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HomeMy WebLinkAbout1983-07-11 17'G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 11,1983 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 11, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meetings of June 13, 1983 and July 5, 1983 were approved as corrected. Action on the minutes of the regular meeting of June 20, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be re- moved for discussion. Award bids - construction of employee residence at the Water Treatment Plant This was the time and place set for the awarding of bids for the construction of an employee residence at the new Water Treatment Plant. City Manager Evans requested that the Commission defer awarding of the bids for one week to allow the staff additional time for analysis of the bids. Mayor Stiff requested that this item be placed on next week's agenda for action. Decision - Conditional Use Permit - McRay Evans for Asamera-Gasamat Oil Corporation - allow a beauty college at 1118 West Lincoln Road This was the time and place set for the decision on the Conditional Use Permit requested I by McRay Evans for Asamera-Gasamat Oi I Corporation to allow a beauty college at 1118 West Lincoln Road. Assistant City Manager Barrick noted that Section 18.62.060 of the Bozeman Municipal Code provides that the Building Official shall determine the number of off-street parking spaces to be required for a business that is not specifically listed. He stated that in this instance, the Building Official determined that the requested beauty college use is most closest to the professional and office use category and determined that sixteen off-street parking spaces must be provided. The Assistant City Manager stated any variation from that determination must be made by the Board of Adjustment. City Manager Evans then recommended that the Commission grant conditional approval of the requested Conditional Use Permit, and that the condition referring to parking spaces be revised to provide sixteen on-site off-street parking spaces, rather than the twenty-five parking spaces recommended by the Zoning Commission. Mayor Stiff asked if the fact that the proposed location is close to the University campus and the possible use of University parking by those students is a consideration in this recommendation. The City Manager stated that it is not. He noted that the Building Official's determin- ation would apply to any site in the city. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by McRay Evans for Asamera-Gasamat I Oil Corporation to allow a beauty college at 1118 West Lincoln Road, subject to the following conditions: 1- That 75 percent of the front yard area be landscaped. 2. That if the site contains underground gasoline storage tanks, they must be removed to eliminate any future dangers. 3. That the location of water and sanitary sewer services be illustrated on the final site plan. If water is to be provided by a well, its use must be approved by the County Sanitarian. 07-11-83 . 177 4. That the storm runoff be directed onto the landscaped areas wherever pos- sible. 5. That lawn irrigation be provided for all landscaped areas. 6. That a snow removal and storage area be provided. 7. That exterior security lighting be provided for the off-street I parking area. 8. That the final site plan contain the floor plans of the structure. 9. That sixteen (16) off-street parking spaces be provided on the site. 10. That all required improvements shall be installed in accordance with an Im- provements Agreement with the City of Bozeman. The structu re may not be occupied until all improvements required by permit shall have been com- pleted and accepted by the City, or until a financial guarantee equal to one and one-half (1 i) times the amount of the cost of the scheduled improve- ments shall be provided to secure completion. 11. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the applicant. 12. All on-site improvements (i.e., paving, landscaping, etc.) shall be complet- ed within eighteen (18) months of the approval of the Conditional Use Permit as shown on the approved final site plan. 13. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently I renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request for permission to use Soroptimist Park - Saturday, July 23, 1983 - Gallatin Council - pancake breakfast fund raiser for the Help Center City Manager Evans presented to the Commission a request submitted by the Gallatin Council for permission to use Soroptimist Park on Saturday, July 23, 1983 for a pancake break- fast to raise funds for the Help Center. The City Manager noted that this requested event would be held in conjunction with the "Crazy Days" sale in the downtown area. City Manager Evans then recommended approval of the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Gallatin Council for permission to use Soroptimist Park on Saturday, July 23, 1983 to conduct a pancake breakfast fund raiser for the Help Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to conduct Crazy Days in the downtown area on July 15 and 16, 1983 - Bill Sheehan, Bozeman Army Navy Store I City Manager Evans stated that he and Assistant City Manager Barrick had attended a meeting of the Bozeman Downtown Business Association on Wednesday. City Manager Evans stated the consensus of the businesses represented is that they have no problem with having a "Crazy Days" sale on July 15 and 16, 1983 as well as on July 23, which is the date their Association had previously requested. The City Manager then recommended that the Commission approve the request. City Attorney Crumbaker-Smith suggested that the Commission approve the use of public sidewalks for the "Crazy Days" sale on July 15 and 16 for all downtown merchants who wish to observe those dates. 