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HomeMy WebLinkAbout1983-01-03 340 . v MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 3, 1983 ********************* The Commission of the City Commission met in regular session in the Commission Room, I Municipal Building, January 3, 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 Mathre. The minutes of the regular meeting of December 27, 1982, were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Discussion - 1982 Requests for Abatement of Bozeman City Assessments City Manager Evans presented to the Commission a list of the 1982 Requests for Abate- ment of Bozeman City Assessments, prepared by the Director of Finance, as follows: Type of Tax No. Name Property Description Amount Assessment Reason for Request 216 Estate of Tract 2, Lot 1 6, House vacant since Gerald Collier Beall's 1 st Addition $ 59.80 Garbage November 1980. No garbage collection. 336 Sadie Welton Lots 29 & 30, Block 7, House vacant. No Beall's 3rd Addition $ 26.85 Ga rbage garbage to be col- lected until June. 642 Rose Menzel Lots 21 & 22, Block 11, House vacant Aug/82 Butte Addition $ 6.90 Ga rbage through Nov/82. I 5093 Federal B Idg, All lots, Block A, Federal assessment Black's Addition $409.24 Sprinkling abated per 7-12-4173, M.C.A. Commissioner Vant Hull asked If the City has an option on abatement of taxes for fed- eral government agencies. Director of Finance Swan stated that she had not reviewed the original resolution of intent to create the sprinkling district. She also noted that she had reviewed action taken previous on this matter. In each of the past five years, the Commission has abated the assess- ment for the Federal Building for the sprinkling district. Mayor Stiff directed the Staff to review the State Statutes concerning abatement of taxes for a federal government agency and the resolutions for the sprinkling district to de- termine whether the City should abate the assessment, It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the abatement of garbage assessments for (1) the Estate of Gerald Collier; (2) Sadie Welton and (3) Rose Menzel as listed in the table above and defer action on the sprinkling district assessment for the Federal Building for a period of one week. 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. Update on status of pool blanket for the Bozeman Swim Center - City Manager I City Manager Evans Informed the Commission that he had talked to Mr. Dick Creed, who stated that the pool blanket is scheduled to be shipped on January 15, 1983. Mr, Creed further informed him that the Friends of the Pool have sufficient funds to pay for the blan- ket. Commissioner Vant Hull asked if installation of the pool blanket will coincide with the installation of the dehumidification equipment. Assistant City Manager Barrick stated that both items should be installed at approxi- mately the same time, if estimates of shipping time are accurate on both items. 01-03-83 .3 .~, Commissioner Anderson asked if information will be available for preparation of the budget for next fiscal year. City Manager Evans stated that data will be available by July for consideration when preparing the budget. Energy Corporation, Livln ston, Montana - re solid waste I City Manager Evans stated that he has negotiated by telephone with the gentleman desig- nated to negotiate for the Refuse Energy Corporation located at Livingston, Montana. The City Manager noted that it appears the Corporation's first proposal is also their last proposal, and they seem unwilling to negotiate. Commissioner Weaver noted two concerns: (1) the proposed City-County Refuse District, which would remove use of garbage from the City's jurisdiction; and (2) possible development of a local cogeneration facility or a thermal energy system powered by solid waste. Mayor Stiff noted concern that the City of Livingston may feel differently from the position the negotiator has taken. Commissioner Mathre noted that if the City of Livingston wishes to reopen the negotia- tion process, they are free to contact the City of Bozeman. Proposed letter to the Montana Department of Highways - traffic control - West Main Street City Manager Evans presented to the Commission a proposed letter directed to the State of Montana Department of Highways expressing concern about the lack of traffic control on West Main Street. He noted that Commissioner Vant Hull has also drafted a letter to the Department of Highways, for the Commission's consideration. Commissioner Vant Hull felt that the letter to be submitted to the State of Montana Department of Highways should be a strong letter to be effective. She also noted that the speed limit should be reduced along West Main Street as well as adding traffic control devices. Director of Public Service (Works) Holmes stated that the Highway Department will not I reduce speed zones or increase traffic signals or signs unless an engineering study proves that additional traffic control is warranted. He further suggested that the Commission re- quest once again that the Highway Department perform another study on traffic volume on West Main Street, after which the Commission could request that experts from the Helena office appear to conduct a public information meeting, At that time, the Commission and in- terested groups and citizens could listen to the presentation and could possibly express con- cerns. Commissioner Mathre asked what the people at Main Mall would prefer, since the inter- section of West Main Street and West College Street appears to be the most congested Inter- sect ion. Commissioner Anderson suggested inviting representatives of the