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HomeMy WebLinkAbout1983-10-11 34u MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN I MONT ANA October 11, 1983 ************************ The Commission of the City -of Bozeman met in regular session in the Commission Room, I Municipal Building, October 11,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, 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 Mathre. The minutes of the regular meeting of June 20, 1983, were approved as corrected. Action on the minutes of the regular meeting of October 3, 1983, was deferred for a period of one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. City Manager Evans stated that discussion on the open meeting law was held during the Montana League of Cities and Towns Convention held in Havre this past week. He noted that the open meeting law requires that an agenda be written and a listing of the items published prior to the Commission meeting. He stated the question of the propriety of adding items to the agenda that have not been published has been raised; and placement of addi,tionaI items on the agenda at this point could be in conflict with the open meeting law. Following a discussion, Commissioner Vant Hull added an agenda item to request the City Attorney to provide a legal opinion on the Board of Adjustment ruling on a requested variance at 719 South Church Avenue. Decision - Conditional Use Permit - David A. Osterman for Melvin and Liia Icenoggle - allow I construction of 130 mini-warehouses with office and caretaker's residence on Tracts 40 and 41, Northeast Annexation (1811 North Rouse Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by David A. Osterman for Melvin and Lila Icenoggle to allow construction of 130 mini-warehouses with an office and caretaker's residence on Tracts 40 and 41 of the Northeast Annexation. This site is more commonly located at 1811 North Rouse Avenue. City Manager Evans stated the Planning Staff and Zoning Commission have recommended conditional approval of the request and concurred in that recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by David A. Osterman for Melvin and Lila Icenoggle to allow construction of 130 mini-warehouses with an office and caretaker's residence at 1811 North Rouse Avenue, subject to the following conditions as recommended by the Zoning Commission: 1. That the location of the fire hydrant and emergency exit must be re- viewed and approved by the Fire Chief and City Engineer prior to final site plan approval. 2. That adequate snow removal and storage areas be provided and illus- trated on the final site plans. 3. That exterior security lighting be provided and illustrated on the final site plans. 4. That the paving, drainage and access plans be reviewed and I approved by the City Engineer prior to final site plan approval. 5. That a trash enclosure be provided that will be readily accessible to the garbage trucks. Said location shall be reviewed and approved by the Street Superintendent. 6. That the developer enter into an improvements agreement with the City of Bozeman. The structure may not be occupied until all required improvements have been installed, inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the developer shall secure the improvements 10-11-83 341 agreement with an acceptable method of security equal to one- and one-half (H) times the estimated cost of the scheduled improvements. 7. That the off-street parking for the office and caretaker's residence be illustrated on the final site plans. 8. That three (3) copies of the final site plan containing all the con- ditions, corrections and modifications ,approved by the City Commission I be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 9. All on-site improvements (i .e. paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 10. 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 applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre ~nd Mayor Stiff; those voting No, none. Request to address Commission re refund on SID No. 502 - Jerry Prescott City Manager Evans presented to the Commission a request on behalf of Jerry Prescott to address the Commission regarding a refund on Special Improvement District No. 502. Mr. Jerry Prescott stated he has received a claim form to receive a $82.05 refund, which I results from reassessment of SID No. 502. Mr. Prescott stated he had paid this SI D in 1972 and feels the same interest rate should be applied to this refund as to delinquent SI D's. That rate is a 10 percent penalty plus 1 percent per month until the amount is paid. Mayor Stiff asked if the staff had reviewed this request. City Manager Evans stated the staff had not addressed the matter. He then stated he questions whether the City may legally pay interest on a refund for a Special Improvement District, since each SID fund has a specific life span, must stand on its own and is not to be subsidized by the City. He also noted he is not certain the City is required to refund any SI D payments that result from assessment statements. City Attorney Crumbaker-Smith requested a one-week deferral on this request to allow her an opportunity to review the matter. This item will be paced on next week's agenda for a decision. Request - extension of Conditional Use Permit for Klondike Planned Unit Development - Robert Pearson City Manager Evans presented to the Commission a request on behalf of Robert Pearson for an extension of the Conditional Use Permit for the Klondike Planned Unit Development. The City Manager noted the Commission received memorandums from Planning Director John Moss and Assistant City Manager Don Barrick concerning this request. He noted there is a legal question on whether the Commission has the authority to grant an extension to a Conditional Use Permit. I City Attorney Crumbaker-Smith stated she had not had an opportunity to review this matter and requested that action be deferred for one week. Mr. Steve Ungar, Attorney representing the applicant, stated special circumstances have been created for this application due to the lengthy and much-publicized discussion of the possible Hospital relocation. He noted Mr. Pearson's property abuts the Hospital's 500-acre tract on which they propose to locate the new Hospital. The applicant has invested over $100,~00.00 in this project and has received a letter from the Manhattan State Bank indicating they will provide the financing for the project. Also, Hospital Administrator Ed Dahlberg has submitted a letter stating support for the Klondike Planned Unit Development. 