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HomeMy WebLinkAbout1983-07-25 208 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 25, 1983 *************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 25, 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 Barrrick, 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 meeting of July 18, 1983 were approved as corrected. Action on the minutes of the regular meeting of June 20, 1983 and the special meeting of July 13, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be removed for discussion. Award bond sale - SID No. 615 - sanitary sewer - Burrup Annexation - $400,000.00 This was the time and place set for the award of the bond sale for Special Improvement District No. 615 in the amount of $400,000.00, to provide for construction of sanitary sewer improvements in the Burrup Annexation. The City Manager stated the staff had reviewed the only bid received for this SID and recommended that the Commission award the bid for the bond sale to Grande and Company, Seattle, Washington, at the net effective interest rate of 11.3432 percent, contingent upon a Letter of Credit being provided by the property owners within the SID which guarantees to the City payment of the first two years' assessments. Commissioner Weaver asked about the 3.5 percent supplemental interest rate'listed in the bid proposal. I Director of Finance Swan stated that Grande and Company has bid supplemental "B" coupons in the past, as have other financial institutions. She noted that several of the active bond issues have "B" coupons attached. She stated this is the way financial institutions recover their costs in the bond purchase. The Director of Finance also noted that the "B" coupons do affect the net effective interest rate, since no single interest rate listed in the bid is as high as the net effective interest rate. Mr. Toby Alback, Attorney, stated that he represents a taxpayer in Bozeman and would like an opportunity to speak. He noted his client does not own property within SID No. 615. Following a brief conversation with City Attorney Crumbaker-Smith, Mayor Stiff stated that since the process of forming SID No. 615 has been completed and the client is not involved in the district, there is no need to hear the comments. Mr. Alback then stated that his client, Mr. William Sebena, has property that could be within the district. Mr. Phil Green, Morrison-Maierle, stated that Mr. Sebena's property can be served by the district, but his property cannot be part of the district because the boundaries of the district have already been defined. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission award the bid for the sale of bonds for Special Improvement District No. 615 to Grande and Company, Seattle, Washington, in the net effective interest rate of 11.3432 percent, contingent upon the City receiving Letters of Credit from the property owners within the District, guaranteeing payment of two years' assessments. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Award bond sale - SID No. 632 - water, sanitary sewer, storm drains and paving - Shawnee Industrial Park - $80,500.00 This was the time and place set for the award of the bond sale for Special Improvement District No. 632 in the amount of $80,500.00, to provide for construction of water system, 2U9 sanitary sewer, storm drains and paving in the Shawnee I ndustrial Park, located in the Burrup Annexation. The City Manager stated the staff had reviewed the single bid submitted for this SI D and recommended the bid for the sale of bonds be awarded to Dr. M. L. Hultgren, Bozeman, Montana, at 10.25 percent interest. City Manager Evans stated that successful sale of the I bonds for SID No. 615 must be completed before the sale of bonds for SID No. 632 can be finalized. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission award the bid for the sale of bonds for Special Improvement District No. 632 to Dr. M. L. Hultgren, Bozeman, Montana, at 10.25 percent, subject to the successful sale of bonds for Special Improvement District No. 615. 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 for permission to address Commission re waiver of raffle license fee for non-profit and youth or anizations - Gallatin Count 4-H Leaders Council; application for raffle license - ugust 11, 1983 City Manager Evans stated that the Gallatin County 4-H Leaders Council has requested permission to address the Commission concerning waiver of the raffle license fee for non-profit and youth organizations. Mr. Herb Kelsey, representative of the Gallatin County 4-H Leaders Council, stated that they undertook the raffling of a broomstick lace afghan valued at $75.00 to raise monies for various 4-H program activities. He stated that the Council sent letters to Gallatin County and the various cities within Gallatin County requesting that the fee be waived for the raffle license. He stated they had received affirmative responses from all but the City of Bozeman, which indicated that a $25.00 fee is charged, and seldom waived. Mr. Kelsey then requested that the Commission consider a policy change to waive the raffle fee for non-profit organizations I and youth groups. Mayor Stiff asked if the Commission has ever waived the raffle license fee. City Manager Evans stated that the Commission has not, and he would recommend that no exceptions be made. He noted that to approve exceptions would create judgmental decisions. Commissioner Weaver noted the raffle license fee covers the administrative costs of issuing the license and regulatory functions performed during the sale of raffle tickets. Mr. Kelsey stated the Counci I knows of several organizations that have conducted raffles without obtaining a City raffle license. He stated he also feels non-profit organizations and youth organizations could be defined so that the decision is not judgmental. Mayor Stiff stated that a large percentage of the raffle licenses issued are to non-profit organizations and