Montana State Highway Department to conduct a public hearing in Bozeman to explain their position about installing a traffic control light at Main Mall. Director of Public Service (Works) Holmes stated that the owner of Main Mall would like reduced speed zones and a signal installed, which is what the City Commission has requested in the past. Mayor Stiff requested that Commissioner Vant Hull and City Manager Evans work together to prepare another draft letter for consideration at next week's Commission meeting. Acknowledge receipt of the Bozeman Transportation Plan City Manager Evans presented to the Commission the Bozeman Transportation Plan. I The City Manager recommended that the Commission acknowledge receipt of this Plan at this time and place it on a future agenda for discussion, after the Commission has had an oppor- tunity to review the Plan. Mayor Stiff noted that this Transportation Plan sets the priorities for street improve- ments in the future. 01-03-83 351 Commissioner Weaver stated that if the Commission does not feel that the list of pri- orities for Federal Aid Urban monies, that section of the plan should be addressed. Further, he noted appreciation that the bicycle pathway plan is addressed within the Transportation Plan. Director of Public Service (Works) Holmes noted that at the end of the Transportation Plan, two scenarios for funding are listed. He stated that the Commission must consider I those scenarios and determine which they wish to pursue. He noted that these two options include (1) use of Federal Aid Urban monies only for the projects or (2) the use of additional funding, which would shorten the length of time to complete the list of priorities. Mayor Stiff noted that a County gasoline tax does not require that the government has self-government powers. However, Gallatin County does not appear to be interested in the tax, Commissioner Mathre stated that currently the gasoline tax can be implemented only through the petition process and a vote of the people. The League of Cities and Towns is proposing to the Legislature that the governing bodies be given the power to place the gaso- line tax on the ballot without a petition. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the Bozeman Transportation Plan, and that the Plan be placed on a future agenda for discussion. 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. Acknowledge receipt of Management Letter from Coopers and Lybrand City Manager Evans presented to the Commission the Management Letter received from Coopers and Lybrand. He noted that the Audit Committee has reviewed the Management Letter at length and concurred in their recommendation that the Commission acknowledge receipt. Mayor Stiff noted that the Audit Committee had reviewed each individual line item in I the Management Letter with the City Manager and Director of Finance. He stated that the Audit Committee recommends that the Commission acknowledge receipt of the Management Letter and that the Commission engage Coopers and Lybrand for a completed audit of the Fiscal Year 1983 financial statements. The Audit Committee further considered the Staff's current work- load and the possible completion of work to receive the Municipal Finance Officers' Association Certificate of Compliance, which no other city in Montana has achieved. The Audit Committee realized that the current workload does not permit the time or resources to complete the work necessary to receive the MFOA Certificate of Compliance prior to the end of Fiscal Year 1983. They, therefore, recommended that the audit be completed without consideration of the MFOA Certificate. They did suggest that an attempt be made to complete the necessary work for possible receipt of the MFOA Certificate of Completion during Fiscal Year 1984. The Mayor further noted that the items listed in the Management Letter for improvement of management and accounting procedures have been totally taken care of or are currently being handled. He noted that the Director of Finance feels that the most important issues listed in the Management Letter involve the handling of City Court cash. Commissioner Vant Hull asked if a full-blown audit is necessary every year. She sug- gested that an audit be conducted every other year to save money. Mayor Stiff noted that the last audit covered two years of General Fund financial statements and one year of Water and Sewer Enterprise Funds. City Manager Evans noted that the Water and Sewer Enterprise Funds must be audited every year to meet the covenants of the bond issues. The State Law provides that the I General Fund may be audited every other year. Commissioner Vant Hull asked what benefits could be gained if an audit were performed on the Fiscal Year 1983 financial statements that could not be gained If the audit were to be conducted in two years. Mayor Stiff stated that the good audit this year has brought back credibility to the City. He noted that the accounting system is greatly improved, but it needs further improve- ment and the momentum has been established. He further noted that the audit opinions are 01-03-83 '" ,.; .).... on the balance sheet only and not on the operations. He feels that an audit covering every aspect is necessary before an every-other-year audit procedure is considered. Commissioner Weaver noted that in another year, the internal system may be strong enough to handle a one-year lapse between audits. He noted that to receive the full benefit of the City's investment with Coopers and Lybrand, one final audit and interaction with Coopers is necessary. He further noted that if the City can achieve the MFOA Certificate of Completion, it