07-11-83 178 . It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by Bozeman Army Navy Store for permission to participate in the IlCrazy Daysll sale to be held on July 15 and 16, 1983 and that such permis- sion be granted to any downtown merchant who wishes to observe those dates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those I voting No, none. Ordinance No. 1133 - vacating alley in Tract 1 of the North Seventh Addition City Manager Evans presented Ordinance No. 1133, as prepared by the City Attorney, entitled: ORDINANCE NO. 1133 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE ALLEY IN TRACT 1 OF THE NORTH SEVENTH ADDITION IN THE CITY OF BOZEMAN, MONTANA. The City Manager stated this Ordinance had been provisionally adopted on June 13, 1983 and recommended that the Commission finally adopt Ordinance No. 1133. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Ordinance No. 1133, vacating the alley in Tract 1 of the North Seventh Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver and Commissioner Anderson; those voting No being Commissioner Vant Hull and Mayor Stiff. Appointment of subcommittee to review Depository Securities as of June 30, 1983 City Manager Evans recommended that the Commission appoint a subcommittee to review the Depository Securities as of June 30, 1983, in accordance with the State Statutes. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commission appoint Commissioner Vant Hull and Commissioner Anderson to serve on the sub- I committee to review the Depository Securities as of June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Work session - Advertisement to be placed in ICMA Newsletter and various newspapers for City Manager position City Manager Evans presented to the Commission a draft advertisement, prepared by the City Manager and the Clerk of the Commission, to be placed in the International City Manage- ment Association Newsletter and various newspapers for the City Manager1s position. Commissioner Anderson noted the draft advertisement appears to be patterned after the advertisements in the ICMA Newsletters which she has reviewed. She suggested the letter acknowledging receipt of resumes contain some of the specific qualifications for which the Commission is looking; that the candidates understand that whoever is in the final selection process be willing to release their names; and a public reception be held for those finalists. Commissioner Vant Hull distributed to the Commission a draft advertisement. She also suggested the advertisement be placed in the Nation1s Cities Weekly. The Commissioner stated she feels the amenities of the area should be mentioned and feels the present salary should not be listed. She further suggested that the new City Manager should be intelligent and innova- tive. Commissioner Anderson stated that none of the advertisements in the ICMA Newsletter include amenities of an area. I City Manager Evans stated that the I CMA has a standard format for advertisements and has specific standards. He stated they will accept only the information they desire for an advertisement and delete the remainder of the items. Commissioner Weaver noted that the only blank in the draft advertisement is in the qualifications desired. He suggested that extensive experience in governmental budgeting and personnel management be listed as essential. He further indicated that specific qualifications should be listed so that the Commission has a basis for hiring a specific individual. 07-11-83 119 Commissioner Mathre indicated she would prefer a management degree. Commissioner Anderson stated she feels a specific number of years in progressive management should be listed. Following a discussion, the Commission requested that the draft advertisement, as pre- pared by the City Manager and Clerk of the Commission, be revised to include "full service City; I five years progressive government management experience preferred; academic degree in field relevant to government responsibilities preferred; and extensive experience in financial management/budgeting and personnel management essential; deadline for applications, October 17, 1983." The Commissioners then requested that this item be placed on next week's agenda for further con9'ideration. Work session - Ordinance No. 1135 - Salary Ordinance for Fiscal Year 1983-1984 City Manager Evans presented Ordinance No. 1135, entitled: ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager noted that the Commission sets the salaries of the City Manager, City Attorney, Director of Public Service (Works), Director of Finance, City Judge and Clerk of the Commission. He then recommended that the Commission conduct a work session to establish those salaries. Commissioner Vant Hull distributed to the Commissioners a memo suggesting that the Commission freeze all salaries over $25,000.00 until a job classification schedule has been es- tablished and hire an additional police officer with those additional funds. City Manager Evans stated that the City Manager sets the salaries of all City employees except those set by the Commission under the State Statutes. I Commissioner Mathre stated she does not support freezing salaries. She noted the City has several people in management at a salary under $30,000.00 per year. She indicated she is sympathetic to the hiring of another police officer, but not by the means proposed. Commissioner Weaver noted that a salary does not have the same purchasing power that it did one year ago. He stated he feels the purchasing power should be maintained. Commissioner Anderson stated that certain demands are placed on the City employees; and she does not feel that the pay schedule is too high. She also stated that employees are inclined to stay when given financial incentives. Mayor Stiff stated the salary of the division heads/department heads should be compared to the best paid man in that area, and that a differential must be maintained between those two salaries. Commissioner Vant Hull asked what benefits the City Judge receives. City Attorney Crumbaker-Smith stated she has not researched the