youth groups. He also noted that in other areas, the City does not waive fees; and it would be difficult to begin making exceptions in this area. Mr. Kelsey then suggested that the Commission consider each request on a case by case ba s is. Commissioner Weaver noted the important fact is that the City is providing regulatory services and must be able to recover at least a portion of those costs. The Commissioner noted that regulation of raffles is a proper and necessary function for government to play and involves costs that should be borne by those who receive the benefit rather than by the taxpayers. City Manager Evans stated that all raffle licenses have been issued to non-profit organi- zations. He stated those raffle licenses requested by businesses as a promotional activity have been denied by the Commission. The City Manager also noted that the State Statute provides I for regulation of raffles; and the administrative costs exceed the $25.00 fee charged. The Commission concurred in the City Manager's recommendation to continue the policy to not waive the raffle I icense fee for any organization. City Manager Evans then presented to the Commission an application for Raffle License, along with the required fee, for the raffle requested by the Gallatin County 4-H Leaders Coun- cil. To be raffled is a broomstick lace afghan valued at $75.00. The City Manager noted that Section 23-5-415, M. C. A., requires that raffles be conducted for 30 to 90 days prior to the drawing. He noted that the drawing is to be held on August 11, 1983. 07-25-83 210 City Attorney Crumbaker-Smith stated that if the Council had begun selling tickets in the County and other cities prior to July 11, 1983, the Commission could approve this appl ica- tion with no legal problems. City Manager Evans then recommended that the Commission approve the application for raffle license, with no waiver of the license fee. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission approve the application for Raffle License submitted by the Gallatin County 4-H Leaders Counci I and that the fee not be waived. Mr. Kelsey requested that the appl ication for Raffle License be withdrawn. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission table action on this application for Raffle License. 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 address Commission re trash build-up alonq Bridger Drive - Bridger VIew Tenants' Association City Manager Evans presented to the Commission a request on behalf of the Bridger View Tenants' Association to address the Commission regarding the trash bUild-up along Bridger Drive. Mr. Jerry Meader, President of the Bridger View Tenants' Association, stated that he represents 92 homeowners along Bridger Drive. He stated the homeowners have requested that the Commission adopt an ordinance requiring all vehicles hauling refuse to the Landfill to either have all trash within the confines of the vehicle or be covered with a tarpaulin. He noted this would accomplish three things: (1) increase driving safety; (2) improve health conditions and (3) improve general welfare. He stated the Homeowners' Association feels if the Landfill opera- tor informs users they may not use the Landfill unless they comply with the Ordinance, there wi II be no need for a penalty. Mr. Meader then presented to the Commission a petition contain- ing 49 signatures reiterating the statements which he had made. He also presented to the I Commission a copy of the Ordinance adopted by the City of Devils Lake, North Dakota, as an example. City Manager Evans recommended that the Commission direct the City Manager and staff to pursue the matter. Mayor Stiff suggested that the garbage problem within the entire city be reviewed. He once again noted that garbage has begun to build up in alleys and on private property in various places around the community. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion direct the City Manager and staff to pursue the proposal to require that all vehicles haul- ing refuse to the Landfill be covered with a tarpaulin or that all refuse be contained within the vehicle, and present a report to the Commission at the regular meeting to be held August 22, 1983. 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 voting No, none. Request - permission to conduct Sweet Pea Run - Saturday, August 6, 1983, 8: 00 a. m. - Big Sky Wind Drinkers and Universal Sports 'n Courts City Manager Evans presented to the Commission a request submitted by the Big Sky Wind Drinkers and Universal Sports In Courts for permission to conduct the Sweet Pea Run on Saturday, August 6, 1983 beginning at 8: 00 a. m. The City Manager noted that this run has been conducted in the past; and concurred in the Chief of Pol ice1s recommendation that the request be approved. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request submitted by the Big Sky Wind Drinkers and Universal Sports In Courts for permission to conduct the Sweet Pea Run on August 6, 1983, beginning at 8:00 a.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. 07-25-83 211 Request for Preliminary Plat extension - Valley Unit II Mobile Home Subdivision City Manager Evans presented to the Commission a request submitted by Joseph W. Sabol, Attorney, for an extension of the Preliminary Plat for Valley Unit II Mobile Home Subdivision. The City Manager noted the Planning Staff had reviewed the request and had attached a memo indicating that only one extension may be granted. He then stated that in August 1982, the I Commission had approved a one-year extension of this Preliminary Plat. Commissioner Weaver asked what effect denial of this request would have on the Prelimi- nary Plat for Valley Unit II Mobile Home Subdivision. He also asked why the law stipulates that only one extension may be granted. City Manager Evans stated that the applicant would be required to complete the adminis- trative process for this subdivision again prior to development. City Attorney Crumbaker-Smith stated