will be a great achievement; and the City can then determine whether to have I annual audits or biennial audits. Director of Finance Swan stated that all audits contain a Management Letter. She noted that no accounting system is so good that an accountant or auditor will not see something that can be improved. She stated that the Management Letter also eliminates the possibility of a malpractice suit. The Director of Finance noted that the topics listed in the Management Letter will change from year to year as improvements are made, but changes will always be suggested as the result of an audit. Director of Finance Swan also noted that, for the first time in fifteen years, the fi- nancial statements could verify assets and Ilablllties. She also noted that the City now has the base information so that the operations can be audited. This has not been possible in the past, and she would like to have an audit conducted on the operations so that improvements can be made In that area also. She stated that to wait two years for an operations review would probably cost the City more than if an audit Is done this coming year. She noted that with a basis this year, the audit will take less time because the City will not be trying to rebuild records that were not kept due to lack of knowledge. Mayor Stiff noted that the City has not had solid figures from which to project reve- nues and expenditures. He also noted that an analysis of the City's reserves has not been possible because information has not been available. The City is now reaching a point where that analysis will be possible. He further noted that the City has implemented the procedures necessary for good accounting practices; and has the necessary personnel in place to build the system. I City Manager Evans stated that he would prefer having a full-blown audit at the end of Fiscal Year 1983. He noted there are still areas for improvement, and he would prefer to have a critique of the accounting system so that the City has a basis from which to improve its system. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the Management Letter for Fiscal Year 1982 from Coopers and Lybrand. 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. Acknowledge receipt of proposal for audit of financial statements for Fiscal Year 1983 - Coopers and Lybrand City Manager Evans presented to the Commission the proposal submitted by Coopers and Lybrand for audit of financial statements for the Fiscal Year 1983, City Manager Evans recommended that the Commission acknowledge receipt and accept this proposal. He noted that this item had been considered during the previous discussion. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge receipt of the proposal for audit of financial statements for Fiscal Year 1983 received from Coopers and Lybrand, at an estimated cost of $39,500 to $41,900 plus out-of-pocket expenses not to exceed $8,500.00; and engage Coopers and Lybrand to perform the audit for Fiscal Year 1983, to include all financial statements but not to include an MFOA I Certificate of Compliance. 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. Appointments to Band Board Mayor Stiff stated that Charles Lacey has submitted a letter requesting replacement on the Band Board. Mr. Charles McGuire has completed an application form to be appointed to 01-03-83 353 this vacancy. Mr. Rolf Johnson has indicated a willingness to continue serving. The Mayor then recommended that Mr. Charles McGuire and Mr. Rolf Johnson be appointed to the Band Board for a three-year term to expire on December 31, 1985. Commissioner Anderson asked if the openings had been advertised in the newspaper. She feels that all openings should be advertised. Mayor Stiff stated that the openings have not been advertised. However, each person I currently serving on a board whose term expired was sent a letter and application form, which they filled out if they wished to serve again. The Mayor noted that on ly two positions have been vacated, and good applicants are available for both positions. Commissioner Vant Hull also noted that the openings on boards and commissions should be advertised. She also noted that Section 7-3-312, M.C.A., lists three options for selection of board and commission members. She asked which method applies to the City. Commissioner Mathre stated that when the election was held in 1976, the form of appoint- ments to boards and commissions was chosen, The form adopted by the City of Bozeman was that the Commission appoints members of the various boards and commissions. Commissioner Weaver noted that an application form has been adopted; an application pool has been formed; and good applications have been received. He further noted that the Mayor recommends those to be appointed, and the Commission votes on the recommendation. Mayor Stiff directed the Clerk of the Commission to review the minutes of past meet- ings to determine the policy established for appointments to boards and commissions and fur- ther directed her to publish a notice in the newspaper, with a deadline for applications of January 21, 1983. This item will be placed back on the agenda next week for discussion of the policy for appointments and on the agenda for January 24, 1983 for appointments to the various boards and commissions. Appointments to Board of Adjustment This item will be placed on the agenda for January 24, 1983, pursuant to the discussion I listed under Appointments to Band Board. Appointments to Cemetery Board This item will be placed on the agenda for January 24, 1983, pursuant to the discussion listed under Appointments to Band Board. Appointments to City-County Planning