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HomeMy WebLinkAbout1984-09-17 345 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 17, 1984 ************************ I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 17,1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Acting City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of September 10, 1984 were approved as submitted. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Anderson requested that Change Order No. 2 for the 1984 Paving Improvements, Schedule I, be removed for discussion. Preliminary draft proposals for City Manager evaluation Mayor Weaver noted that typical outlines for the City Manager's evaluation had been sub- mitted by Commissioners Mathre and Anderson. Commissioner Mathre stated she had used the Commission's advertisement for a City Manager and the City's goals as guidelines in setting points for the City Manager evaluation. She stated that according to the City Manager's contract, the Commission is obligated to review his per- formance every six months. Commissioner Anderson stated she prefers the Vancouver's evaluation document, although as far as timi ng is concerned, she feels the approach used by Mountain View, California, is excellent. Commissioner Vant Hull commented she feels the two approaches should be combined for I use by the Commission in the evaluation. Mayor Weaver stated that he feels the two approaches submitted cover the evaluation matter very well, and had nothing to add. Commissioner Jordan stated he feels Commissioner Mathre's concept would be satisfactory. Commissioner Mathre stated she feels some kind of format should be established by next week's meeting. Mayor Weaver stated the task of merging the two forms into one instrument should be assigned to one of the Commissioners. He then requested Commissioners Mathre and Anderson to come up with an integrated format by next week's meeting. Application for Beer and Wine License - Express Mart - through December 31, 1984 Acting City Manager Barrick presented to the Commission an application, along with the required fee, for a Beer and Wine License for the Express Mart for the period ending December 31, 1984. He recommended that the application be temporarily approved, pending receipt of the permanent State license. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission temporarily approve the application for a Beer and Wine License for Express Mart for the period ending December 31, 1984, pending receipt of the permanent State license. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I Ordinance No. 1168 - Appropriation Ordinance for Fiscal Year 1985 Acting City Manager Barrick presented Ordinance No. 1168, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1168 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1985. 09-17-84 ----'------- 348 Acting City Manager Barrick noted the Commission had provisionally adopted the Tentative Appropriation Ordinance for Fiscal Year 1985 at their meeting of August 20, 1984, and that the public hearing on this ordinance had been conducted on September 4, 1984. He recommended that the Commission finally adopt Ordinance No. 1168, the Appropriation Ordinance for Fiscal Year 1984-85. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1168, appropriating funds for Fiscal Year 1984-85. The I motion carried by the following Aye and No vote: those voting Yes being Commissioner Vant Hull, Commissioner Anderson. Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commission Resolution No. 2526 - Mill Levy Resolution for Fiscal Year 1985 Acting City Manager Barrick presented Commission Resolution No. 2526, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2526 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1984-1985. Acting City Manager Barrick noted that the Commission must adopt a resolution establish- ing the property tax mill levy for Fiscal Year 1984-85, and the Clerk of the Commission must certify the mill levy to the County Clerk and Recorder's office. He then recommended that the Commission adopt Resolution 2526, establishing the mi II levy as follows: Mills - All Purpose General Fund 72.88 Firefighters' Retirement 4.08 Police Retirement 3.16 Public Employees Retirement 2.72 Comprehensive Insurance 2.77 I Health/Medical Insurance 9.02 City-County Planning 2.00 SID Revolving Fund 2.00 Local Government Study Commission 1.00 Recreational Facilities G.O. Bonds 2.57 Senior Center G. O. Bonds 2.03 Library G. O. Bonds 7.13 Total 111 .36 It was moved by Commissioner Anderson. seconded by Commissioner Jordan, that the Commis- sion finally adopt Commission Resolution No. 2526, setting the mill levy for Fiscal Year 1985. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre. Commissioner Vant Hull and Mayor Weaver; those voting No, none. Commission Resolution No. 2527 - reassessin S. I. D. No. 615 - sa n i ta r sewer, urrup nnexation - 300,000.00 Acting City Manager Barrick presented Commission Resolution No. 2527, entitled: COMMISSION RESOLUTION NO. 2527 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA,. TO I DEFRAY THE PRELIMINARY COST, BASED UPON THE AMOUNT OF THE BOND ISSUE, OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. Acting City Manager Barrick recommended that the Commission provisionally adopt Commis- sion Resolution No. 2527 and set October 1, 1984, as the public hearing date. Commissioner Mathre questioned the reason for the reassessment of this District. City Attorney Crumbaker-Smith explained that there had been a delay in the sale of the bonds for this District, and the original assessment had been for engineering costs only. She stated the 09-17-84 347 assessment being made at this time is for the construction costs and is in the amount of the bond issue. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt Commission Resolution No. 2527, relevying and reassessing the taxes in Spe- cial Improvement District No. 615, and set October 1, 1984, as the public hearing date. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Jordan, I Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commission Resolution No. 2528 - relevying and reassessin S.I.D. No. 632 - sanitary sewer, Shawnee ndustrial ark - 80,500.00 preliminary Acting City Manager Barrick presented Commission Resolution No. 2528, entitled: COMMISSION RESOLUTION NO. 2528 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE PRELIMINARY COST, BASED UPON THE AMOUNT OF THE BOND ISSUE, OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. Acting City Manager Barrick recommended that the Commission provisionally adopt Commis- sion Resolution No. 2528 and set October 1, 1984, as the public hearing date. Commissioner Mathre inquired as to whether the reason for reassessment of this District was the same as in Special Improvement District No. 615. City Attorney Crumbaker-Smith replied that it is a similar situation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion provisionally adopt Commission Resolution No. 2528, relevying and reassessing the taxes in Special Improvement District No. 632, and set October 1, 1984, as the public hearing date. The I motion carried by the following Aye and No vote: those voting Yes being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. assessing S.I.D. No. 645 - sanitary sewer, Graf's Acting City Manager Barrick presented Commission Resolution No. 2529, entitled: COMMISSION RESOLUTION NO. 2529 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE PRELIMINARY COST, BASED ON THE AMOUNT OF THE BOND ISSUE, OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 645. Acting City Manager Barrick recommended that the Commission provisionally adopt Commission Resolution No. 2529 and set October 1, 1984, as the public hearing date. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Commission Resolution No. 2529, levying and assessing the taxes in Special Improvement District No. 645, and set October 1, 1984, as the public hearing date. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I City Manager report on Recreation Advisory Board recommendations Acting City Manager Barrick presented to the Commission a draft letter written by the City Manager to the School District No. 7 Board, requesting that they abandon the prior three- pa rty ag reement on recreat ion. He recommended that the Commission authorize the Mayor to sign this letter. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Mayor be authorized to sign the letter directed to the School District No. 7 Board, as written by the 09-17-84 . 348 City Manager. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voti ng No, none. Communicating Acting City Manager Barrick noted that Commissioner Anderson had requested that this item be placed on the agenda. I Commissioner Anderson stated she had requested this item be placed on the agenda as she feels there should be better communication channels among members of the five governing bodies, those being the City, the County, the School District, the Chamber of Commerce and the University. She noted that an informal interagency breakfast meeting has been in existence for some time, but feels this idea should be expanded. She stated that perhaps approximately five meetings could be held throughout the period of a year, on the five extra Mondays. She noted, however, that the City Manager had requested that Mondays be kept free for the City Commission meetings. She stated she feels that each agency could host one meeting a year. She noted these meetings should have an agenda with the scheduled topics set at the discretion of the hosting agency. She stated she feels these meetings should be advertised and the public invited to attend. She stated there are a number of topics that have surfaced in recent months which could be possible agenda items. Commissioner Vant Hull stated she feels the present interagency meeting should be built on before expanding into additional meetings. She stated she would like to keep the meetings informal, but would like the present meetings to include more members from more agencies. She pointed out that perhaps the City Attorney could investigate the possibility of all the City Commissioners attending such meetings without violating the open meeting ordinance. Commissioner Mathre stated she feels the meetings proposed by Commissioner Anderson would be far more structured than are the present interagency meetings. She questioned Commis- sioner Anderson whether she had talked to administrators of other agencies about the proposed meetings. Commissioner Anderson replied she had talked to most of the administrators, but not I all. Commissioner Jordan stated he feels the proposed meetings would be a good thing, but should not be held on Mondays. Mayor Weaver requested that Commissioner Anderson pursue this type of interagency meeting further and bring it back to the Commission with a more specific proposal. Discussion - FYI items Acting City Manager Barrick presented to the Commission the following "For Your Informa- tion" items. (1) A memorandum to the City Commission from the City Manager appointing the Assistant City Manager as the Acting City Manager for the week of September 17, 1984, due to the City Manager attending the ICMA Annual Conference in San Antonio, Texas. (2) A memorandum to the City Commission from the City Manager regarding the status of a possible County landfill district. (3) A magazine article submitted by Commissioner Anderson taken from an issue of American City & County, entitled "Citizens Vote to Cart Their Refuse, II written by the Assistant City Manager in Hopewell, Virginia. (4) A magazine article submitted by Commissioner Anderson taken from the August 1980 issue of American City & County, entitled "Zero Discharge: It Wasn't a Costly Pipedream for One Waterworks." (5) A magazine article submitted by Commissioner Anderson taken from the May 1979 I issue of American City & County, entitled "How Much Does Refuse Collection Really Cost Your Taxpayers?". (6) Weekly construction reports submitted by Thomas, Dean and Hoskins, I nc., regarding the construction of the Water System Improvements. (7) Commissioner Jordan reported on his attendance at the joint meeting of the Planning Board, Zoning Commission and T AC Committee. He stated that the outcome of this meeting was the decision to add a third, or turning, lane to West Main Street. He stated he feels the 09-17-84 349 Commissioners should continue to write letters to the State Highway Department about the traffic situation on West Main Street, until such time as the situation is resolved. (8) Commissioner Anderson pointed out the full-page ad, promoting Bozeman as a conven- tion city, appearing in the current issue of "Western Business Magazine.1I She noted this ad was sponsored by the Bozeman Chamber of Commerce in