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HomeMy WebLinkAbout1984-07-09 MINUTES OF THE MEETING OF THE CITY COMMISSION 241 BOZEMAN, -MONTANA July 9, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 9, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. I The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 2, 1984 were approved as submitted. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the Claims be removed for dis- cussion. Introduction of Petronella Geurts City Manager Wysocki stated Commissioner Anderson had requested this item be placed on the agenda. Mayor Weaver noted Mrs. Petronella (Peeta) Geurts and Mr. Doug Drysda Ie were present at the Commission meeting. He stated the community is proud of both individuals. Commissioner Anderson stated the friendship between Peeta Geurts and Doug Drysdale which has endured for forty years symbolizes the type of relationship the world needs. She then presented to Mrs. Petronella Geurts, Cuyk (St. Huberts), Netherlands, a certificate with a poem by Millicent Ward Whitt from Bozeman. Mr. Doug Drysdale thanked the Commission for honoring Peeta Geurts. He noted the people in St. Hubert, Netherlands, honored him forty years ago and risked their lives for him. He noted the people in that area were willing to risk their lives and their children's lives for freedom during World War I I . He then thanked Peeta for her part in saving his life forty years ago. I Decision - Master Plan Amendment - Felska/Solvie - from Light Land se eSlgnatlOn - ort east corner 0 Intersection of a venue This was the time and place set for the decision on the Master Plan Amendment requested by Daniel Felska and Adolph Solvie to change the present land use designation of Light Industrial to Highway Commercial Land Use Designation on a tract of land located in the SE-k, NE-k, Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. This property is more commonly located at the northeast corner of the intersection of Oak Street and North Seventh A venue. City Manager Wysocki stated the Commission conducted the public hearing on this request last week. He then recommended approval of the Master Plan Amendment, based on the fact that the subject parcel lies within a jog in the existing commercial zoning of the area, and this parcel would be more logically designated as commercial. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the Master Plan Amendment requested by Daniel Felska and Adolph Solvie to change the present land use designation of Light Industrial to Highway Commercial Land Use Designation on a tract of land located in the SE-k, NE-k, Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Discussion - request submitted by Bozeman Deaconess Foundation for a letter of support for I Certificate of Need City Manager Wysocki presented to the Commission a request submitted by the Bozeman Deaconess Foundation for a letter of support for a Certificate of Need for their application for a home health care program. 07-09-84 248 Mayor Weaver noted the Commission has just received a letter dated July 9, 1984 from Lyn Post, President of Diversified Employment Services. Inc., indicating that her agency does provide home health care. Ms. Pat O'Brien, Coordinator of Outreach Services at Bozeman Deaconess Hospital, stated home health care is defined as the provision of skilled part-time nursing care plus one other therapeutic service; and the State requires that such facilities be licensed. She stated such services can be utilized by those with chronic illnesses as well as those who are acutely ill, I recovering from surgery or developmentally disabled persons. Ms. O'Brien stated the current trend is toward shorter hospital stays; and this service could provide needed items such as administration of intravenous feedings and medicine. She also noted that the program must be licensed to receive Medicare and Medicaid payments for the services. Ms. O'Brien stated the Hospital has provided home health care on a limited basis for the past seven years through maintenance of a registry. She noted this expansion would be provided through existing personnel in various areas as needed. Also, these services would be co- ordinated with other organizations and agencies, including the Gallatin County Health Department. Commissioner Vant Hull asked if this program would duplicate those services currently provided by the Gallatin County Health Department and the Diversified Employment Services. Inc. Ms. O'Brien stated she does not feel this service would duplicate that currently being provided. She noted those individuals receiving the service would normally be in the hospital if this service were not available. She also indicated the agencies could cooperate and utilize a referral system. Ms. O'Brien stated she does not know what services Diversified Employment Services, I nc., provides. Commissioner Anderson asked how many licenses will be granted within a community and whether this service would be competitive. Ms. O'Brien stated the number of licenses issued in a county is based on statistics. She indicated there are other communities in which two or three such facilities are licensed. She I then noted the Gallatin County Health Department currently has a license; and the statistics indicate one other license could be issued in the county. Mayor Weaver noted if this application were approved, it would create essentially an exclusive I icense for Bozeman and freeze out other competition. Ms. Lyn Post, President of Diversified Employment Services, I nc., stated her company , has been providing home health care services since February 1983. She noted her company employed 31 part-time individuals last month; and the monthly payroll runs between $6,000.00 and $7,000.00 each month. Ms. Post also stated