Board This item will be placed on the agenda for January 24, 1983, pursuant to the discussion listed under Appointments to Band Board. Appointments to Community Recreation Board This item will be placed on the agenda for January 24, 1983, pursuant to the discussion listed under Appointments to Band Board. Appointments to Zoning Commission This item will be placed on the agenda for January 24, 1983, pursuant to the discuss- ion listed under Appointments to Band Board. Continued discussion - procedures re sidewalk snow removal City Manager Evans stated concern with the billing of administrative costs in addition to actual costs for the removal of snow on residential sidewalks. He recommended that the I City proceed with a snow removal policy, utilizing the $17.24 per hour figure submitted at the previous meeting until information has been gathered to establish administrative costs involved. The City Manager stated that the possibility of citing people into City Court for failure to remove snow from their sidewalks exists and noted that he feels that approach should be taken prior to removal of snow by the City. The City Manager also noted that the City does not have the manpower to provide a snow removal program and stated that it might be necessary to utilize a private contractor to 01-03-83 1.) .( remove the snow. He stated that private contractors have submitted estimates of $10.00 to $20.00, depending upon the difficulty of the snow removal. City Manager Evans further noted that the Bozeman Municipal Code allows the City Engineer to keep track of the costs involved in snow removal and that the assessment may be made on the regular assessment bill which is sent at the end of October. He also noted that the Code provides for a 6 percent interest rate to be included from the time the service is rendered until the bill has been sent. The City Manager then recommended that the Commis- I sion authorize the City staff to proceed with the sidewalk snow removal plan as submitted, using the $17.24 figure as a basis for billing if the City must remove the snow from a resi- dent's sidewalk, Commissioner Vant Hull once again noted concern that the administrative costs are not included in the figure to be used as a basis for billing, She also feels that a minimum amount should be set. Mayor Stiff suggested that the penalty system be utilized initially and that a private contractor be utilized if it becomes necessary to remove the snow. City Manager Evans stated that the ordinance would have to be revised so that the City could charge more than actual expenses. Commissioner Vant Hull suggested that the ordinance be revised so that it is more work- able. Commissioner Mathre stated that most people assume that if the City performs a service, It will cost more than if a private person performs the same service. She stated that people will probably do everything in their power to keep the City from cleaning the sidewalks if they feel they can perform the work or hire it done for less money than the City would charge. City Attorney Crumbaker-Smith stated that if a person is cited into City Court for failure to clean his/her sidewalk, the City Judge will determine the fine. She noted that the citation could be written by a pollee officer, or a request for prosecution could be Issued through the Director of Public Service (Works) office with a complaint drawn up by the City I Attorney's office. Commissioner Mathre expressed support of the proposed plan for sidewalk snow removal and requested that the plan be implemented. City Manager Evans stated that the City Staff will review the validity of fixing a min- imum charge for snow removal. Review of upcoming Commission travel and meetings - Mayor Stiff City Manager Evans stated that the Mayor had requested that a review and discussion of upcoming Commission travel and meetings be placed on the agenda. Mayor Stiff stated that Montana State University has indicated a willingness to conduct an In-house seminar and review of budgeting processes. He noted this could possibly be con- ducted through the Montana League of Cities and Towns. The possibility of a one-day seminar just prior to the League of Cities convention in October is being considered. The Mayor stated that the interchange from other communities might be helpful. He also suggested the possibility of forming a Budget Committee to review various budgets and budgeting processes. He noted that this committee would function much the same as the Audit Committee currently functions. The Mayor also stated that the National League of Cities mid-year retreat will be held in Washington, D.C. on March 5-8, 1983. Commissioner Mathre stated that she has heard the mid-year retreat Is as good as or better than the annual convention. She noted that the local government representatives speak I with the Legislators, and it seems to be a productive session. Following a brief discussion, the Mayor requested that discussion about formation of a Budget Committee, discussion on Commission attendance at the National League of Cities mid- year retreat In Washington, D. C., and a report on conduct of a seminar on budgeting processes at the Montana League of Cities and Towns Convention be placed on next week's agenda. 01-03-83 355 Recess - 6:05 p.m. Mayor Stiff declared a recess at 6:05 p.m., to reconvene at 7:00 p.m. for conducting the scheduled public hearings and completion of regular business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the I scheduled public hearings and completion of regular business items. 