10-11-83 . 34:) "-.- The Commission deferred action on this request for one week to allow the City Attorney an opportunity to review the matter. Request - permission to sell Christmas wreaths - Lone Mountain Gymnastics Parents Club City Manager Evans presented to the Commission a request on behalf of the Lone Moun- tain Gymnastics Parents Club for permission to sell Christmas wreaths. The City Manager noted I ~ '" the Lone Mountain Gymnastics Parents Club is a nonprofit organization; and the City allows non- profit organizations to conduct fund raising activities. He then recommended that the Commission approve the request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Lone Mountain Gymnastics Parents Club for permission to sell Christmas wreaths. 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. Ordinance No. 1145 - repealing Chapter 10.36 of the Bozeman Municipal Code, re parking meters City Manager Evans presented Ordinance No. 1145, as prepared by the City Attorney, entitled: ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REPEALING CHAPTER 10.36, Parking Meters, OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans noted the City has removed the parking meters, and this section of the Code is now outdated. He then recommended that the Commission provisionally adopt Ordinance No. 1145 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. 1145, repealing Chapter 10.36, Parking Meters, of I the Bozeman Municipal Code, 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. Commission Resolution No. 2486 - Garbage Assessment for Fiscal Year 1983-84 City Manager Evans presented Commission Resolution No. 2486, entitled: COMMISSION RESOLUTION NO. 2486 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR, TO DEFRAY THE COST AND EXPENSE OF COLLECTION AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 9F THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Evans recommended that the Commission adopt Commission Resolution No. 2486, levying the Garbage Assessment for Fiscal Year 1983-84 at the same level as assessed in Fiscal Year 1982-83. The City Manager noted the assessment notices must be mailed on October 25, as required by State Statute. It was moved by Commissioner Vant Hull that the Commission adopt Commission Resolution No. 2486, levying the Garbage Assessment for Fiscal Year 1983-84. The motion died for lack of a second. I Commissioner Anderson stated she is concerned about the deficit this Commission Reso- lution would create and stated she would not vote for the Resolution. Commissioner Mathre noted the Commission has adopted the budget, which depends on increased income. She stated she cannot support maintaining last year's garbage collection rates, which will create a larger deficit than last year's deficit balance. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commis- sion reconsider its action taken at last week IS meeting, which rejected Commission Resolution 10-11-83 343 No. 2470. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre and Commissioner Anderson; those voting No being Commissioner Vant Hull and Mayor Stiff. Commissioner Weaver stated he had initially thought that two different methods were used in calculating the landfill fees for commercial haulers and City trucks. He stated, however, he I talked with Engineering Officer Neil Mann and found that ttJe charges were based on one compacted yard of garbage and feels the proposed rates are as equitable as possible at this time. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission finally adopt Commission Resolution No. 2470, levying the Garbage Assessments for Fiscal Year 1983-84. City Manager Evans stated concern that the open meeting law could be circumvented since this is a different Resolution from the one listed on the agenda. He indicated he feels Commission Resolution No. 2470 should be reconsidered at next week's meeting to avoid any potential problems. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission table action on Commission Resolution No. 2470 for a period of one week. 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. Continued discussion - public education program on self-government powers Commissioner Vant Hull reviewed the schedule of upcoming presentations. The Commis- sioners also determined which Commissioner would at~end which meetings. Commissioner Weaver then reviewed the presentations which have been given. The Commissioner stated he feels the presentations were beneficial; and the Commission should continue with those presentations. He stated it is not unimportant that the Commission is I spending no tax dollars to support the adoption of self-government powers. Commissioner Vant Hull stated that, after three presentations, they have found the information sheet handout is important. She feels it is necessary to have these handouts for the rest of the presentations to provide the people with facts and figures on self-government powers. Commissioner Weaver noted it is not too late to conduct these presentations, but that the time is now. The Commissioner noted that all possible presentations should be given and en- couraged the Commissioners to write articles or letters for the Chronicle to publish. Mr. Sam Kimbrell, Executive Director of the Chamber of Commerce, stated the Chamber is interested in having an informed electorate going to the polls. He stated that to this point, the Chamber activity has been to inform people and to suggest avenues for receiving information on self-government powers. Mr. Kimbrell also encouraged the Commissioners to write articles for the Chronicle. He then suggested that a public forum might be helpful. He noted the Commissioners could give a brief presentation on the issue and answer questions from the audience. Mr. Kimbrell stated he sees self-government powers as the key issue this year, when funding of City services as well as the administrative operation of the government is being hampered by actions of the Legislature. He then stated there is a fine line between advocacy and generating information to the electorate. He suggested that, if legally possible, public funds could be used to provide information to the taxpayers. Commissioner Weaver stated that if one dime of taxpayers' money were used to dissemi- nate information on the issue of self-government powers, it would cost more votes than would I be gained by whatever additional circulation of information was done. He noted this is a judgment call, not a legal matter at this point. Commissioner Mathre noted that if people do not belong to a specific organization, they tend not to attend meetings. She stated she feels a public forum would not be attended. Mr. Kimbrell stated it is important for the Commission to provide the citizenry with an opportunity to attend a public forum, whether the people attend or not. Commissioner Anderson asked if the Chamber of Commerce would consider organizing a public forum. 