she has submitted an application for a Certificate of Need to become a licensed Home Health Agency; and the Bozeman Deaconess Hospital has only filed a letter of intent to apply as of this date. She stated the Hospital would be duplicating a service which is already provided by her agency and the Gallatin County Health Department. Ms. Post then requested that if the Commission writes a letter of support for the Cer- tificate of Need for the Hospital, they also write a letter of support for her application. She stated that, based on statistics, only one home health care license will be issued in Bozeman; and if the Hospital is successful, she must close her business because she will not be able to continue operating without a license after completing this application process. Commissioner Vant Hull asked if three entities could survive in Bozeman if the State decides to issue two additional home health care licenses. Ms. Post stated the area population is not sufficient to require two additional facilities. She noted if two licenses were issued, probably neither entity would survive. I Commissioner Jordan asked Ms. Post if she has been getting reimbursements from Medicare and Medicaid. Ms. Post indicated her agency is not eligible to receive Medicare and Medicaid reim- bursements because it is not licensed. She also noted some insurance companies are willing to pay the costs of her services, but others are not because the agency is not licensed. Ms. Post also indicated she does not plan to file for Medicare and Medicaid reimbursements if she receives the license. 07-09-84 249 Commissioner Jordan noted the current licensing system creates a monopoly; and he feels that is wrong. Commissioner Mathre stated the Bozeman Deaconess Hospital has submitted a formal request for a letter of support for the Certificate of Need, but the Diversified Employment Service, Inc., has not. She suggested the Commission may wish to consider only the Hospital's request at this time. The Commissioner stated she feels there is a need for a home health care service, I but the Commission is not competent to determine which application is best. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to write a general letter of support to be submitted to the Bureau of Health Planning and Resource Development and the Montana Health Systems Agency, Inc., which can be utilized by either applicant, or both, as a portion of their appli- cations. 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. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to write a letter to the State Department of Health Services indicating that the Commission would feel more comfortable with a free enterprise type system in the promotion of health care services and support competition rather than creation of a monopoly through the licensing process. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Jordan and Commissioner Vant Hull; those voting No being Commissioner Anderson, Commissioner Mathre and Mayor Weaver. Request - permission to hang banner across Main Street - Bozeman Deaconess Hospital - July 16-22, 1984 City Manager Wysocki presented to the Commission a request submitted by the Bozeman Deaconess Hospital for permission to hang a banner across Main Street for the period July 16-22, 1984, in observance of "Support Your Local Hospital Week ,II He recommended that the I Commission approve this request. contingent upon payment of the appropriate deposit and fee at the Building Inspection Division office. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the request submitted by the Bozeman Deaconess Hospital for permission to hang a banner across Main Street for the period July 16-22, 1984, in observance of "Support Your Local Hospital Week," contingent upon payment of the appropriate deposit and fee at the Building Inspection Division office. 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 - additional covera e under Police and Professional and Public Officials' Liabilit nsurance City Manager Wysocki presented to the Commission a memorandum from the Director of Finance concerning the possible addition of a clause in both the Police Professional Liability Coverage and the Public Officials' Liability Coverage, as follows: Police Professional Liability Coverage - add a clause covering failure to arrest or detain, which will increase the renewal cost from $6,800.00 to $7,500.00. Public Officials I Liability Coverage - add a clause covering punitive damages and plaintiff's attorney fees in civil actions, which will increase the renewal cost from $5,300.00 to $6,000.00. The City Manager stated he has reviewed the proposed coverage additions and recommended I approval of both additions. The Commissioners asked about each of the coverages. City Attorney Crumbaker-Smith provided a brief explanation for each coverage. Commissioner Vant Hull asked if pending legislation would eliminate the need for the additional coverage under the Public Officials' Liability Coverage. City Attorney Crumbaker-Smith stated the legislation applies to anti-trust laws only and would not eliminate the need for this additional coverage. City Manager Wysocki stated if federal legislation makes any of the additional coverage unnecessary, the City can cancel that portion of the insurance coverage. 07-09-84 25U It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion approve the additional coverage under Police Professional and Public Officials' liability Insurance as listed above. 