HomeMy WebLinkAbout1982-12-27
339
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 27, 1982
*********************
The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, December 27,1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Assistant City
Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. City
Manager Evans was absent due to illness.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Weaver.
The minutes of the regular meeting of December 20, 1982 were approved as corrected.
Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed
under Consent Items for discussion. Commissioner Mathre requested that the applications for
renewal of Liquor, Beer and Wine Licenses for various establishments for the Calendar Year
1983 be removed for discussion. Commissioner Vant Hull requested that the payment of the
claims be removed for discussion.
Award bids - dehumidification equipment at Bozeman Swim Center
This was the time and place set for awarding of the bid for the installation of de-
humidification equipment at the Bozeman Swim Center. Assistant City Manager Barrick recommend-
I ed that the bid be awarded to Western Plumbing of Bozeman, Inc., Bozeman, Montana, in the
base bid amount of $46,150.00, it being the lowest and best bid, and that all alternate bids
be rejected, and that the Mayor be authorized to sign the contract documents following review
by the City Attorney. He stated that addition of engineering charges will increase the cost
of the base bid to $50,531.25, which is over the budgeted amount. Also, review of the
alternate bid with the engineers indicates that pneumatic controls probably won't be necessary
because the dehumidification equipment should remove the humidity which creates problems
with electrical controls.
Mayor Stiff stated concern that the removal of wall insulation and the pneumatic con-
trols for the dehumidification equipment from the energy saving measures being instituted at
the Swim Center may cause the School District No. 7 to question the City's good faith in
implementing the energy savings program. He further noted that the elimination of portions
of the proposed energy savings program may cause a longer pay-back time on savings than
originally anticipated. He also noted that installation of the pneumatic controls at a later date
will cost more than installation at the present time.
Commissioner Anderson noted that the energy savings for this fiscal year will be less
I than anticipated due to the fact that the equipment was not installed by November 1, 1982.
She further stated that she would like as much data as possible to support budgeting for the
next fiscal year. The Commissioner noted that any further delays in installation of equipment
would be detrimental and stated support of the Assistant City Manager's recommendation.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
bid be awarded to Western Plumbing of Bozeman, Inc., Bozeman, Montana, in the base bid
12-27-82
~" .
amount of $46, 150.00, it being the lowest and best bid, and that the bids for the alternate be
rej ected . 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.
It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that
the Commission authorize the Mayor to sign the contract documents with Western Plumbing of I
Bozeman, Inc., Bozeman, Montana, for installation of the dehumidification equipment after an
examination of the documents by the City Attorney. 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.
Continued discussion - ordering of cassette tapes for sessions held at the National League of
CitIes meeting in Los Angeles
Assistant Manager Barrick noted that this item had been continued from the previous
week's agenda.
Commissioner Mathre stated that the City may order any twelve cassette tapes for
$65.00 plus $2.00 shipping and handling from the National League of Cities Congress of Cities
meeting held in Los Angeles, California, on November 27 to December 1, 1982. The Commis-
sioner noted that the meeting was worthwhile and recommended that the Commission consider
the purchase of the tapes.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission authorize the purchase of twelve cassette tapes at a cost of $65.00 plus $2.00 I
shipping and handling from the National League of Cities 1982 Congress of Cities. 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 - Low-Income Housing Committee and consideration of budget
Assistant Manager Barrick presented to the Commission a letter submitted on behalf of
the Low-Income Housing Committee, requesting that consideration be given to a budget for
that Committee. Assistant Manager Barrick noted that discussion regarding the Low-Income
Housing Committee had been continued from the previous week's agenda.
Commissioner Anderson stated that the Committee has decided to focus on preparing
for a Community Development Block Grant application at the present time. She also noted
that expenses will be incurred, as indicated in the letter which was written by Ms. Linda
Brock, Co-Chairperson of the Committee. She noted that these costs would be minimal, but
she feels that the City should pay the expenses for the Committee. Further, the Committee I
would provide an accounting of all monies.
Commissioner Vant Hull stated she feels that the City should approve the payment of
small expenses for the Committee and should provide secretarial assistance to the Committee.
