminders through door hangers that the snow is to be removed from the sidewalk, which will be followed by snow removal at the City's instruction and billing of those costs plus a penalty to the resident or property owner or both, with possible citing into City Court as a final measure if necessary. The City Manager stated that is the method of enforcement which will be used. He indicated that probably 80 percent of the snow removal problems will be effectively addressed through the assessment process, with the remaining problems being addressed through City Court if necessary. Mayor Weaver asked if the City's capacity to meet its obligations under this Ordinance will be reviewed during the budgeting process. The Commission concurred that the City's equipment and ability to meet its obligations should be carefully reviewed during the budgeting process. Commissioner Vant Hull asked if this Ordinance could be adopted as an emergency ordinance so that it wi II become effective immediately. I Assistant City Manager Barrick stated this Ordinance does not meet the requirements which must be satisfied by an emergency ordinance. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that Ordinance No. 1171, revising the provisions for sidewalk snow removal, be finally adopted, noting that it will become effective in thirty days. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. 01-28-85 29 Citizens' committee report re handicapped parking - Shirley Sedivy City Manager Wysocki stated that Mrs. Shirley Sedivy has requested an opportunity to address the Commission concerning handicapped parking. Mrs. Sedivy stated that the citizens' committee has met and discussed existing access problems faced by the handicapped. She noted that, although enforcement of the handicapped parking stalls has improved, parking in the downtown area is still very difficult. Mrs. Sedivy I stated that one of the major problems is that people park halfway into the parking stall; and if a handicapped person tries to park a van in that stall, usually a pole or some other obstruction will not allow the side door to open. She noted the handicapped parking stalls most often abused in this manner are the ones in front of the Baxter Hotel, Miller's Jewelry, First Bank and the Powder Horn. Mrs. Sedivy stated that research indicates that 2250 handicapped parking permits have been issued statewide; fifty handicapped plates have been issued in Gallatin County; and the University must provide parking for ninety to one hundred handicapped students on campus. She then indicated she has requested a print-out of all handicapped permits issued through Deer Lodge; and she will then be able to provide a more accurate count of the handicapped persons in Bozeman. Shirley Sedivy then noted that there are ten handicapped parking stalls in the downtown area for approximately two hundred handicapped individuals; and it would be beneficial if those stalls were open when needed. Mayor Weaver noted the Commission has indicated its seriousness about providing handi- capped access and are willing to implement whatever enforcement may be necessary to maintain the handicapped parking stalls for those individuals who need them. Mrs. Sedivy suggested that the fine for parking in a handicapped stall be raised from $15.00 to $50.00. Mayor Weaver asked if the $15.00 fine has made any difference. Mrs. Sedivy indicated it has made a difference; and stricter enforcement has helped. Commissioner Vant Hull noted that she has received complaints that the process for I obtaining a handicapped sticker through the State takes a long time; and if one is only temporarily handicapped, the sticker may not arrive until after it is no longer needed. Mrs. Sedivy stated that item was discussed at the last Committee meeting. She noted that most permanently handicapped individuals carry a sticker or placard to use when they are out of town or out of state and using a rented vehicle. She also indicated that most individuals have no problem getting a sticker in a short period of time if the doctor cooperates and pro- vides the necessary documentation. Commissioner Anderson asked if the Committee has any information on what the fines are in other cities, particularly in Montana. Mrs. Sedivy stated she does not know what the fines are in other cities in the state; but she noted that in Arizona, the fine is $100.00 for parking in a handicapped stall. She then indicated that handicapped stalls in parking lots for grocery stores and shopping centers where only striping is done and no upright signs are installed are often abused. Also, the handi- capped stalls at the high school are often filled, with no handicapped sticker in the window. Mrs. Sedivy then suggested that a list in the Bozeman Daily Chronicle of those who have been fined for parking in a handicapped stall may effectively deter some of the abuse. She also suggested that two signs--indicating that the space between is reserved for handicapped parking--may alleviate some of the problems. Commissioner Vant Hull asked if the staff could determine how many handicapped viola- tions there are in a month. City Manager Wysocki stated the computer print-out indicates there were 53 tickets I issued in July 1984; 47 tickets in August 1984; 43 tickets in September 1984; 36 tickets in October 1984; and 48 tickets in November 1984. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt a resolution stating "Be it resolved by the City Commission of the City of Bozeman that the handicapped parking ordinance be vigorously enforced and that, if necessary, the Commission intends to re-evaluate the fine structure in June 1985. II The motion carried by the followi ng Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner 01-28-85 30 Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - revised draft of guidelines for IDR bond issues and housing IDR bond issues City Manager Wysocki submitted Draft No. 2 of the guidelines for IDR bond issues and housing IDR bond issues. He noted the comments and questions submitted by Commissioner Vant Hull are attached to the guidelines. He then suggested that the revised guidelines be I discussed separately, beginning with the housing I DR bonds. Mayor Weaver suggested that a broad descriptive word or phrase be used in Item No. 2 rather than an arbitrary percentage of low-income and handicapped units to provide flexibility in considering proposals. Commissioner Mathre noted that federal guidelines require a minimum percentage, which must be met; and the Commission may wish to leave that aspect flexible or may wish to require a certain percentage of units. The Mayor indicated he wishes to leave the provision flexible because (1) placing a number on something when the origin is arbitrary in the first place tends to create a degree of precision that doesn't exist in reality; and (2) it provides a misleading signal to the develop- ment community that might be interested in looking at low-income housing projects supported by I DR bonds. The purpose of the project should be to provide low-income housing. Commissioner Vant Hull suggested that a minimum of 20 percent be required; and that another sentence be added indicating that preference will be given to housing projects with a higher percentage of low-income housing. Commissioner Jordan stated he would prefer to see monies used to construct a strictly low-income housing project than to see a project with many amenities in which 20 percent of the units are designated for low-income families. Commissioner Vant Hull indicated she would prefer to have low-income units included in a mixed housing project, rather than having a project which consists of low-income housing only. Commissioner Jordan stated he feels that a project should be aimed at low-income housing I to be considered for this type of funding. He then suggested that the Commission may wish to require that 50 percent of the units be designated for low-income families. Ms. Marcia Youngman, Housing Consultant, stated the Housing Committee has gathered information on the use of IDR bonds for housing projects. She stated that those involved with this type of financing were very surprised that the City of Bozeman is considering requiring that more than 20 percent of the units be designated as low-income units. Ms. Youngman stated those contacted feel that a project would be minimally feasible financially if more than 20 percent are designated as low-income units. She then stated the rents charged for low-income units across the country are not based on the income but range from $400.00 to $500.00 per month. Ms. Youngman then stated that she feels annual review of incomes of those living in designated low-income units should be required. She then indicated if the Commission requires that more than 25 percent of the units be low-income units, the builders will not consider this type of financing; and additional affordable units will not be constructed. Commissioner Jordan stated that the market rate units constructed in a mixed housing project must be larger and more luxurious than those normally found in a low-income housing project to attract renters. He noted that if all of the units in a project were for low-income families, the units could be smaller and less luxurious; and the units would be filled a larger percentage of the time. Mayor Weaver stated the balance between government interference and the public good must be carefully considered. I Commissioner Anderson stated there is a need for low- and moderate-income housing, as well as housing for handicapped individuals. She then noted the public benefit could be met through a mixed housing project, which may decrease the number of persons on waiting lists for affordable housing. Housing Consultant Youngman stated that she feels the Housing Committee should meet with developers to discuss the use of lOR bonds for construction of more affordable housing. 01-28-85 31 She also stated she feels the Commission should conduct a public hearing prior to adoption of the guidelines for I ndustrial Development Revenue bonds for housing projects. Ms. Youngman then reviewed some of the remaining proposed guidelines. She questioned whether the application and issuance fees are based on actual costs, noting that if a portion of the fees are not required for administration of the bond issue, the fees could possibly be lowered to make this type of financing more attractive. I City Manager Wysocki stated there are administrative costs involved with the issuance of IDR bonds; and there is an impact on City services when a $1 million project is constructed. He stated the appl ication and issuance fees help to offset those costs. Mayor Weaver stated the developer is constructing housing units for profit; and he is concerned about the government becoming involved in a profit-making situation. Ms. Youngman then stated that Item No.7 involves impact on the waiting lists for various existing housing projects. She expressed concern about using those waiting lists in the guide- lines because very, very-low income persons are included; and some persons do not put their names on the waiting list because they want affordable housing immediately, not in eighteen months. She stated it may be possible for the low-income units in a housing project to fill, with no change in the waiting lists for housing. She then suggested that the language be changed to read "Applicant must state the need for low-income housing, and demonstrate that the demand would be reduced." The Housing Consultant then addressed Item No. 10. She suggested that the item be revised to read "That applicant must present rates for the low-income units no greater than 30 percent of the income ceilings for very-low-income people." Ms. Youngman then suggested that the Commission