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. Break - 5:00 to 5:10 p.m. I Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1984. Acknowledge receipt of requests for vacation of 30-foot public right-of-way immediately west of North Seventh Avenue; commission Resolution No. 2515 - intent to vacate and set public hearmg date for August 6, 1984 City Manager Wysocki presented to the Commission requests submitted on behalf of The Topper Motel, Restaurant and Lounge; the Yellowstone Basin Plaza, Inc.; and Darigold for the vacation of a 30-foot public right-of-way immediately west of North Seventh Avenue. The City Manager stated the subject right-of-way was originally set aside for use as a frontage road, which does not seem a logical use now or in the future with existing development of the area. City Manager Wysocki then stated the staff must request additional information from the appli- cants; and Commission Resol,ution No. 2515 is not prepared for action at this time. He then recommended that the Commission acknowledge receipt of these requests for vacation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission acknowledge receipt of the requests submitted on behalf of The Topper Motel, Restaurant and Lounge; the Yellowstone Basin Plaza, Inc.; and Darigold for vacation of a 30-foot public right-of-way immediately west of North Seventh Avenue. 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. City Manager Wysocki stated the City has received a number of requests for vacation of I various public rights-of-way in recent months. He suggested that the Commission may wish to consider adoption of a fee for such requests since staff time is involved in reviewing these requests. Mayor Weaver requested that the City Manager prepare a proposed policy and fee schedule for vacation of public rights-of-way, to be presented to the Commission as soon as possible. Discussion - support of League position re use of Cas Tax Revenue City Manager Wysocki presented to the Commission a memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, concerning the use of Gas Tax revenues. He noted the Montana Contractor's Association has requested an Attorney General's opinion that any expenditures over $4,000.00 require the competitive bidding process; and local governments contend that the $4,000.00 I imit does not apply to maintenance and reconstruction completed under force accounts. Mayor Weaver stated the League requests that each city or town allow the League to sub- mit a request on its behalf for an Attorney General's opinion, indicating opposition to re- striction of local authority in the use of gas tax revenues. Following a brief discussion, the Commission indicated support for seeking an Attorney General's opinion. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to telephone the League Office and, if necessary, write a letter of support for seeking an Attorney General's opinion on the use of gas tax I revenues. 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. Discussion - Legislative recommendations for the League City Manager Wysocki presented to the Commission a memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, requesting that suggestions for legislation be submitted to the Legislation'Resolutions Committee for consideration. 07-09-84 . 25:1 Mayor Weaver indicated he will be attending the Legislation/Resolutions Committee meeting to be held on Thursday, July 12, and will submit the Commission's suggestions for consideration. The Commission then compiled the following list of items for consideration. (1) Legislation to aid the cities if the Attorney General's opinion discussed in the item above goes against local governments. (2) Support of state-wide hotel/motel tax. I (3) Support of local option taxes. , (4) Legislation to allow local governments to charge a business license fee for busi- nesses I icensed by the State, to cover the costs of local services provided. (5) Support restoration of Amtrak southern route. (6) Expand legislation for worker right to know to include city and state right to know regarding hazardous materials. (7) Service tax in lieu of property tax for non-profit organizations. (8) Occasional sale provisions under the subdivision exemptions. (9) Service districts for recreation. (10) Payment in lieu of taxes for state institutions. (11) Legislation on SID's providing that density be a third alternative for spreading of assessments, in addition to the square footage or linear footage basis. (12) Legislation increasing the penalties charged on delinquent SID's. (13) Designation of a dump for hazardous wastes in Montana; and possibly enabling legis- lation for people to collect and transport those hazardous wastes to the dump site. Mayor Weaver indicated he would vote against any proposal to establish a lottery in Montana, as a result of previous Commission discussions. Appointments to Library Board Mayor Weaver stated the Library Board of Trustees has reviewed the applications, and has submitted its recommendation for appointments. He then submitted that recommendation to I the Commission for concurrence. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's appointments to the Library Board of Trustees, as follows: Charles Hamp, to replace Joseph V. Basi Ie, to a five-year term to expire June 30, 1989 Patricia W. Tietz, to replace Tom Crumbaugh, with an unexpired term to expire June 30, 1988 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. Appointment of subcommittee to review Pledged Securities as of June 30, 1984 City Manager Wysocki stated the Commission must appoint a subcommittee to review the Pledged Securities as of June 30, 1984. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission appoint Commissioner Anderson and Commissioner Jordan to the subcommittee to review the Pledged Securities as of June 30, 1984. 