10-11-83 34'-~ Mr. Kimbrell stated the Board of Directors for the Chamber of Commerce would probably consider the matter if a formal request is submitted. Commissioner Weaver stated he would prepare a letter to the Chamber of Commerce. Appointment of subcommittee. to review Pledged Securities as of September 30, 1983 City Manager Evans noted the Pledged Securities must be reviewed quarterly by statu- I tory requirement. The City Manager then recommended a subcommittee of the Commission be appointed for this review. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that Commissioner Mathre and Mayor Stiff be appointed to a subcommittee to review the Pledged Securities as of September 30, 1983. 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. Direct legal opinion be given on Board of Adjustment ruling Commissioner Vant Hull stated she had requested this item be added to the agenda. She stated the Commission should decide if it wants City Attorney Crumbaker-Smith to determine where authority of the Board of Adjustment lies. She noted she has distributed copies of a memo from the Planning Director and a letter from Timberline Reclamation to each of the Commissioners. She noted the letter from the Planning Staff indicates that the Board of Adjustment has waived the requirement for a 35-foot setback from stream banks on three different requests. The Commissioner stated she feels the lines of authority need to be clari- fied. Commissioner Vant Hull stated the decision that prompted these letters is the recent approval by the Board of Adjustment of the request for a variance to the 35-foot setback from stream banks at 719 South Church Avenue. It was moved by Commissioner Vant Hull that the Commission direct the City Attorney to determine the merits of the points raised in the Planning Staff memo and Timberline Reclamation I letter, with a report to be submitted to the Commission as soon as possible. The motion died for lack of a second. City Attorney Crumbaker-Smith stated that any decision by the Board of Adjustment must be appealed to District Court within thirty days of the decision. She noted the Commission has no authority in the matter; however, the Commission could appeal the decision if it so desires. The City Attorney stated she could not complete a review by Monday and suggested she be given two weeks to review the issue. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission direct the staff to (1) investigate whether it is legally feasible and practical for the Commission to appeal the recent Board of Adjustment decision on the request for variance at 719 South Church Avenue to District Court for a determination on whether or not the Board of Adjustment overstepped its authority and (2) review the broader definition of authority of the Board of Adjustment, with a report to be submitted to the Commission on October 24, 1983. 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. Consent Items City Manager Evans presented to the Commission the following items: Request for permission to sell popcorn during MSU Homecoming Parade - Bozeman Kiwanis Club - Octooer 15. 1983 Application for Raffle License - American Legion Auxiliary - I November 11, 1983 Application for Raffle License - Big Sky Reading Council - November 25, 1983 Information item - acknowledge that City staff has received three proposals for use of Beall Park BUilding; bring back for discussion on October 17, 1983 Report - Building Inspection Division for September 1983 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the above items as listed and authorize and direct the appropriate persons 10-11-83 J4S to complete the necessary actions. 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. Recess - 5:10 p.m. I Mayor Stiff declared a recess at 5:10 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled discussion on setting the criteria and screening process for City Manager appl ications. The Commission also excused City Manager Evans and Assistant City Manager Barrick from the evening session of the Commission meeting due to the item being considered. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of con- ducting the scheduled discussion on setting the criteria and screening process for City Manager applications. Discussion - setting of criteria and screening process for City Manager applications Mayor Stiff stated one of the most important things for the Commission to do at this time is to determine the objective criteria that will be uniformly used during the selection process. Also, the Commission must establish a calendar of events for the next two and one-half months so that a City Manager can be selected prior to the end of the year. He noted the Commission must determine what will be done privately and what portions of the process will be open to the public. Mayor Stiff noted that some of the applications which have been submitted have been marked as confidential. Also, the character of the position creates a need for confidentiality during the selection process. Mayor Stiff stated he feels the latter portion of the screening process should be opened I to the public. He noted Commissioner Anderson has suggested an open house for the final candidates so the public will have an opportunity to meet and talk with those candidates. Commissioner Mathre stated during the last screening process, the Commissioners used numbers to identify the applications. She noted the entire process could have been opened to the public