18.69.240, Water Course This was the time and place set for the continued public hearing on the Zone Code Amendment requested by the Planning Staff to add Section 18.69.240, Water Course Setbacks, to Chapter 18.69, and to add Section 18.06.625 to Chapter 18.06. City Manager Evans rec- ommended that the Mayor open the public hearing and continue It for a period of two weeks. Mayor Stiff opened the continued public hearing. No one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Stiff continued the public hearing to January 17, 1983. zonmg This was the time and place set for the public hearing on the Zone Code Amendment requested by Gene Cook to amend Chapter 18.72.150 to allow radio and television broadcast stations to be listed as Conditional Uses in B-2 "Community Highway Business" District. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. He noted that the applicant has indicated that space is not available in the AS, Agricultural-Suburban, or B-3, Central I Business, Districts for construction of a radio or television broadcast station. These are the only two zones in which such uses are currently allowed. The Planning Director stated that this requested Zone Code Amendment would not alter the height restrictions within the B-2 District, so no towers, antennas or structures could be more than 32 feet in height. The Planning Director stated that the Zoning Commission recommended approval of the Zone Code Amendment. No one was present to speak in support of or in opposition to the granting of the Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearin Change Chapters 18.75.040 and 18.84.050 to allow more par 109 eve opments an Increase par 109 reqUIrements or town houses This was the time and place set for the public hearing on the Zone Code Amendment requested by the Planning Staff to change Chapters 18.75.040 and 18.84.050 of the Zoning Ordinance to allow more parking flexibility In Planned Unit Developments and to increase the parking requirements for townhouses. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. He stated that the Zone Code currently requires two parking spaces per townhouse and 2* spaces per condominium. This Zone Code Amendment would require 2i parking space per townhouse or condominium. The I Amendment would also allow parking in driveway areas in front of garages for condominium units. In condominium developments, a homeowners association would be required, and the driveway would then be occupant controlled, even though it Is considered a part of the common property. The Zoning Commission recommended approval of the requested Zone Code Amendment. Commissioner Vant Hull asked if less parking should be considered for condominium and townhouse developments which are specifically built for senior citizens. 01-03-83 ""' ") ,,,' Planning Director Moss stated that less parking could be required if the development were strictly inhabited by senior citizens. Commissioner Mathre noted that it is difficult to restrict a development for only one group of people, as that infringes on the rights of others. No one was present to speak in support of or in opposition to the granting of the re- quested Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. I Public hearing - Zone Code Amendment - Change Chapters 18.33.080 and 18.72.150 to remove CliniCS, hospitals and nursing homes as permitted uses In R-q zonlnq and medical offices as conditional uses IS R-3 zoning This was the time and place set for the public hearing on the Zone Code Amendment to change Section 18.33.080, to remove clinics, hospitals and nursing homes from the listed permitted uses in the R-4 Zoning Districts, and Section 18.72.150, to remove medical offices as a conditional use in R-3 Zoning Districts. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. He noted that medical offices are allowed in the R-O and B-3 Zoning Districts. Also, the PLI, Public Lands and I nstitu- tions, District is provided especially for hospitals and Institutional uses. The Planning Director stated that two problems are associated with the location of medical offices and hos- pitals in residential districts (1) they detract from the character of a residential area and (2) they are a conflicting activity because of the increased traffic they cause on local streets. The Planning Director stated that the Zoning Commission had requested that the Plan- ning Staff research the proposed Zone Code Amendment several months ago. The Staff has been busy on other projects and had time to research this request just recently. He noted that the timing for the Zone Code Amendment Is bad and stated that action on the matter can be deferred or a decision to reject the proposal can be made at this time, and the item can again be considered in the future. He stated that the Zoning Commission has recommended I denial of the Zone Code Amendment. Planning Director Moss also stated that he has recommended to the hospital adminis- tration that they consider a request for rezoning from R-3 and R-4 to PLI for the area which they feel reasonable for expansion within the next few years. He noted that this would eli- minate the possibility of other incompatible uses being placed on property onto which the hos- pital and medical community may wish to expand in the near future. Commissioner Weaver noted that the R-3 and R-4 zones have a height restriction of 32 feet. The PLI zone has no height restriction attached. He noted that rezoning may help when the hospital considers building because they may wish to build a higher structure than would be allowed in the R-3 or R-4 zones. Mr. Fred Nelson, Lindley Place, stated that allowing medical facilities in the R-3 and R-4 zones can create problems in various areas of the city. He noted that the area