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HomeMy WebLinkAbout1984-11-26 . 443 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 26, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 26, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commis- sioner Anderson was absent in compliance with Section 7-3-4322, M.C.A. in order to represent the City of Bozeman at the National League of Cities and Towns Congress of Cities being held in Indianapolis, Indiana. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meetings of November 13, 1984 and November 19, 1984, were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Award bid - City of Bozeman Computer, FY 1985 This was the time and place set to award the bid on the computer for the City of Bozeman to be purchased during Fiscal Year 1985. City Manager Wysocki presented to the Commission a memorandum from Controller Ken Vail indicating that the staff has reviewed the bid submitted by IBM for the purchase of a System/38 computer, along with a tabulation sheet indicating the costs which will be incurred for conversion from the System/34 to the proposed System/38 computer. The City Manager stated the staff has found that the cost of a compatible printer was not included in the bid; and the cost of the 4214 printer is $3,160.00. The City Manager then concurred in the staff's I recommendation that the Commission approve the purchase of the IBM System/38 computer at the bid price of $120,680.00, the purchase of the 4214 printer at a quoted cost of $3,160.00, and the buy-out of the present System/34 computer at an approximate cost of $11,500.00, for a total cost of approximately $135,340.00. The City Manager also recommended that the Commission authorize the staff to pursue financing of the computer, indicating the final lease arrangements will be submitted to the Commission for approval. The City Manager stated the staff has recommended that the City sell the System/34 computer after the conversion is completed, possibly to include some of the software which the City utilizes. He noted the staff feels this approach will provide a better net position for the City than trading in the System/34 on the System/38 computer. He also indicated the staff is currently working on financing arrangements with two different financial companies; and final lease/purchase figures should be available for Commission action within the next two weeks. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the purchase of the IBM System/38 computer, as adjusted by the City staff to include the bid price of $120,680.00 and the purchase of a 4214 printer at a quoted price of $3,160.00; approve the buy-out of the present I BM System / 34 computer at an approximate cost of $11,500.00; and authorize and direct the staff to pursue financing of a 60-month lease/ purchase agreement at the best obtainable rate, to be brought back to the Commission for final approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. I This was the time and place set for the decision on the Zone Map Change requested by Bach Enterprises to change the present zoning of RS-l to R-l on Tract 1-B of Certificate of Survey No. 115-A, located in the southwest one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian. This parcel is more commonly located along the south side of ~ridger Drive, beginning approximately 1500 feet east of Story Mill Road. 11-26-84 44lt City Manager Wysocki stated the staff has not had an adequate opportunity to review all of the testimony received during the public hearing, and requested that action on this item be tabled for a period of one week to allow the staff sufficient time to prepare a recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission table the decision on the application for the Zone Map Change made by Bach Enter- prises to change the present zoning of RS-l to R-l on Tract 1-B of Certificate of Survey No. 115-A in the southwest one-quarter of Section 32, Township 1 South, Range 6 East, Montana I Principal Meridian, for a period of one week to allow the staff adequate time to review the public testimony received and prepare a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Jordan. Decision - Master Plan Amendment - establish application fees for amendments to the Bozeman Area Master Plan This was the time and place set for the decision on the Master Plan Amendment proposed by the City-County Planning Staff to establish application fees for amendments to the Bozeman Area Master Plan. City Manager Wysocki concurred in the City-County Planning Board's recommendation that the Commission approve the fees as proposed. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Master Plan Amendment to establish application fees for amendments to the Bozeman Area Master Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Commission Resolution No. 2535 - in memoriam of Arnold M. Swanson City Manager Wysocki presented Commission Resolution No. 2535, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2535 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN MEMORIAM TO ARNOLD M. SWANSON AND TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF ARNOLD M. SWANSON. City Manager Wysocki recommended that the Commission adopt the Resolution and that it be forwarded to Mr. Swanson IS fami Iy . Mayor Weaver indicated he has drafted a letter to former Commissioner Keith Swanson and indicated he will forward a copy of the Resolution if the Commission concurs. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2535 in memoriam of Arnold M. Swanson; and authorize and direct the Mayor to forward a copy to former Commissioner Keith Swanson. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Ordinance No. 1170 - revising the Sign Ordinance (re banners) City Manager Wysocki presented Ordinance No. 1170, as prepared by the City Attorney, entitled: ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.32.020 OF THE BOZEMAN MUNICIPAL CODE AS AMENDED BY ORDINANCE NO. 1161, PROVISIONALLY PASSED MAY I 14, 1984, FINALLY PASSED AND ADOPTED MAY 29, 1984, REVISING THE ADDITIONS AND DELETIONS OF THE UNIFORM SIGN CODE IN THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki stated this Ordinance revises the manner in which action on banner requests is taken and the deposit fee, as well as limiting the use of City vehicles for the hanging and removal of banners. The City Manager stated the staff prepared this Ordinance at the Commissionls request, and recommended that the Commission provisionally adopt the Ordi- nance and that it be brought back in two weeks for final adoption. 