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HomeMy WebLinkAbout1983-12-12 It 5'1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 12, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, December 12, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant 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 special meeting of December 1, 1983, were approved as corrected. Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983; October 31, 1983; November 14, 1983; and December 5, 1983; and the special meetings of November 26, 1983; December 7, 1983; December 8, 1983; and December 10. 1983; was deferred unti I a later date. None of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Open bids - two police vehicles T':1is was the time and place set for the opening of bids for two police vehicles. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Yant Hull, that the bids be opened and read. 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. I The following bids were then opened and read: Gross Bid Rolfe and Wood, Inc. Bozeman, Montana $1 0 , 759 . 47/ pe run i t Bozeman Ford, I nc. Bozeman, Montana $10,506.00/per unit * Extra: undercoating at $50.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to staff for review and a recommendation to be submitted at next week's meet- ing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Chan e - Caroline Hunt Jones - R-2 to R-O - SEL SWL Section 8, T2S, treet, west of aggerty Lane This was the time and place set for the decision on the Zone Map Change requested by Caroline Hunt Jones to change the zoning from R-2 to R-O on that parcel of land located in the SEL SWl, Section 8, Township 2 South, Range 6 East, MPM. This property is more commonly located on the north side of Ellis Street, west of Haggerty Lane. City Manager Evans noted that the Zoning Commission had recommended that this Zone Map Change be approved and stated he concurred in that recommendation. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the Zone Map Change requested by Caroline Hunt Jones to change the zoning from R-2 to R-O on that parcel of land located in the SE!, SW!, of Section 8, Township 2 South, Range 6 East. 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. 12-12-83 452 Decision - proposals for use of the Beall Park Building This was the time and place set for the decision on the proposals for the use of the Beall Park building. City Manager Evans noted the Commission had conducted the public hearing on this matter at last week's meeting. He also indicated the Commission had received tally sheets to help in determining which proposal should be accepted. The City Manager then cautioned the I Commission that one of the proposals might carry with it a new program consideration for the City. He then requested that the Commission consider potential future funding requirements in evaluating the proposal submitted by the Committee for the Arts. City Manager Evans then stated he feels use of the building by another entity should provide a break-even basis for the City. Commissioner Vant Hull noted that a community arts center would be utilized by county residents as well as city residents. She suggested that the County and the City each commit $2,500.00 to the $5,000.00 initial building improvements requested by the Committee for the Arts. She noted the Commission has discussed City I County cooperation on various occasions and stated this may provide a good opportunity for such cooperation. The Commissioner then indicated that she feels the community arts center should be self-supporting and not require additional funding from the City. Mayor Stiff stated support for City Manager Evans' observations. The Mayor indicated he has difficulty approving any item which requires use of additional City monies. He noted the proposal includes a $5,000.00 initial expenditure for improvements by the City, that the City cover all insurance costs, and does not provide for any rent compensation. He then stated the covenants do not prohibit a nominal rental charge for use of the building. Commissioner Anderson stated concurrence in Commissioner Yant Hull's suggestion. She indicated she feels the Commission could appropriate monies as listed in the proposal, which would allow the Committee for the Arts an opportunity to attain financial solvency so that the function could be self-supporting in the future. I Commissioner Weaver stated the Commission should not consider approval of any proposal which would add another program to the City's budget, especially during a non-budgeting period. He noted such proposals should be considered during the regular budgeting cycle and should be weighed against other budget items. The Commissioner then suggested that the Committee for the Arts might be the entity to seek County funds for funding of improvements to the building, rather than the City. Commissioner Mathre stated she had asked George Mattson who would pay the utilities if the proposal submitted by the Committee for the Arts should be accepted. She stated Mr. Mattson had indicated the Committee for the Arts will pay the utility costs, but feels the City should pay the utility costs associated with the ice skating warming house activity. She in- dicated she is uncertain how the utility costs should be divided to be equitable for both parties. The Commissioner stated she supports Mayor Stiff's concern about the possible financial outlay by the City if the proposal is accepted as submitted. Commissioner Weaver suggested that the Commission approve the use of the Beall Park Building for the proposal submitted by the Committee for the Arts, at no cost to the City. He stated if that acceptance is not acceptable to the Committee for the Arts, the Commission can then select another use for the building. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission award use of the Beall Park Building to the Committee for the Arts with the understanding that the proposal will not require any financial assistance from the City for operations and mainte- nance or capital improvements, and that the Committee for the Arts will provide liability I insurance for their activities and the City will provide fire insurance for the building and liability insurance for the ice skating warming house. 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. Several of the Commissioners had noted during the discussion that they had rated the proposals submitted by the Committee for the Arts and the Human Resource Development Council for a Head Start program very closely. Commissioner Weaver indicated that he feels the HRDC 12-12-83 It 53 could find another location for the Head Start program, while finding another location for a community arts center could be difficult. He also stated the determination of which proposal would do the greatest good for the greatest number with limited resources entered into his decision. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that it I is the consensenus of the Commission that the Head Start program is desirable and that the City government supports the grant application for that program. 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. Final report from the Bozeman Cable Television Study Committee City Manager Evans stated the Bozeman Cable Television Study Committee has prepared its final report and has requested an opportunity to present it to the Commission. Ms. Roxanne Smith, Chairperson of the Bozeman Cable Television Study Committee, pre- sented copies of the final report to the Commission. She then reviewed the information sub- mitted to the Commission, including the recommendations on cable franchising and local access television and the minority report submitted by Mr. Ian Elliot. Ms. Smith stated the Committee unanimously recommends against using cable television franchise fees as a source of income for the General Fund, but should be used to benefit cable subscribers. The Committee has esti- mated the revenues generated from the maximum 3 percent franchise fee would be approximately $25,000.00 per year. The Committee also found in its studies that the larger cities have requested a dedicated local access use channel but have not utilized that channel. Therefore, the Committee recommends that MSU's proposed local, over-the-air channel be contracted for local access use as necessary. The Committee also recommends that if local access television programming is implemented, a committee of cable subscribers be formed to manage the use of public access and franchise fees. I Ms. Smith then reviewed the minority report, which lists specific differences to the recommendation submitted by the Committee. The minority report also recommends that the City Commission direct the City Manager to begin negotiations with Bozeman Cable TV for a simple, non-exclusive franchise that would be for a specified period of time which would contain a franchise fee to cover the City's out-of-pocket expenses in administering the franchise, not to exceed three percent. Commissioner Vant Hull noted there is little reference to franchise fees which have been implemented in other cities in Montana. She asked if research of those franchise fees was a part of this study. Ms. Smith stated the Committee received copies of franchise fee agreements from other municipalities in Montana and gave those agreements to City Attorney Crumbaker-Smith. She stated many of those franchise fees have been implemented without the extensive research which has been completed here. She noted the terms of the franchises in Montana are usually ten to twenty years. Ms. Smith also stated the Committee feels that any kind of franchise must be mutually beneficial to the City and the cable television company. Mr. Gerry Wheeler, member of the Committee, noted that cable television subscribers in Butte and Bozeman pay the same monthly fee; and Butte has a franchise fee while Bozeman does not. Mayor Stiff asked if there will be any changes in the national regulations on franchising. Mr. Ed Groenhout, member of the Committee, stated that most legislation concerning fran- chising by local governments was eliminated in 1976. He then indicated he feels the manner in I which Bozeman has addressed this issue is unique. He stated he feels if people in this area have an opportunity to use television as a method of communicating, they will use the system. Mr. Ian Elliot stated the Senate and House have recently considered companion bills that would place all regulation of cable television at the national level. However, it appears that the bill in the House may not pass as submitted. He stated he feels a simple franchise could be grandfathered. 12-12-83 45 Lt Recess - 5:25 p.m. to 5:30 p.m. Mayor Stiff declared a five-minute recess at 5:25 p.m., to reconvene at 5:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Final report from the Bozeman Cable Television Study Committee (continued) Mr. Gerry Wheeler stated he has been traveling and reviewing the changes in technology I during the past year. He noted the technology in cable television is changing rapidly and cautioned the Commission against entering into a long-term franchise. The Commission thanked the Committee for their efforts and final report. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the final report submitted by the Bozeman Cable Television Study Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. The Commission then requested that the report be brought back in two weeks for further discussion. Request - State Department of Labor and I ndustr property located at the corner 0 est Main treet City Manager Evans presented to the Commission a request submitted by the State of Montana Department of Labor and Industry regarding the relocation of the sewer line easement on the property located at the corner of West Main Street and South Nineteenth Avenue. The City Manager noted the Department has requested that the sewer line easement be moved ten feet to the west so that the sewer line lies five feet from the east border of the easement. He then concurred in the Director of Public Works' recommendation that the easement be moved five feet to the west, leaving ten feet between the sewer line and the east border of the easement. It was moved by Commissioner Yant Hull, seconded by Commissioner Anderson, that the I Commission approve the request submitted by the State Department of Labor and Industry to relocate the sewer line easement on the property located at the corner of West Main Street and South Nineteenth Avenue, but that the easement be moved five feet to the west rather than the requested ten feet. 