Commissioner Weaver suggested that the Commission consider appropriating $200.00
from the City Commission budget to be used for expenditures of the Low-Income Housing
Committee.
12-27-82
341
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission authorize the appropriation of $200.00 from the City Commissionls budget for
operating expenses incurred by the Citizens Committee to Study Low-Income Housing for the
period January through June 1983 and further direct the Committee to implement appropriate
accounting procedures. The motion carried by the following Aye and No vote: those voting
I Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner
Vant Hull and Mayor Stiff; those voting No, none.
Continued discussion - opinion by City Attorney re transfer of handling of proceeds from
bequests to Bozeman Public Library Foundation
The Assistant City Manager stated that this discussion concerning the transfer of the
handling of proceeds from bequests to the Bozeman Public Library Foundation had been
continued from last week's meeting, to allow the City Attorney an opportunity to review the
issue.
City Attorney Mary Crumbaker-Smith stated that she had formed her preliminary
opinion. She noted that the Montana Code Annotated authorizes both the City and the Board
of Trustees for the Library to accept donations for the Library. She further noted that the
law does not prohibit the Board of Trustees from handling the expenditure of private monies.
However, when a donation is made to the Public Library, the monies involved become public
monies, which must be handled and accounted for by the Director of Finance. The City
Attorney stated that the proceeds from bequests to the City of Bozeman or the Board of
I Trustees for the Library must be handled through the Director of Finance. The proceeds
from bequests to the Bozeman Public Library Foundation, a private nonprofit corporation,
which has just recently been formed, may be handled by the Foundation as private monies.
Mr. John Parker, Board of Trustees, stated that the incorporation of the Bozeman
Public Library Foundation was approved by the Secretary of State in mid-November. He a I so
noted that the Friends of the Libraries have given the Foundation $1,200.00 to begin function-
ing. He stated that the Foundation has requested that the proceeds from donations received
to date be transferred to them for administration, and he supports that request. He noted,
however, that the transfer may not be possible under the State law, and the Foundation
would accept that position. Mr. Parker noted that the City is prohibited under the State law
from using monies for certain purposes. He stated that the Foundation has considered using
its funds for some of those purposes, unless the donations are specifically earmarked.
Commissioner Weaver requested that the City Attorney research the legal aspects of a
possible one-time appropriation of public monies to a nonprofit organization during the
budgeta ry process. He also requested that she review the bequests which have been made
for which the proceeds have not been expended to date to determine whether the donation
I was made to the City or to the Bozeman Public Library Foundation.
Mayor Stiff requested that this matter be placed on the agenda for the meeting to be
held on January 10, 1983 for further discussion and a final opinion to be submitted by the
City Attorney.
12-27-82
"',
,'"1:; j.
Discussion - matters to be discussed at the January 8, 1983 City-County Planning Board/City
Commission meeting in addition to the Master Plan
Assistant Manager Barrick noted that the Commission had requested that this discuss-
ion of possible agenda items in addition to the Master Plan for the meeting to be held on
January 8, 1983 be placed on this meeting's agenda.
Commissioner Anderson (1) asked if the City has a broad scope franchise ordinance; I
(2) suggested an anti-trust audit and review of possible liability, including discussion of
immunity and how to regain it through federal or state legislation; and (3) indicated an
interest in zero based budgeting and goal-oriented budgets.
Commissioner Vant Hull suggested (1) discussion of cable television franchising, to
include the Butte-Silver Bow County Attorney; (2) review of the budget process; (3) a
report from the City-County Health Board regarding the air quality in Bozeman; and (4)
meeting with the Pedestrian/Traffic Safety Committee, to possibly include the Technical
Advisory Committee.
Commissioner Mathre suggested the possibility of discussing industrial parks. She
noted that Mr. Sam Kimbrell, Director of the Chamber of Commerce, could possibly speak of
his experiences with industrial park areas in Kansas.
Commissioner Weaver indicated (1) an interest in programmatic budgeting and (2)
stated that he would be prepared to brief the Commission on the pros and cons of implement-
ing a one-time connect charge for City services.