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. Claims I City Manager Wysocki stated Commissioner Vant Hull had requested this item be removed from the Consent Items. Commissioner Vant Hull questioned payment of the claim submitted by Gallatin Monument Company in the amount of $2,006.00 for repair of 68 head stones at Sunset Hills Cemetery; the claim submitted by Hiawatha Travel in the amount of $1,168.00 for two tickets to Indianapolis, Indiana; and the claim submitted by Lewis and Clark County for the Urban Coalition in the amount of' $2,000.00 for a lobbyist. 07-09-84 252 Commissioner Vant Hull noted the City had Gallatin Monument Company repair damage to 68 head stones caused by vandals and then found the insurance would not cover those costs. She suggested that the City send bills to the owners of the cemetery plots and ask them to submit those bills to their homeowners' insurance companies to see if they would pay the costs. Commissioner Jordan asked if the City is legally responsible for the protection of the head stones in the cemetery. City Attorney Crumbaker-Smith indicated she has not reviewed the issue. I Mayor Weaver requested a staff recommendation on the item prior to making a decision on submitting bills to the private owners. Commissioner Vant Hull then asked about the possibility of increasing cemetery fees to cover more of the costs involved in operation of the cemetery. She also suggested that the staff submit a report on the expenditures and revenues of the cemetery activities for the past fiscal year. Commissioner Vant Hull then noted the second claim she has questioned is for two tickets to Indianapolis for the National League of Cities Congress of Cities to be held in November. She questioned whether two tickets are necessary or if one should be returned for credit. Mayor Weaver noted the two tickets are currently open tickets and were purchased on the assumption that the Commission may wish to send two delegates to the Congress of Cities this year. City Manager Wysocki stated that purchase of these tickets at this time provides a sub- stantial savings. He also noted that if the tickets are not used, they can be cancelled; and the City will get its money back. The City Manager also noted that purchasing the tickets from the Fiscal Year 1984 budget will help to keep the Travel and Schools line item from changing dramati- cally from year to year. It was moved by Commissioner Vant Hull that one of the tickets be returned at this time and that only one ticket be purchased. The motion failed for lack of a second. Commissioner Vant Hull then asked about the $2,000.00 claim for a lobbyist for the Urban Coalition. She questioned whether the Commission had determined that the City would remain a I part of the Urban Coalition this year. Commissioner Mathre noted two people from the City have been appointed to Urban Coalition committees; and the City has been represented at all Urban Coalition meetings. She then stated she thought the City was still a member of the Urban Coalition. It was then moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve payment of the claim submitted by Lewis and Clark County in the amount of $2,000.00 for a lobbyist for the Urban Coalition. 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. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the claims as submitted and authorize and direct the Director of Finance to pay said claims. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Weekly construction reports as submitted by Thomas, Dean and Hoskins, Inc., for the Water System Improvements. (2) A copy of an article in the Billings Gazette concerning outpatient surgicenter costs, I submitted by Commissioner Anderson. (3) A copy of a letter to Commissioner Anderson from Ray White, Associate Professor of Fish and Wildlife Management at Montana State University, concerning the trout habitat within city limits. Mayor Weaver stated he had also received a letter from Mr. White and has responded, suggesting that Mr. White submit a presentation to the Commission. 07-09-84 . I 253 (4) A copy of a letter from Senator Baucus to Mayor Weaver on Senate Bill No. 1578, concerning anti-trust laws affecting municipalities. Mayor Weaver noted this letter indicates that the Senate has passed Senate Bill No. 1578, and is now in the House for action. He noted the Commission may be asked to support the bill in the House as well. (5) A copy of a memo from County Attorney Mike Salvagni concerning the establishment I of a Drug Forfeiture Fund for Gallatin County. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for waiver of open container ordinance - Suzin Kratina (weddin ) - ugust 18, 1984, noon to 5:00 p.m. - Lindley Park; use of P system during same hours Proclamation - "Support Your Local Hospital Week" - July 16-22, 1984 Report - Building Inspection Division for June 1984 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion approve the above items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Discussion - goals implementation Mayor Weaver asked what the next step in this process should be. Commissioner Mathre asked if the staff intends to budget for those items listed under the budgetary goals during the upcoming fiscal year. City Manager Wysocki stated most of the items listed in the goals would be budgeted for under the Capital I mprovement Program, which is considered in October. He indicated some of the items are included in this year's budget, and some will be included in next year's budget. I Commissioner Mathre suggested that the Commission schedule review and evaluation of the goals twice each year, possibly during a regular session held on a fifth Monday. Mayor Weaver suggested that the Commission select five from the budgetary goals and policies and five from the continuing goals and policies upon which to concentrate at this time. He then requested that this item be placed on next week's agenda for discussion. Adjournment - 6:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 07-09-84 .