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. Continued discussion - proposal to contract with Gallatin County for personnel services City Manager Evans stated discussion on this item had been continued for a period of one week. He noted the County is anxious to proceed with hiring of a personnel officer. He stated the proposal to establish a joint City-County personnel office would not impose a high cost on the City for the initial six-month period; and the program could be evaluated at the end of that period. The City Manager noted there are many federal and state regulations concerning personnel management and the recruitment of people which must be considered; and it is best to have an expert deal with those issues. Commissioner Anderson stated she would prefer that action on the matter be deferred until after the new City Manager has arrived and had adequate time to review the personnel situation in the City. She indicated if the County wishes to proceed, it should do so. It was moved by Commissioner Anderson, seconded by Commissioner Yant Hull, that the Commission defer action on the proposal to contract with Gallatin County for personnel services until the new City Manager has had an opportunity to review the proposal. The motion carried I by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver. Adoption of Master Plan with revisions adopted by the Board of County Commissioners City Manager Evans noted the City Commission had adopted the revised Bozeman Area Master Plan as submitted on September 12, 1983. He stated that a memo from Planning Director John Moss indicates that on November 8, 1983 the County Commission adopted the revised Bozeman 12-12-83 1,55 Area Master Plan with two changes: (1) delete the statement suggesting city zoning should be extended to the full extent of the three-mile area and (2) modify a statement indicating the planning jurisdiction should be extended to the full 4i-mile jurisdiction. The Planning Board adopted those changes on November 10, 1983; and the City Manager recommended that the City Commission now adopt those changes also. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt the two changes to the revised Bozeman Area Master Plan as adopted by the Board of County Commissioners and the City-County Planning Board, those being (1) delete the statement suggesting city zoning should be extended to the full extent of the three-mile area and (2) modify a statement indicating the planning jurisdiction should be extended to the full 4i-mile jurisdiction. 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. Discussion - recommendation for rate studies of water and sewer utility fees City Manager Evans presented to the Commission his memorandum recommending that water and sewer utility rate studies be completed prior to implementation of hook-up fees. The City Manager indicated the present rate studies for the water and sewer utilities are several years old. Also, those rate studies were based on estimated historical data and estimated future needs. The City now has a good data base to use in determining proposed water and sewer rates; and he feels new rate studies should be completed as soon as possible. The City Manager noted the day-to-day operational needs, the requirements listed in the bond issues for the utilities and capital needs should be considered when establishing new utility rates. Commissioner Anderson suggested that any firm submitting a proposal should also give a one-half hour presentation. Commissioner Mathre stated management should hire the consultant. She noted the I Commission could review the request for proposals; but management should select the firm to complete the rate studies. City Manager Evans noted the City Commission can act as the rate setting body if the proposed rate increase is not more than 12 percent. He stated that if management hires the consultant to complete the rate study, the Commission will avoid any possible implication of being an advocate for the rate change. The City Manager then stated if the Commission approves the rate studies, requests for proposals will be solicited and the qualifications of the consultants reviewed prior to selection of the consultant. Commissioner Weaver suggested that the Commission could review the request for proposals prior to issuance of the RFP. Mayor Stiff noted that if the water and sewer rates can be increased by 12 percent each year, the City should be considering annual increases as needed to cover the increased costs of providing those services. City Manager Evans stated automatic annual review of the utility rates should be im- plemented. He indicated a hesitance to implement such a review until a new rate study has been completed to be sure the figures being used are accurate. Commissioner Vant Hull asked how the City could obtain a determination from the Mon- tana Public Service Commission on whether hook-up fees must be considered as a portion of the 12 percent increase. City Manager Evans stated the Public Service Commission will not address the issue until a rate increase has been implemented by a local government. He noted that the City of Helena I has indicated it is planning to implement a utility rate increase; and after it is completed, the Public Service Commission may rule on whether hook-up fees must be considered as a portion of the 12 percent increase. Commissioner Anderson asked how long it will take to complete the study. City Manager Evans stated the report should be completed within 120 days because the needed data should be readily available. The City Manager then recommended that the Commission authorize management to proceed to seek proposals from consultants for rate studies for the water and sewer utilities. He also noted the Commission may want to establish a policy for annual review of the water and sewer rates in a specified month. 