11-26-84 445 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1170, revising the Sign Ordinance regarding banners, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I authorization of fees for PSC water rate hearing and sewer rate hearin increases - erin and ssociates City Manager Wysocki presented to the Commission a memo from Director of Public Service Holmes concerning the proposed costs, as submitted by CH2M-Hill, for providing testimony before the Public Service Commission for the water rate increase and before the City Commission for the sewer rate increase. He noted the costs are based on a per-hour rate plus per diem costs. The City Manager then recommended that the Commission authorize the expenditure of approximately $6,000.00 to CH2M-Hi11lKerin and Associates, for the water and sewer rate increase hearings, indicating that if the costs begin to exceed that amount, he will bring this item back to the Commission for consideration. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize the expenditure of approximately $6,000.00 to CH2M-Hilll Kerin and Associates for providing testimony before the Public Service Commission for the water rate increase and before the City Commission for the sewer rate increase. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - tasks submitted by Commissioner Vant Hull to be included in City Manager's work items - City Manager Wysocki stated the Commission had requested this item be brought back for discussion. I Mayor Weaver noted the Commission had previously separated the suggested work tasks submitted by Commissioner Vant Hull from those submitted by City Manager Wysocki. He then suggested that the Commission discuss those items included on Commissioner Vant Hull's list to determine which items should be added to the City Manager's primary tasks for the next six to twelve months. Commissioner Vant Hull stated she does not feel the City Manager should be responsible for all of the work tasks she has listed, but some of them should be assumed by the Commission. She then indicated she feels the most important items on the list are: 1. Nonprofit property paying for services used. 3. Incentives to build in town, along with the question of hook-up fees. 6. Snow clearance from sidewalks, in time to do some good this winter. 8. Insurance coverage for vandalism at the Cemetery. The Commission first discussed Item No.3, concerning incentives for building within the City limits. Commissioner Jordan stated the City is currently providing many incentives for building within the City; and he is uncertain whether there are any additional incentives which the City should consider. Mayor Weaver noted former Planning Director Moss had suggested the transfer of develop- ment rights, which would encourage development only within specific areas outside the City limits. He noted that method would provide a disincentive for building outside the City limits rather than a direct incentive for building within the City. I Commissioner Jordan stated the courts have ruled against the TDR concept in the county in Maryland which had originated this program. He indicated that the Planning Staff is currently reviewing the legality of this type of program for development. Mayor Weaver noted it seemed that the meetings with the developers ended with the conclusion that the idea of providing incentives seems good, but no specific incentives seemed viable. Commissioner Vant Hull stated one of the items discussed was the possible development of 11-26-84 448 roadways in phases corresponding to the development of construction phases and the increased traffic load created. Commissioner Jordan stated that Don McLaughlin, City-County Planning Board member, had been instructed to condense the ideas discussed at the meeting with developers. He indi- cated Mr. McLaughlin may still have the ideas which were discussed, and suggested that the Commission may wish to review those items. Mayor Weaver indicated he will contact Mr. McLaughlin to see if he still has the list of I items discussed. He noted that would provide a basis for staff review, with a report to be submitted to the Commission. City Manager Wysocki indicated the staff is awaiting completion of developments by two different developers in which roadways were required to be developed to a 20-year standard. He stated the engineering staff wishes to review the design standards submitted by private engineers to meet the 20-year requirement. The City Manager then indicated the staff wi II review the proposed incentives for development within the City limits, focusing on roadway design standards, with a report to be submitted to the Commission by February 1, 1985. The Commission then discussed Item No.8, concerning the possibility of insurance coverage for vandalism at the Cemetery. Commissioner Jordan stated he had asked whether the private insurance policies would cover the vandalism to the headstones in the Cemetery. He asked if a legal determination had been made on this item. City Attorney Crumbaker-Smith stated she would review the legal aspects of this question to determine whether there is any insurance coverage on vandalism to headstones and whether any City liability is incurred. The Commission discussed Item No.6, concerning removal of snow from the sidewalks. City Manager Wysocki stated the staff is in the process of preparing a revised ordinance to address this item, which should be presented to the Commission for consideration within the next two weeks. Commissioner Vant Hull noted that in Butte two years ago, the Job Service had a funding program through which young people could obtain jobs cleaning sidewalks at a reduced cost to I the property owners. She indicated the same program was available in Bozeman at the same time, but the possibility was discouraged. She questioned whether the same program is still available and should be considered at this time. The City Manager indicated the staff wi II research the matter. The Commission completed the discussion by reviewing Item No.1, which would require that nonprofit property pay for those City services used. Commissioner Vant Hull stated she has submitted a memo to City Manager Wysocki and City Attorney