Mayor Stiff suggested (1) discussion of a possible in-house analysis of budgeting
practices; (2) cable television franchising; (3) review of the audited balance sheet as of June I
30, 1982 and the City's reserves; (4) development of a long-range capital expenditure budget;
(5) review of the relationship between the Commission and City employees, indicating the need
for an organization chart; and (6) evaluation of the City Manager and Clerk of the Commission.
Following a brief discussion, the Mayor selected (1) review of the balance sheet and
reserves as of June 30, 1982 and (2) discussion of cable television franchising, with a review
of the information Commissioner Mathre obtained at the National League of Cities Congress of
Cities in Los Angeles as possible agenda items following discussion of the Master Plan with the
City-County Planning Board at the meeting to be held January 8, 1983.
Discussion - letter of support for the Bozeman Deaconess Hospital
Assistant Manager Barrick presented to the Commission a letter received from the
Bozeman Deaconess Hospital requesting a letter of support from the City to be submitted to
the State of Montana Department of Health and Environmental Sciences as a support document
for their Certificate of Need.
Mayor Stiff noted that the deadline for submission of the Certificate of Need is I
January 15, 1983. The Mayor also noted that concern has been expressed concerning the
proposed Zone Code Amendment to be heard before the Zoning Commission on December 28,
1982 and before the City Commission on January 3, 1983. The Zone Code Amendment would
remove clinics, hospitals and nursing homes as permitted uses in the R-4 District and medical
offices as conditional uses in the R-3 District.
12-27-82
3 L~-3
Commissioner Weaver stated that the letter of support for the Certificate of Need for
Bozeman Deaconess Hospital and the proposed Zone Code Amendment are two separate issues
and should not be linked together.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission authorize and direct the Mayor to sign a letter to the State of Montana, Depart-
I ment of Health and Environmental Sciences indicating the Commission's support of the pro-
posed modernization of the Bozeman Deaconess Hospital to improve the delivery of health care
services to the community, and further noting that the Commission feels the present central
location is the best location for the hospital and has previously acted to vacate portions of
West Beall Street and North Willson Avenue to facilitate the proposed expansion. 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.
Proposed seminar/workshop - The Practices of Mana ement - for selected supervisory level
I ty emp oyees
Assistant Manager Barrick presented to the Commission a letter and information concern-
ing a proposed seminar/workshop, entitled liThe Practices of Management", for selected super-
visory level City employees. The Assistant City Manager noted that this seminar/workshop
would be directed toward the mid-management level City employees. Also, The proposed .
workshop would be held on January 13 and 14, 1983. Mr. Laurence Sprecher, speaker at
I this seminar/workshop, has indicated a willingness to conduct an evening session for the City
Commission. The estimated cost of this seminar/workshop would be $1,300.00 to $1,700.00.
Assistant City Manager Barrick stated that the workshop is directed toward the management
of personnel, considering the budgetary constraints which have been established.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission authorize the expenditure of up to $1,700.00 to conduct a seminar/workshop
entitled liThe Practices of Management" for mid-level management City employees, to Include
an evening session for the City Commission. 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.
Information item - procedures regarding sidewalk snow removal
Assistant City Manager Barrick presented to the Commission a plan outlining procedures
regarding sidewalk snow removal. He noted this plan had been developed by Director of
Public Service Holmes. The Assistant City Manager noted that questions have been raised on
the cost of implementing this program. After review of the time needed to plow a sidewalk at
I the residence at the most distant location from the City Shops and the costs of manpower and
a vehicle, a cost of $17.24 per hour was established. The most distant residence from the
City Shop was determined to take approximately 20 minutes for departure, plowing and return
to the Shop, for a cost of $5.75 per time the snow is removed by the City.
12-27-82
,.." .
,.,{ .
~.J . ~'
Commissioner Vant Hull noted that this estimated cost does not include administrative
charges. She also stated that the cost is now enough that it would not be a deterrent, but
rather could cause an excessive amount of work for the City. She also requested that a
public notice be published in the newspaper, stating the costs incurred by residents if they
fail to comply with the City ordinances concerning snow removal and the City is required to
clean their sidewalks. I
Commissioner Weaver suggested that the administrative time and costs be considered In
the estimated hourly rate for cleaning sidewalks and that a minimum of possibly $15.00 be set
for each time the City cleans a residentls sidewalks.