matter but will prior to next week's meeting. The Commission deferred further action on this matter until the special meeting on Wednesday, if time allows, or until the regular meeting next Monday. Break - 5:35 to 5:40 p.m. Mayor Stiff declared a five-minute break at 5:35 p.m., to reconvene at 5;40 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Implementation of consultants for annexations City Manager Evans stated that Mayor Stiff had requested this item be placed on the agenda. He then gave the Commissioners copies of an excerpt from the June 20, 1983 minutes, showing the motion and vote on the process for the hiring of consultants. Mayor Stiff stated he had thought an ad hoc committee would select the consultants to address impact fees, tap fees and the short-term water inventory for annexations. He stated, however, the minutes reflect that the City Manager is to proceed with that process. The Mayor 07-11-83 180 then asked if the Commission will receive updates as the study progresses, rather than just a final report submitted in ninety days. Commissioner Weaver stated that he feels the Commission should be isolated from the selection process. He then recommended that the City Manager submit interim reports to the Commission as the study progresses. Commissioner Mathre noted the Commission generally has not been involved in the hiring I of consultants in the past. Commissioner Anderson stated the staff had prepared an excellent report stating concerns about annexation. She stated she feels the staff should complete the selection process and that the Commission be provided reports during the study. Commissioner Vant Hull indicated she feels the Commission should be involved in the selection process as well as the study process. Mayor Stiff suggested that the Commission review a summary of the proposals and select the one they feel best. Com~issioner Weaver suggested that after the consultant has been hired, the selected person submit to the Commission his definition of the problem and his proposed procedure. He stated, however, he feels if the Commission were to become directly involved in the selection process, it would become too cumbersome. He also noted it must be determined for whom the consultant will be working. Commissioner Mathre noted the consultant will be going through a research process more than a discussion process. She stated the consultant will gather information and make a report to the Commission, from which the Commission must develop policy statements. She stated she feels the Commission should wait for reports from the consultant. Mayor Stiff asked if the Commission will receive progressive reports. City Manager Evans stated that the hiring of a consultant is a management problem at this time. If the Commission wishes to become involved in the hiring process, he recommended that the process be re-advertised and re-bid because he has set July 15, 1983 as the date to I notify the consulting firm to be hired. The City Manager then stated he has no problem with submitting reports to the Commission, but cautioned that the cost of the study may increase due to additional reporting requirements. He stated he intends to keep the Commission in- formed during the study process. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the con- sultant be requested to provide to the Commission, within two weeks of the letting of the contract, his definition of the problems to be resolved and the proposed course of action to address those problems and that the consultant be requested to provide the Commission with regular subsequent status reports on the course of the research. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Convention Center proposal Commissione fo Weaver stated he had requested this item be placed on the agenda for clarification of the article which appeared in the Sunday edition of the Bozeman Daily Chronicle. He stated the pres had contacted him on Friday indicating they had talked to the individual who had initially p oposed the construction of a convention center. Commissioner Weaver stated apparently Mr. Jafc y would like to determine whether the City is interested in the possible construction of a c ~nvention center. The Commissioner stated he indicated that the City is interested in new c evelopment and that he would be willing to draft a letter to the developer indicating that the City would encourage development but would not make any commitments at I this time. Commissioner Anderson asked whether Mr. Jafay had called the press. Ms. Karen Datko, reporter for the Bozeman Daily Chronicle, stated she had called Mr. Jafay. Mayor Stiff asked Commissioner Weaver to draft a letter to Mr. Jafay, to be reviewed by the Commission at next week's meeting. 07-11-83 181 Consent Items City Manager Evans presented to the Commission the following items: Authorize Mayor to si n - Bud et Amendment to transfer $12,000.00 from nappropriated Reserve to ity ttorney - ontracted ervices to cover litigation costs Authorize Ma or to si n - Contract Documents for Seal Coat Street mprovements - ong onstructJOn ompany, nc. I Report - Building Inspection Division for June 1983 Claims It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, 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 Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Executive Session Mayor Stiff called an Executive Session of the Commission at 5: 45 p. m. for the purpose of discussing potential litigation and related personnel matters, and requested that all persons except the Commissioners, City Manager Evans, City Attorney Crumbaker-Smith and the Clerk leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 6:25 p.m. and re- convened the meeti ng. Adjournment - 6:25 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 Weaver, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver, Commissioner Mathre, Commissioner Anderson and I Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I 07-11-83