around the present location of the hospital has been developed Into a medical area, even though much of the area is zoned R-3 and R-4. Mr. Nelson stated that the Zone Code Amendment has a lot of merit, but the timing is bad. He would like to see this proposal resubmitted after the hospital reached a decision on its location. However, he would like to see the R-3 and R-4 zones separated, rather than considered jointly. Mr. Don Nell, Medical Arts Building Manager, stated support for the Zoning Commission's recommendation for denial of the Zone Code Amendment. He noted that along with the hospital expansion, the medical community must expand its office buildings. He noted that the owner of the Medical Arts Building also owns more land in the immediate area, onto which he has I intended to expand. Dr. Dick Ritter, Trustee of the Bozeman Deaconess Hospital and retired dentist, stated that adoption of the Zone Code Amendment is not in the best Interests of the hospital. He noted that the City Staff had suggested that the hospital review the possiblllty of expanding to the east rather than the west due to utility lines located in Willson Avenue. Dr. Ritter stated that a telephone cable is burled In Tracy Avenue, but it will not cost as much to move 01-03-83 357 that cable as the utilities in Willson Avenue. Dr. Ritter stated that the establishment of a hospital corridor may alleviate the zoning problems currently being faced. Dr. Ritter also noted that if the hospital makes a commitment to stay in the downtown area now, it will be a long-term commitment and should be viewed as such. He also noted that the hospital should consider purchasing houses and land in the area when they are put on the market for sale so that they have property onto which to expand when that expansion becomes necessary. I Dr. Peter Townes, physician, stated opposition to the proposed Zone Code Amendment. He noted that the Planning Commission for the hospital viewed the proposed Amendment harshly and is considering other locations upon which to build. He further noted that much of the area which is currently zoned R-3 and R-4 around the hospital will probably be bought for use as medical facilities in the future. This will help to eliminate the incompatible uses of residential and medical facilities in that area. Mr. Jim Williams, Assistant Administrator of the Hospital, encouraged the Commission to deny the Zone Code Amendment or to table action until the hospital has reached a decision. He noted that he hopes to have all of the information ready by January 15, 1983, for the Certificate of Need. A decision on this Zone Code Amendment would be appreciated, although it is not necessary. Mayor Stiff closed the public hearing, It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that, due to the lack of testimony in opposition to the Zoning Commission's recommendation and due to the fact that the Hospital must continue its planning for expansion and construction, includ- ing deadline dates in the near future, the Commission waive the customary one-week interval prior to a decision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Mathre. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the requested Zone Code Amendment to change Section 18.33.020 to I remove clinics, hospital and nursing homes from the listed permitted uses in the R-4 Zoning District, and to change Section 18.72.150 to removal medical offices as a conditional use in the R-4 Zoning District. 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. Loose end items from 1982 - input from Commissioners Mayor Stiff submitted the following loose end items: (1) cable television franchising; (2) agreement with Livingston for garbage; (3) pool inter-local agreement; (4) West Main traffic control; (5) Management Letter (which the Audit Committee has now reviewed and the Commission has acted upon earlier today); (6) Commission agenda format (which will be ad- dressed later in the meeting); (7) Incentive awards program; and (8) the Bozeman Municipal Code Book. Commissioner Anderson added (1) air quality situation in connection with County Com- mission, and possible consideration of wood pelletization; (2) water Inventory, including sur- face water, dams, replacement time and ground water quality, to be considered with adoption of the Master Plan; and (3) signing for the bicycle pathway. Commissioner Mathre listed (1) energy, only. She noted that the Commission had bud- geted funds for an Energy Planner. She noted that energy expenditures are second only to personnel expenditures. She suggested implementation of suggested changes and asked what else needs to be done. Energy audits may need to be completed, as well as technical assis- I tance studies. She noted the possibility of placing a generator in the water pipe. She sug- gested that if not enough work is available to keep an Energy Planner busy, the monies be rebudgeted to more retrofitting or other energy conservation measures. Once the pool blanket and dehumidification equipment are Installed, she wants to make sure the insulation is dry and effective. Commissioner Weaver stated that (1) he would like a status report on what has been accomplished and estimated savings realized prior to budgeting process; and (2) status report on the Milwaukee Railroad right of way. 01-03-83 ~r.l Commissioner Vant Hull listed (1) energy savings, Including lighting and doors being closed rather than allowed to remain open, and implementation of energy alerts, with one per- son in each building responsible, with a possible energy savings Incentive program; (2) raf- fles placed in automatic housekeeping items; (3) capital