12-12-83 45C It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the City Manager to proceed with preparation of a request for proposals for rate studies for the water and sewer utilities, and the hiring of a consultant be a management decision. 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. City Manager Evans stated he will submit the request for proposals to the Commission for I review prior to advertising for proposals. Discussion - proposed hook-up fees for water and sewer City Manager Evans presented to the Commission his memorandum concerning water and sewer utility development fees and annexation impact fees. He noted his recommendation is that the City proceed with rate studies for the water and sewer utilities and then consider utility development fees (hook-up fees) and annexation impact fees. The City Manager stated the ad- ministrators of the Cities of Billings, Helena, Missoula and Bozeman concur that hook-up fees should be based on future capital needs. The City Manager also indicated he feels comprehen- sive water and sewer master plans, including the service areas, should be prepared. He in- dicated he feels these master plans can be completed by the existing staff. City Manager Evans suggested the utility development fees be set aside in a capital improvement fund for each utility when they are adopted. The Commission concurred in the City Manager's recommendation and deferred action on utility development fees and annexation impact fees until water and sewer rate studies have been completed. Commissioner Weaver suggested this issue be discussed at another joint meeting with the City-County Planning Board. Commission Resolution No. 2490 - recertifyin relevied SID's to Gallatin Count I of ovember 30, 1982 City Manager Evans presented Commission Resolution No. 2490, entitled: COMMISSION RESOLUTION NO. 2490 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN AUTHORIZING THE DIRECTOR OF FINANCE TO RECERTIFY TO THE GALLATIN COUNTY TREASURER THOSE SPECIAL ASSESSMENTS RELEYIED AND REASSESSED BY PRIOR COMMISSION ACTION AND SUBSEQUENTLY CERTIFIED TO THE GALLATIN COUNTY TREASURER AS DELINQUENT IN 1982. City Manager Evans noted the Commission has received a memorandum from Director of Finance Swan concerning this Commission Resolution. He noted that the Commission adopted Resolutions relevying and reassessing SID Nos. 558, 584, 617, 626, 627 and 629 after the assess- ments were mailed in late October 1982. Therefore, any delinquent and accelerated assessments in 1982 are incorrect. This Resolution will provide the re-certification of the delinquent SID's to the County, with the corrected balances. The City Manager then recommended that the Commis- sion adopt Commission Resolution No. 2490. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2490, recertifying special assessments for specified Special Improvement Districts to the Gallatin County Clerk and Recorder's Office. 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. Continued discussion - selection process for new City Manager I Mayor Stiff noted the Commission has received revised copies of the benefit package which has been extended to Mr. Wysocki. He then stated Mr. Wysocki had called him before noon on Saturday, per previous arrangements, and had accepted the position of City Manager of the City of Bozeman, effective February 1, 1984. The Mayor then stated Mr. Wysocki may wish to receive information, such as the agendas and possibly the packets each week. Commissioner Mathre suggested that someone be instructed to contact Mr. Wysocki and ask him what information he would like to receive to make the transition as smooth as possible. 12-12-83 451 The Commission then instructed Clerk of the Commission Sullivan to contact Mr. Wysocki. The Commission also authorized the Mayor to sign letters to each of the twelve can- didates, indicating the process has been completed and a new City Manager has been hired. FY I letters - from Susan Newell re snow removal and from the Department of Commerce re CDBG applications I City Manager Evans noted that Commissioner Vant Hull had requested this item be added to the agenda. Commissioner Yant Hull suggested that Director of Public Service (Works) Holmes be instructed to implement last year's program and that an advertisement be placed in the news- paper. City Manager Evans stated the existing personnel do not have sufficient time to im- plement the program established last year as it should be. He noted the City could contract with a private firm to remove the snow and then bill the individuals, which would create a large bi II to the residents. The Commission then requested that Director of Public Service (Works) Holmes submit recommendations for a snow removal program as soon as possible Commissioner Vant Hull then noted the City has received a letter from the Department of Commerce concerning the point system used in ranking the Community Development Block Grant appl ications. She indicated that Senior Planner Mike Money should be aware of the possible changes. The Commission then authorized Commissioner Vant Hull to talk to Senior Planner Money about the changes. Consent Items City Manager Evans presented to the Commission the following items: I Acknowled e receipt of memorandum from Director of Finance Swan re de mquent I IS Claims It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the items as listed above be approved, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 6:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Yant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 12-12-83