City Attorney Crumbaker-Smith noted that the City Code provides for the billing of
actual expenses for the cleaning of sidewalks.
Mayor Stiff directed the City Staff to review the City costs for cleaning sidewalks,
including administrative costs, and bring back the proposal with a revised estimated cost per
hour and a proposed minimum charge to residents per time the sidewalk is cleaned.
Application for Beer and Wine license - Baldy Mountain Ski Supply - Calendar Year 1982
Assistant Manager Barrick presented an application, along with the required fee, for a
Beer and Wine license on behalf of Baldy Mountain Ski Supply for the Calendar Year 1982.
Assistant City Manager Barrick noted that at its regular meeting held on December 13, 1982,
the Commission had granted temporary approval of the application, pending receipt of the
permanent State Beer and Wine License. That I icense has now been received, and the Assistant
I
City Manager recommended that the Commission grant the permanent license.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission approve the application for a Beer and Wine license on behalf of Baldy Mountain
Sky Supply for the Calendar Year 1982. 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.
Application for Beer and Wine License - JimBobls Produce Market - Calendar Year 1983
Assistant Manager Barrick presented an application, along with the required fee. for a
Beer and Wine License on behalf of JimBob's Produce Market for the Calendar Year 1983.
The Assistant City Manager noted that the State license has been received and a copy is
attached to the appl ication.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission approve the application for a Beer and Wine License on behalf of JimBobls
Produce Market for the Calendar Year 1983. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner I
Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none.
Application for renewal of Beer and Wine license - Godfatherls Pizza - Calendar Year 1983
Assistant Manager Barrick presented an application for renewal of the Beer and Wine
License on behalf of Godfatherls Pizza for the Calendar Year 1983. He noted the required
12-27-82
345
fee has not been received. Assistant Manager Barrick recommended that the Commission
approve the application contingent upon receipt of the required fee.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission grant conditional approval for the renewal of the Beer and Wine license on behalf
of Godfatherls Pizza for the Calendar Year 1983 contingent upon receipt of the required fee.
I 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.
Applications for Liquor, Beer and Wine Licenses - renewals for various establishments -
Calendar Year 1983
This was the time set to renew the liquor, Beer and Wine Licenses for the Calendar
Year 1983. A total of 60 applications have been received along with the required fees.
Assistant Manager Barrick presented the list, as follows:
APPLICATIONS FOR LIQUOR, BEER AND WINE LICENSES
CALENDAR YEAR 1983
APPLICANT BEER WINE LIQUOR
-
Albertson's $200.00 $200.00 $
Alpine Towing and Repair 200.00
American Legion 500.00
Bacchus 500.00
I Baldy Mountain Ski Supply 200.00 200.00
Black Angus 500.00
Buttrey1s 200.00 200.00
Cannery Lounge 500.00
Cats Paw 500.00
Conoco Travel Shoppe 200.00
Country Gourmet 200.00 200.00
Cranes' Incredible Edibles 200.00 200.00
Crystal Bar 500.00
Eagles 500.00
Elks 500.00
Fi lIing Station 200.00 200.00
Haufbrau 500.00
Heeb's Food 200.00 200.00
Hilltop Chevron 200.00
Hinky Dinky 200.00 200.00
Holiday Inn 500.00
J. W. IS Hide-A-Way 500.00
Joe's Parkway 200.00 200.00
K -Ma rt 200.00 200.00
Kwik-Way #31 200.00 200.00
I Kwik-Way #32 200.00 200.00
Kwik-Way #33 200.00 200.00
Karl Marks Pizza 200.00 200.00
Little Johnls 200.00 200.00
little Big Men 200.00 200.00
Livery Stable 500.00
LaCocina 200.00 200.00
12-27-82
"
<'
. '/. I.