the law limits the number of extensions on the Preliminary Plat so that they do not become a bookkeeping problem or a problem in further development of the area. Assistant Planner Mike Money stated that on a similar request last year, the City Attor- ney interpreted the State Statute to allow for one extension of a Preliminary Plat. He stated that extension may be a multi-year extension if the Commission approves. He noted that if an applicant obtains a multi-year extension, he must sign an Improvements Agreement and provide a method of security guaranteeing the improvements. The Assistant Planner stated the purpose of the law is to provide that plats conform with current regulations. He also stated property located within a subdivision that has received Preliminary Plat approval may not be sold as individual lots, but may be sold through an escrow account. He stated if extensions are granted for the Preliminary Plat, the money remains in the escrow account and the purchaser is unable to acquire a desired lot. He noted that if the applicant exceeds the Preliminary Plat deadline, the monies in the escrow account revert back to the potential buyer. City Attorney Crumbaker-Smith then stated that the Commission does not have the authority I to extend the Preliminary Plat since it has been extended once. City Manager Evans recommended that the Commission acknowledge receipt of the request and deny it as the State Statute does not provide for more than one extension. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission deny the request for a one-year extension of the Preliminary Plat for the Valley Unit I I Mobile Home Subdivision as the State Statute provides that only one extension may be granted. 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 - permission to conduct sidewalk sales on August 18-20, 1983 and September 15-17, 1983 - Bozeman Army Navy Store City Manager Evans presented to the Commission a request submitted by Bill Sheehan, Bozeman Army Navy Store, for permission to conduct sidewalk sales on August 18, 19 and 20, 1983 for a Back to School sale and on September 15, 16 and 17, 1983, for an MSU sale. The City Manager noted that these dates are different from those submitted in the original letter dated June 20, 1983. City Manager Evans then recommended that the Commission approve the two sets of dates submitted in the memo dated July 19, 1983. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Bozeman Army Navy Store for permission to conduct sidewalk sales on August 18, 19 and 20, 1983 and September 15, 16 and 17, 1983, I provided that an unobstructed pedestrian walkway is maintained. 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. Discussion - draft letter to Chamber of Commerce re convention centers City Manager Evans stated that Commissioner Anderson and Commissioner Weaver had completed a draft letter to the Chamber of Commerce regarding convention centers. He suggested that the Commission review the proposed draft. 07-25-83 212 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the letter as submitted and direct each Commissioner to sign the letter so that it may be forwarded to the Chamber of Commerce. 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 voting No, none. Break - 5:00 to 5:10 p.m. I Mayor Stiff 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, 1983. Ordinance No. 1136 - license fees for boilerroom operations City Manager Evans presented Ordinance No. 1136, as prepared by the City Attorney, entitled: ORDINANCE NO. 1136 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 5.06.020 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR LICENSE FEES FOR BOILERROOM OPERATIONS. City Manager Evans stated that the Commission had voted to decrease the license fee for boi lerroom operations at its meeting of July 18, 1983. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1136 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Ordinance No. 1136, amending the business license fees for boilerroom opera- tions, 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Ordinance No. 1137 - setting salaries of Commissioners I City Manager Evans presented Ordinance No. 1137, as prepared by the City Attorney, entitled: ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans stated that the Commission had established the salaries covered by this Ordinance at their regular meeting of July 18, 1983. He then recommended that the Commission provisionally adopt Ordinance No. 1137 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1137, fixing specified salaries for Fiscal Year 1983-84, 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 Weaver, Commissioner Vant Hull, and Mayor Stiff; those voting No being Commissioner Anderson and Commissioner Mathre. Commission Resolution No. 2467 - intent to exceed certified mill levy for FY 1983-84 City Manager Evans presented Commission Resolution No. 2467, as prepared by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2467 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS INTENTION TO EXCEED THE CERTIFIED MILL LEVY FOR FISCAL YEAR 1983-84. City Manager Evans stated that this is a statutory requirement. He noted that if the City intends to exceed the certified mill levy for a specified fiscal year, it must notify the 07-25-83 213 public through the newspaper and accept publ ic comments. The City Manager then recommended that the Commission adopt Commission Resolution No. 2467 and set August 1, 1983 as the date to receive any and all public comments. City Manager Evans then stated that the certified mill levy is derived through a formula, based on last fiscal year's mill levy. He noted that this year's certified mill levy is based on I the 89.90 net mill levy for last fiscal year. The City Manager stated that with the decrease in the value of a mill, the City must exceed the certified mill levy to fund the Tentative Appro- priation Ordinance. It was moved by Commissioner Vant Hull, seconded by Commissioner Ander.son, that the Commission adopt Commission Resolution No. 2467, stating the City's intention to exceed the certified mill levy for Fiscal Year 1983-84, and set August 1, 1983 as the date to receive public comments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, COmm1'Ssioner Weaver and Mayor Stiff; those voting No, none. Commission Resolution No. 2468 - purchase of road oil for FY 1983-84 City Manager Evans presented Commission Resolution No. 2468, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2468 Purchase of Road Oil City Manager Evans stated that this type of Commission Resolution is adopted annually so that the Street Division may purchase needed road oil and sundry construction materials from the State Highway Department. The City Manager stated that this procedure leads to cost savings for the City and recommended that the Commission adopt Commission Resolution No. 2468. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion adopt Commission Resolution No. 2468, authorizing the Street Division to purchase road oil I and sundry construction materials from the State Highway Department during Fiscal Year 1983-84. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weave'r, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - letter of resignation from City Engineer Van1t Hul City Manager Evans stated that he had received a letter of resignation from the City Engineer this morning. He stated he had written a letter to City Engineer Van't Hul, accepting his resignation effective September 1, 1983. Commissioner Anderson stated she had requested that this item be added to the agenda. She asked what contingency plans have been established for filling this position. She asked if the possibility of settling the position with present staff has been considered. City Manager Evans stated that the position of City Engineer is not required by the State Statute; and the Ordinance states that there may be an Engineer in the Department of Public Service. The City Manager stated he had not had an opportunity to talk to anyone about this resignation or possible ways to fill the vacancy. City Manager Evans stated that the best method in keeping with the goals and operations of the City will be used to fill this vacancy. Discussion - letter re towing Commissioner Vant Hull stated she had requested that this item be added to the agenda I for discussion to determine what action has been taken. City Manager Evans stated that he had asked Assistant City Manager Barrick to review the complaint submitted in a letter signed by several of the wrecker services located in Boze- man. Assistant City Manager/Director of Public Safety Barrick stated that he talked to Chief of Police Tate concerning rotation of wrecker services called when a specific wrecker service is not requested. The Chief of Police indicated that rotation of wrecker services has been used 07-25-83 21 it for quite some time in the Police Division. He did find a minor internal problem which was corrected prior to receipt of the letter of complaint. Assistant City Manager Barrick then stated he will contact the wrecker services signing the letter to let them know that the rotation method is being used. Discussion - letter from Beverly Knapp re funding for Library I Commissioner Vant Hull stated she had requested that this item be added to the agenda for discussion because she feels the City Commission should write a letter to the County Commission requesting additional funding for the Library. Mrs. Beverly Knapp, Chairperson of the Library Board of Trustees, noted that the City has postponed providing additional funding for the Library until the County has set its mill levy for the Library. Mrs. Knapp stated that the County Commission is working on the County budget. She suggested if the City Commission deems it appropriate, a letter be written to the County Commission indicating that 39 percent of the Library usage is by County residents and that funding of a similar percentage should be considered. She also noted that the County can levy up to five mills for the libraries in Gallatin County. Commissioner Vant Hull stated support of Mrs. Knapp's suggestion to write a letter to the County Commission. She also suggested that two City Commissioners could approach the County Commission with the request for additional funding. The Commission stated support of writing a letter to the County Commission, to be signed by all City Commissioners. The Commission then concurred that the letter should request $13,105.00 additional funding for this Fiscal Year to cover the shortfall between the Tentative Appropriation Ordinance and the Library Board of Trustees' request for funding, and consider funding of 39 percent of the total operations budget beginning in Fiscal Year 1984-85. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize Commissioner Vant Hull and Mrs. Beverly Knapp to prepare a letter to the County Commissioners, to be signed by all City Commissioners, requesting additional funding I assistance for the Library to cover the $13,105.00 deficit in this year's budget and guiding their attention to the fact that 39 percent of the Library usage comes from County residents. 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. Consent Items A re It was moved by Commissioner Mathre, seconded by C9mmissioner Anderson, that the Commis- sion 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 Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Executive Session - Litigation Mayor Stiff called an Executive session of the Commission at 5: 25 p. m. for the purpose of discussing anticipated litigation, and requested that all persons except the Commissioners, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and the Clerk of the Commission leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 6: 05 p. m. and reconvened the meeti ng . 07-25-83 21~ Adjournment - 6:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; I those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 07-25-83