conjunction with the Bozeman Motel Associa- tion. I (9) Commissioner Anderson stated she had read Alec Hansen's memorandum regarding the public meeting to be held in Helena on September 20 regarding the Governor's Infra- structure Task Force. She inquired as to who was scheduled to attend this meeting to represent Bozema n . She was informed that Wilbur Visser, County Commissioner, would be representing Bozeman at this meeting. (10) Commissioner Anderson stated that since she would be unable to attend the video show, sponsored by the City-County Planning Department, scheduled to be shown at the Univer- sity regarding historical buildings and revitalization of same, she had inquired as to the possibility of video taping the show for those who would not be able to attend. She sa id the Planning Staff are checking into that possibility. Absence of Commissioner Jordan - October 1, 1984 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the absence of Commissioner Jordan from the meeting of October 1, 1984, be authorized in compliance with Section 7-3-4322, M. C. A. 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. - 1984 Paving Improvements (Schedule I) Acting City Manager Barrick presented to the Commission, Change Order No. 2 for Schedule I I of the 1984 Paving Improvements. He stated that Commissioner Anderson had requested this item be removed from the Consent Items for discussion. Commissioner Anderson stated she had requested this item be removed for discussion as she desired an explanation. Acting City Manager Barrick stated at the time of letting the bid, there was a light pole on the west side of the Library which had not been lit for some time and did not appear to be necessary. He stated it was the City's intent to move this light pole into the parking lot. When the time arrived to move the pole, the Library objected to its removal. He stated it is therefore necessary to purchase a new pole to install in the parking Jot. Commissioner Mathre questioned whether the funds are available for this light. Acting City Manager Barrick stated the funds are available through the Capital Improvement Program. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the City Manager be authorized to sign Change Order No. 2 of the 1984 Paving Improvements (Schedule I), adding $752.00 to the contract price for the installation of a light pole. 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. Consent Items Consent Items. I Claims It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the items as listed above be approved and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Yes being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 09-17-84 350 Recess - 4:55 p.m. Mayor Weaver declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:05 p.m. Mayor Weaver reconvened the meeting at 7: 05 p. m. for the purpose of conducting the scheduled public hearings. I Public hearin - Conditional Use Vicki Harve - allow use of existin residence as a day care center - 702 This was the time and place set for the public hearing on the Conditional Use Permit requested by Pam Frost and Vicki Harvey to allow the use of the existing residence at 702 South 14th Avenue as a day care center. Acting City Manager Barrick stated that since the Zoning Commission had not made a deci- sion on this item, the Planning Staff had requested that this public hearing be opened and continued until a recommendation is received from the Zoning Commission. Mayor Weaver opened the public hearing. Commissioner Jordan questioned whether this applicant had requested a variance from the Board of Adjustment. Building Official Gene Yde stated that the applicant had requested a variance from the Board of Adjustment for parking and the loading and unloading space. He noted that the variance had been denied by the Board. He stated the Board felt other arrangements could be made. Commissioner Jordan then inquired as to whether the site is already being operated as a day care center. He stated he had driven by the proposed site, and from all outward appearances, it seems to be in operation. Building Official Yde stated he is unaware of whether the day care is in operation. He stated that he did caution the applicant not to use the residence as a day care center until the application has been ruled on by the governing bodies. I Mayor Weaver continued the public hearing until such time as a recommendation is received from the Zoning Commission. Public hearing - Ordinance No. 1167 - adopting the "National Electrical Code, 1984 Edition" and revising fee schedule This was the time and place set for the public hearing on Ordinance No. 1167, adopting the "National Electrical Code, 1984 Edition" and revising the fee schedule, entitled: ORDINANCE NO. 1167 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 15.08.010,15.08.050 AND 15.08.110 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE ADOPTION OF THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE, REVISION OF THE FEE SCHEDULE AND WIRING SPECIFICATIONS FOR CERTAIN BUILDING CLASSI- FICATIONS IN THE CITY OF BOZEMAN, MONTANA. Mayor Weaver opened the public hearing. Gene Yde, Building Official, presented the staff report. He reviewed the changes in the proposed fee schedule. He stated the changes were made in the fee schedule to update and clarify certain items so that the fees charged are equitable for the user, and cost effective for inspections. He noted that the major changes are contained in the commercial section. Acting City Manager Barrick stated that this resolution represents one step in the process. He stated the State of Montana has already adopted the 1984 Edition of the National Electrical Code. He noted it is up to each local governing body to adopt the 1984 Edition of I the National Electrical Code and set the fee schedule. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. General Discussion A discussion between the Commissioners and Building Official Yde was held concerning the avoidance of situations where a use is instituted before the ruling is made by the governing 09-17-84 351 body. It was the general consensus of the Commission that the applicants in those situations should be penalized in some manner. Adjournment - 7:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Yes being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: ~X) )'z(/0?ta-.J C Ing Clerk of the Commission I I 09-17-84 .