last time because the confidentiality would have been maintained with this process. She stated she had felt pressured when going through the applications due to the time con- straints and the process of all Commissioners reviewing the applications during a meeting. Commissioner Weaver suggested the applications be divided into packets which the Commissioners may check out and review, considering the objective criteria established by the Commission, until the final selection process begins. He noted tally sheets could be maintained on each group, and those tally sheets could then be totaled on a master sheet. Mayor Stiff stated the Commission must determine who will be involved in the selection process. He stated he had considered waiting until after the November election, and have the winners of the election and the present City Commissioners involved. He stated he does not feel there is time to involve the winners of the election in the entire process but suggested they might become involved at whatever point the Commission has reached by that time. Following a brief discussion, the Commission concurred that the winners of the election should not become involved in the process until it is opened to the public because they have no hiring authority until after the Commission has changed in January. The Commission once again concurred that the final candidates must be willing to have their names made public. Also, the interview process will be open to the public, possibly I through a public reception. The Commission also concurred that the right to privacy will be considered; and the process will be closed, with no names released until the final candidates have been determined. Commissioner Anderson asked if receipt of any of the applications has been acknowledged. Mayor Stiff stated that the Clerk of the Commission has sent a letter of acknowledgement to all of the candidates to date. The Commission then established a tentative calendar of events for the next step in the process. The deadline for applications is Monday, October 17, so the Clerk of the Commission 10-11-83 348 will accept applications through the morning mail on Tuesday, October 18, 1983. The Clerk of the Commission will then divide all applications into five equal packets; and the Commissioners will begin checking out those packets. The deadline for the first screening is Wednesday, October 26, at which time all Commissioners will have submitted their tally sheets for the five packets to the Clerk of the Commission. The Clerk of the Commission is to then tally those sheets on a master tally sheet, which will be distributed to the Commission in their Friday I packet. The Commission will then meet in an evening session on October 31, to review the tally sheet and determine how many of the applications will be eliminated on the first cut. After the meeting, the Clerk of the Commission will then re-group the successful applications into five equal packets, for further review by the Commissioners. The Commission decided to determine the deadline date for the second cut at the meeting on October 31. Commissioner Weaver stated he would like to determine the final candidates by November 15. He noted it wi II take two weeks to arrange interview times and conduct the interviews. The Commissioner then stated, if possible, the decision on the new City Manager could be made around December 1. Mayor Stiff noted the Commissioners must determine how extensively they wish to review the references provided. Also, the Commission must decide if it wants to send someone into the home communities of the candidates prior to selection of a new City Manager. The Mayor stated it may be necessary to appoint an Interim City Manager if the process cannot be completed and the new City Manager in office by January 1, 1984. Break - 7:55 to 8:00 p.m. Mayor Stiff declared a five-minute break at 7:55 p.m., to reconvene at 8:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion - setting of criteria and screening process for City Manager applications Commissioner Weaver stated he has previously hired personnel under close Affirmative I Action scrutiny. He stated it is important that the advertisement be translated into specific criteria to be used when considering all appl ications, with some type of ranking system for each of the criteria. The Commissioner also noted it is important that all aspects of the advertise- ment are translated into criteria; and the specific criteria cannot be more restrictive than the advertisement. The Commission then set the specific criteria, based on the advertisement placed in the Nation's Cities Weekly, ICMA Newsletter and five of the major newspapers in the state. That advertisement stipulates "... desire degree in public administration or related field plus five years progressive governmental management experience; extensive financial management/budgeting and personnel/Iabor management experience required ... " The Commission instructed the Clerk of the Commission to prepare a tally sheet, for review at next week's meeting, containing the six specific criteria established from the advertisement. Those six criteria include (1) degree, (2) experience, (3) financial management, (4) budgeting, (5) personnel, and (6) labor management. Commissioner Weaver cautioned the Commissioners that the items considered under each of these specific criteria must be consistently applied to each and every application. The Commission concurred that local government experience is preferred to any other governmental or private sector experience. The Commission also concurred that the applications will be rated on a scale of 0 to 10 for each of the six specific criteria. The Commission further concurred that no weighting system needs to be used on the tally sheet because the first cri- terium applies to education; and the remaining five criteria apply to the applicant's experience. The Commission then set next Monday, after completion of the evening session, as the I time to review the tally sheet. The Commission also decided to conduct a dry run with the tally sheets, using applications from a previous selection process. Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being 10-11-83 3'17 Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor I ATTEST: Clerk of the Commission I I 10-11-83 ~