may wish to consider the option of energy efficiency. She noted that the requirement for energy efficient insulation and possibly smaller windows incurs higher initial costs but lower monthly utility bills. She also noted that super insulating can make a home so tight that an additional ventilating system is required; and that should be carefully reviewed before any guidelines on energy efficiency are adopted. I Commissioner Jordan suggested that the Commission may wish to meet with the Housing Committee to discuss the draft guidelines before action is taken. The Commissioner also stated he feels the guidelines should contain a provision that, although an application may meet all of the guidelines listed, the Commission must consider the project; and may reject the project if it does not feel the subject project is in the best interests of the community. B rea k - 6: 05 to 6: 1 5 p. m . Mayor Weaver declared a break at 6:05 p.m., to reconvene at 6:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - revised draft of guidelines for IDR bond issues and housing I DR bond issues City Manager Wysocki suggested that the Commission review the revised draft of the guidelines for considering Industrial Development Revenue bond issues. He noted that Commis- sioner Vant Hull has submitted a page of suggestions; and he has incorporated a portion of those suggestions into the revised draft guidelines. The City Manager then reviewed the revisions he has made. Commissioner Vant Hull stated she does not feel the City should approve the issuance of I DR bonds for a project in an area that is not annexable. City Manager Wysocki stated that it may be desirable at some time in the future to issue IDR bonds for a project. He noted the County may not approve the issuance of IDR bonds for I a project; and the City may wish to utilize its powers under the State Statute and issue the I DR bonds if the project is in the community's best interests. Mayor Weaver suggested that the provision in B.2. be revised to read "The applicant must demonstrate significant community benefit from the project. These benefits must be basically identified in the application and will be evaluated by the City in light of the needs of the community. Significant public benefit, including preservation of natural amenities, must be demonstrated. " The Mayor noted that the revision would indicate clearly that the applicant 01-28-85 32 bears the burden of demonstrating the benefit as well as the City's responsibility to establish the need. Commissioner Jordan stated it is important for those who may be interested in using IDR bonds to know the guidelines; but it is also important for this Commission to write the guide- lines in a manner that indicates this Commission's intentions, because in six to eight years the Commission may have entirely changed. Mayor Weaver then asked about the redevelopment area mentioned in the guidelines. I City Manager Wysocki stated a redevelopment area is an area which has not been developed to its highest or best use or an area that is basically rundown which the City is encouraging be upgraded. Mayor Weaver then suggested that the Commissioners submit any further revisions to the City Manager so the guidelines can be redrafted and submitted In final form for possible adop- tion at next week's meeting. Commissioner Anderson asked if the Commission should conduct a public hearing on the proposed guldel ines prior to adoption. City Manager Wysocki stated that general knowledge of Industrial Development Revenue Bonds is not widespread; and he does not feel a public hearing would generate input necessary for adoption of the guidelines for consideration of applications for the use of IDR bonds. Authorize Mayor to siqn - Standard Aqreement with the Hiqhway Traffic Safety Division - grant tor purchase of traffic counters In the amount of $9,500.00 City Manager Wysocki presented to the Commission a request for authorization for the Mayor to sign a Standard Agreement with the Montana Highway Traffic Safety Division for a grant in the amount of $9,500.00 to purchase traffic counters. The City Manager stated that Engineering Officer Nell Mann has reviewed the documents and concurred in his recommendation that the Commission authorize the Mayor to sign them. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Standard Agreement with the Highway Traffic Safety I Division for a grant in the amount of $9,500.00 to purchase traffic counters. 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. Authorize Call for Bids - one lifting device, ten 60-qallon containers and ninety 90-gallon containers for pilot automated garbage collection system City Manager Wysocki presented to the Commission a request from Director of Public Service Holmes for authorization to Call for Bids for the purchase of one lifting device, ten 60-gallon containers and ninety 90-gallon containers to implement the pilot automated garbage collection program approved by the Commission on November 13, 1984. The City Manager reminded the Commission that the costs for this pilot program are non-reimbursable. He then recommended that the Commission authorize the Call for Bids. Commissioner Anderson stated that during the NLC Congress of Cities one firm indicated that it would provide the needed items on a rental basis. She questioned if that approach might be more economical. City Manager Wysocki indicated he has not contacted the firm but will do so during the time the City is accepting bids for the purchase of the needed lifting device and containers. He stated some people volunteered during the initial discussion on this pilot program; and an intern is now working to establish some target areas and a truck route, since only one garbage truck will have the lifting device. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize the Call for Bids for the purchase of one lifting device, ten 60-gallon containers and ninety 90-gallon containers to implement the pilot automated garbage collection system. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan. 01-28-85 33 Discussion - extension of Employment Aqreement between the City Manager and the City of Bozeman Mayor Weaver stated the Commissioners had received copies of the existing Employment Agreement between the City Manager and the City of Bozeman in their packets. He then suggested the following revisions to the Agreement: amend Section 2 to read "an annual salary of $44,000.00, effective through December 31, 1985;" amend Section 3.a. to read "... shall be I February 1, 1985 through June 30, 1988; II and amend Section 6 to provide for performance reviews every twelve months, rather than every six months. The Commissioners discussed the proposed revisions, agreeing on the proposed annual salary, but questioning the change from a July 1 salary review to a January 1 salary review. The Mayor stated a January 1 salary review recognizes that the City Manager is a special employee. Commissioner Vant Hull expressed concern about the proposed change to January 1 salary adjustments and stated she feels that process should not be separated from the budget- ing process. Mayor Weaver then noted the Commission had determined at the time of hiring that the City Manager's salary would be adjusted this year; and in the future the cost of living adjustments and merit will be considered in making salary adjustments. City Manager Wysocki stated that if the salary is adjusted on January 1 of each year, he can then determine whether he wishes to remain with the City of Bozeman or move to another position; and if he decides to terminate his employment, the Commission will have adequate time to find a replacement. Mayor Weaver expressed surprise that the current Employment Agreement does not terminate on a date specific. He noted that if the agreement is extended to June 30, 1988, those Commissioners involved in the agreement extension process will have an opportunity to review the City Manager's job performance and be in a position to evaluate his performance based on their own observations. The Commission concurred in the proposed extension. The Commission then discussed the frequency of performance evaluations and concurred that every twelve months would be satisfactory. City Manager Wysocki stated he would prefer to have the evaluation completed every six months so that if any problems exist, they may be I addressed in a timely manner rather than creating conflicts for possibly five or six months. The Commission then concurred that the provision for performance evaluations will remain as written and will be completed every six months. Commissioner Mathre then asked if the items concerning moving should be removed from the original agreement. The Mayor noted that the original agreement will be retained; and the revisions will be made through an addendum. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the staff prepare an extensi.on of the Employment Agreement with the suggested changes and that it be brought back next week for further discussion and possible adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. Appointments to Cemetery Board City Manager Wysocki noted that the appointment of persons to fill the vacancies on the various boards was tabled until this week to allow the Commissioners an opportunity to review the applications submitted. The Commission then concurred that each vacancy on each board or commission be considered separately, with a straw vote to be completed prior to the submission of any recommendation for the vacancy being considered. Commissioner Vant Hull expressed concern that some of the applicants for the Cemetery I Board live outside the city limits and asked if those individuals should be considered. Assistant City Manager Barrick stated the statutory provisions include residents within three miles of the city limits. Mayor Weaver recommended that the Commission re-appoint Mrs. Alice Bradford to a three-year term. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission re-appoint Mrs. Alice Bradford to a three-year term on the Cemetery Board, to expire on December 31, 1987. The motion carried by the following Aye and No vote: those 01-28-85 31t voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Mayor Weaver recommended that the Commission re-appoint Mr. Kenneth E. Monroe to a three-year term. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission re-appoint Mr. Kenneth E. Monroe to a three-year term on the Cemetery Board, to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- I sioner Jordan and Mayor Weaver; those voting No, none. Mayor Weaver recommended that the Commission appoint Mr. Norman Thurston to replace Mrs. F.I. Sabo for a three-year term. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission appoint Mr. Norman Thurston to replace Mrs. F .1. Sabo, with a three-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. Confirmation of Temporary Appointments Mayor Weaver stated he has appointed Duncan MacNab and Tom Messick to the Board of Adjustment; and Roger Craft, John DeHaas and Robert Soper to the Zoning Commission, for the period endi ng February 28, 1985. He noted this will allow the Boards and Commissions to conduct the necessary City business. He then requested that the Commission concur in these temporary appointments. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission concur in the temporary appointments of Duncan MacNab and Tom Messick to the Board of Adjustment; and Roger Craft, John DeHaas and Robert Soper to the Zoning Com- mission for the period ending February 28, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner I Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Appointments to Board of Adjustment Mayor Weaver reminded the Commission that all appointments to the Board of Adjustment and the Zoning Commission are for the period beginning March 1, 1985. He then recommended that the Commission appoint Mr. James E. Banks to replace Mr. Tom Messick for a three-year term. He noted this appointment would provide a joint membership on the Zoning Commission and Board of Adjustment, as provided in the Bozeman Municipal Code. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint James E. Banks to replace Tom Messick, with a three-year term to begin on March 1, 1985 and expire on December 31, 1987. 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. Mayor Weaver recommended that the Commission appoint Mr. Michael J. Powers to replace Mr. Duncan MacNab for a three-year term. It was moved by Commissioner Mathre, seconded by Commissioner Jordan, that the Commission appoint Michael J. Powers to replace Duncan MacNab, with a three-year term to begin on March 1, 1985 and expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Jordan, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant Hull. Appointments to Zoning Commission I Mayor Weaver recommended that Roger Craft be re-appointed for a two-year term. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission re-appoint Roger Craft, with a two-year term to begin on March 1, 1985 and expire on December 31,1986. The motion carried by the following Aye and No vote: those voti ng Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. 01-28-85 3r ;:) Mayor Weaver recommended that Mr. Henry F. Shovic be appointed to replace John DeHaas for a two-year term. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission appoint Henry F. Shovic to replace John DeHaas, with a two-year term to begin on March 1, 1985 and expire on June 30, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner I Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. Mayor Weaver recommended that Katherine A. Ball be appointed to replace Robert Soper for a two-year term. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Katherine A. Ball to replace Robert Soper, with a two-year term to begin on March 1, 1985 and expire on June 30, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathrel Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. The Commission then concurred that letters should be sent to those who were appointed and re-appointed, to those who applied but were not selected, and to those who have served but not been re-appointed. The Mayor indicated he will prepare draft letters for review by the Commission at next week's meeting. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" item s . (1) Weekly construction reports submitted by Thomas, Dean and Hoskins, Inc., for Group III, Schedule II of the Water System Improvements projects. (2) A copy of a letter from Mike Money, President of the Montana Association of Planners, requesting a legal opinion on the constitutionality of a bill to allow the local governing bodies the authority to require developments to participate in providing needed off-site improvements. I (3) A memo from Mike Money, President of the Montana Association of Planners, submitting the final draft of a bill to tighten up the use and abuse of the exemptions and redefining a subdivision, while allowing the minimum acreage to remain at 20 acres. The memo also requests that the Commission review this bill and submit a letter of support. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission ask Mike Money to obtain the bill number and draft a letter of support, to be forwarded along with any suggested revisions from the Commission, to be submitted at next week's meeting for review and possible action. It was then moved by Commissioner Anderson, seconded by Commissioner Jordan, that action on this item be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. (4) Commissioner Mathre stated she has received a letter, along with an invoice, for renewal of the City's membership in NATOA (National Association of Telecommunication Officers and Advisors). She then requested that this item be placed on next week's agenda for discussion. (5) Commissioner Mathre stated she has a copy of HB239, introduced by Norm Wallin, concerning multi-district funding of certain activities. She stated this wi II be heard before the House Local Government Committee on Saturday, February 2, at 2: 00 p. m. City Manager stated he would submit a copy of the bill to the Recreation Advisory Board if the Commission supports that action. The Commission concurred. I (6) Commissioner Vant Hull submitted to the Commission an update on new bills intro- d uced . She noted the Commission should consider supporting H 8368, appropriating 5 percent of the Coal Severance Tax monies to local government, and HB493, appropriating not less than 25 percent of the Coal Several Tax monies to infrastructure, including local governments. Commissioner Vant Hull then gave a brief recap of the hearing on HB170, appropriating 5 percent of the income tax to local governments to help fund the Block Grant Program. 01-28-85 3G Commissioner Mathre stated that at the Board of Directors meeting last week, the League of Cities and Towns indicated it would support raising the motor vehicle license fee $10.00 to $20.00, to generate more revenues for local governments. (7) Commissioner Jordan stated he is trying to set up a meeting of the City Commis- sioners, County Commissioners and representatives of Montana State University to discuss co-generation. He then suggested that the meeting be set for Wednesday, February 6 or Thursday, February 7. The Commissioners concurred that 4:00 p.m. on Wednesday, February I 6, would be the best time for the meeting. (8) Commissioner Jordan expressed concern about the Judge's continuance of the Valley Unit litigation. He stated he does not feel it is in the City's best interests to have this case extended. Adjournment - 7:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I . I 01-28-85