APPLICANT BEER WINE LIQUOR
-
Me and Janis Mini Mart 200.00 200.00
Me and Janis II 200.00 200.00
Molly Brown 500.00
Osco 200.00 200.00
Pizza Hut 200.00 I
Pump-N-Pak 200.00 200.00
Ramada Inn 500.00
Rose's Cantina and lounge 500.00
Rocking R Bar 500.00
Safeway 200.00 200.00
Scoop 500.00
Seven-Eleven 200.00 200.00
Skaggs 200.00 200.00
Sundance Saloon 500.00
Super America 200.00 200.00
Tee Pee 200.00 200.00
The Bowl 500.00
The Wine Cellar 200.00
The Wine Merchant 200.00 200.00
The Zoo Bar 500.00
3-5 Gas 200.00
Topper Motel 500.00
Town and Country Warehouse 200.00 200.00
Town Pump #1 200.00
Union Hall 200.00 200.00
Van's IGA 200.00 200.00 I
Village Inn 200.00 200.00
WlIIle1s Saloon 500.00
Commissioner Mathre asked if there have been any complaints regarding any of the
above-mentioned establishments during the past year.
Assistant Manager Barrick replied "NO".
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the applications for renewal of Beer, Wine and Uquor licenses for
Calendar Year 1983, as listed above. 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.
Claims
Claims for the past two weeks were presented. The Assistant Manager stated he had
checked the claims and found them to be true and correct and recommended that the Director
of Finance be instructed to issue warrants in payment thereof.
Commissioner Vant Hull requested that the claim to Terrellls Office Machines for one I
walnut desk in the amount of $481.66 be withdrawn from the list of claims. She has begun to
establish a comparison of the cost of this desk to others available and would like sufficient
time to complete her research. The Commissioner requested that the claim be withdrawn from
this week's listing of claims and be resubmitted on the regular claim listing to be reviewed in
two weeks.
12-27-82
347
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
claim for Terrell's Office Machines In the amount of $481.66 be denied and that the remaining
claims be approved for payment as submitted. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner
Mathre and Mayor Stiff; those voting No being Commissioner Weaver.
I Authorize Mayor to sign - lease with Milwaukee Railroad - re public park (Lindley); authorize
payment of $200 per year
Assistant City Manager Barrick presented to the Commission a lease with the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company for a parcel of land which Is utilized as a
part of Lindley Park. The Assistant City Manager stated that this lease is the renewal of a
lease which has been maintained in the past and recommended that the Commission authorize
the Mayor to sign the lease and further authorize the annual payment of $200.00.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission authorize the Mayor to sign the lease with the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company and further authorize the payment of $200.00 per year for this
lea se . The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and
Mayor Stiff; those voting No, none.
Authorize Mayor to sign - Change Order No.5, Waste Water Treatment Plant, Phase I _
I $2,133.00 plus 19 days
Assistant City Manager Barrick presented to the Commission Change Order No. 5 from
Edsall Construction for the Waste Water Treatment Plant, Phase I, amending the contract price
in an additional amount of $2,133.00, plus extending the contract period 19 days.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission authorize the Mayor to sign Change Order No. 5 for Edsall Construction for the
Waste Water Treatment Plant, Phase I, amending the contract price in an additional amount of
$2,133.00, plus extending the contract period for 19 days. The motion carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver,
Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none.
Authorize Mayor to si~n - Change Order No. 2 - Waste Water Treatment Plant, Phase II,
Schedule I - $1, 170. 2
Assistant City Manager Barrick presented to the Commission Change Order No. 2 for
Johnston Excavating for the Waste Water Treatment Plant, Phase II, Schedule I, amending the
contract price in an additional amount of $1,170.24.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
I Commission authorize the Mayor to sign Change Order No. 2 for Johnston Excavating for the
Waste Water Treatment Plant, Phase II, Schedule 1, adding an amount of $1,170.24 to the
contract price. 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.
12-27-82
3 r' ')
.,4(1
Adjournment - 6:15 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be
adjou rned. 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
ALFRED M. ST IFF, Mayor
ATTEST:
Clerk of the Commission
I
I
12-27-82