Crumbaker-Smith listing some references in the State Statute and State Constitution which should be reviewed to determine the legality of requiring all nonprofit properties to pay for City services used, such as police, fire and street maintenance, since they are exempt from property taxes. Mayor Weaver suggested that the Commission has three possible alternative actions: (1) ask the staff to pursue the legal interpretation of existing enabling statutes; (2) seek legis- lation, either through the State Legislature or through the Local Government Study Commission; or (3) decide not to consider the item. Commissioner Jordan suggested a fourth alternative would be to draft a letter to the various nonprofit organizations indicating the City's financial difficulties and suggesting they may wish to consider voluntary payments. City Manager Wysocki stated he and the City Attorney have indicated they will review the State Statute to determine the legality of this item. Mayor Weaver expressed concerns about the legality of this suggestion. He noted the laws concerning tax exempt property and exceptions, and the payment-in-lieu of taxes by such I properties must be carefully reviewed. Commissioner Vant Hull stated Rep. Norm Wallin had presented a bill during the last legislative session which would provide a mechanism for nonprofit properties to pay for services used, but it was defeated. She stated he has indicated a willingness to introduce the bill again during this legislative session if he receives substantial support. Commissioner Mathre stated she would like to see the bill proposed by Rep. Wallin. 11-26-84 447 City Manager Wysocki stated he will submit a preliminary report on the legality of this item to the Commission by February 1, 1985. Mayor Weaver then stated he has previously requested that a tickler file be developed for the City Commission and City Manager to review, containing those items which the Commission has deferred to a future date. He noted such a file could possibly provide the Commission with a method of determining whether an item should be considered, rather than dropping the matter I through lack of action. City Manager Wysocki reminded the Commissioners that staff time is severely limited. He noted when the staff is directed by the Commission to research the various items, it decreases the amount of staff time to complete work on substantive items that need attention. The City Manager noted that when he presented his list of primary tasks to the Commission, various Commissioners noted that was a heavy workload; and that workload has now been increased. He suggested that the Commission determine its priorities before directing the staff to research an issue and submit a report. Mayor Weaver thanked the City Manager for his reminder. The Mayor then indicated he feels a tickler file may help alleviate some of the workload placed on the City Manager by causing the Commission to determine whether a specific items is important enough at the present time to require a report or if action should be taken immediately to dismiss the item. He once again stated that he feels a specific action to dismiss an item is better than elimination of the item through failure to act upon it. Application for Gaming License - American Legion Club - annual bingo license - through June 30, 1985 City Manager Wysocki presented to the Commission an application for Gaming License, along with the required fee, for an annual bingo license for the period ending June 30, 1985, as submitted by the American Legion Club. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission approve the application for Gaming License submitted by the American Legion Club for an annual bingo license through June 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Appointments - Senior Citizen Advisory Council City Manager Wysocki presented to the Commission a letter from John Bower, Chairman of the Senior Citizen Advisory Council, submitting a list of names to be considered for appoint- ment to the Council. Mayor Weaver stated he has reviewed the list submitted by Mr. Bower and recommended that those persons be appointed to two-year terms on the Council. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission concur in the Mayor's appointments to the Senior Citizen Advisory Council, with two-year terms to expire on December 31, 1986, as follows: AARP Carl Wall, Member Lillian Godward, Alternate BOZEMAN SENIOR SOCIAL CENTER John Bower, Member Berl Hamilton, Alternate Arnold Plowman, Member Bill Larsen, Alternate GALLATIN COUNTY COUNCIL ON AGING Marie Gambill, Member Gertrude Christie, Alternate I NARFE Thomas Bown, Member Robert Summers, Alternate RTA Everett Keyes, Member Robert Yaw, Alternate RSVP Glen Welsh, Member Ann Johnson, Alternate THRIFT STATIONS Kenneth Harmon, Member Fred Boettcher, Alternate 11-26-84 448 AT-LARGE Un Hoag, Member Willard Harper, Alternate The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - FY I items I City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from the Department of Natural Resources and Conservation in Helena, indicating that the Water Development Program Advisory Council has recommended that the City receive a low-interest $726,079.00 loan for the Lyman Creek Water System Improvement Project. The City Manager noted this recommendation must be acted upon by the Legislature; and the final results will not be known until sometime during the legislative session. He then reminded the Commission that the City's application was for a grant in the amount of the recommended loan. The City Manager then indicated he will discuss this matter with Director of Public Service Holmes and Engineering Officer Mann to determine whether repayment of this loan can be accommodated in the proposed water rate increase being submitted to the PSC. (2) Weekly construction reports submitted by Thomas, Dean and Hoskins, Inc., for the Water System Improvement Projects. The City Manager indicated the staff will meet with Johnston Excavating later this week concerning finalization of his contract. 56.00 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the I Commission approve the items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Adjournment - 4:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner 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 and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 11-26-84