expenditures and priorities budget, for five-year and ten-year projections; (4) air quality presentation by City-County Health Board; (5) study of Bozeman Transportation Plan; and (6) cable television. These items will be placed on the agenda for future discussion after the Staff has time I to review the Items and perform necessary research. Review of agenda items for Saturday, January 8, 1983 meeting - Mayor Stiff Mayor Stiff noted that tentative items for discussion at the January 8, 1983 meeting include (1) analysis of City reserves, including review of cash flow and determining how much reserve should be established; (2) review of cable television Information with Commis- sioner Mathre and (3) presentation on hook-up charges by Commissioner Weaver. City Manager Evans stated that he is not sure Director of Finance Swan could be pre- pared for a comprehensive study of the balance sheet of June 30, 1982, including review and discussion on the City reserves. Commissioner Anderson stated that she feels that the Master Plan wlll take longer than anticipated. Following a discussion, Mayor Stiff stated that the agenda for the Saturday, January 8, 1983 meeting will Include (1) discussion of the Master Plan; (2) review of cable television Information with Commissioner Mathre and (3) presentation on hook-up charges by Commissioner Weaver. !>iscussion - agenda format Mayor Stiff stated that the Commission has had long meetings during the past year. He noted that the previous City Manager had submitted his "Memorandum and Comments regarding Various Agenda Items" in the Commissioners' packets of information each week. These memoran- I dums had contained background information and the City Manager's recommendation on each item. He noted that the present City Manager does not present background information and a recommendation in the packet each week; but items are being placed on the agenda without background Information being submitted. He further stated that the Commission is debating issues, and the City Manager is giving recommendations following the discussions. The Mayor noted that this is management by Commission confusion, and is costing time. City Manager Evans stated that he will not furnish a memo to the Commission each week. He further noted that the Montana Code Annotated states that the City Mal')ager may make a recommendation. Mayor Stiff stated that the City Manager will furnish a memo if the Commission tells him to. The City Manager responded that is correct. The Mayor also feels the Commission is entitled to any information that would expedite the process. Commissioner Mathre noted that the Commission frequently gets letters or reports rather than a memorandum from the City Manager. She noted that these provide the background informa- tion that was provided through the City Manager's memorandum In the past. Mayor Stiff stated that it would be helpful to know the City Manager's recommendation prior to the meeting. Commissioner Vant Hull noted that If the City Manager has information on an item that has not been presented in a letter or other background information, he could possibly write a I few short paragraphs to transmit that information to the Commission in their packets on Friday evening. City Manager Evans noted once again that he will not furnish a written recommendation on Friday evening. Commissioner Mathre stated that the City Manager's information would not necessarily have to contain a recommendation. She noted that the background Information is what is im- portant. 01-03-83 359 Mayor Stiff noted that it is important to know everything possible about each and every item on the agenda and how the City Staff feels about the matter. Commissioner Vant Hull stated that sometimes a listing on the agenda can be mystifying if no additional information is submitted. She feels that if the City Staff has information, it can be distributed to the Commission in advance. Commissioner Anderson noted that during the past year, clarity around an issue has I come from discussion. She stated that matters have not been judged in advance because all of the information has been presented and discussed at the same time. Commissioner Weaver stated that he would be more comfortable with the issue being dis- cussed If he felt that the Commission was groping toward a communication process and clarity in decision-making. However, the climate suggests other purposes. Commissioner Weaver further stated that a natural tension exists between the legislative, executive and judicial branches of government. He noted that this tension is difficult when the City Manager is appointed by the legislative branch rather than being elected. He stated that the legislative branch should demand information from the executive branch that is important in the decision- making process. He further noted that the executive branch may state a recommendation if it feels that a certain request should not be granted. He further noted that this item as listed suggests a discussion about the agenda format, but actually appears to be an attack on manage- ment. Commissioner Weaver noted that the request for additional information on agenda items is a valid request. Commissioner Anderson noted that additional Information should be submitted to the Commission on issues, as the City Manager deems necessary. Authorize Mayor to sign - Escrow Agreement with Harris Trust and Savings Bank, Chicago _ for defeasance of 1974 Issue Water Revenue Bonds City Manager Evans presented to the Commission an Escrow Agreement with Harris Trust and Savings Bank, Chicago, for defeasance of the 1974 Issue Water Revenue Bonds. City I Manager Evans noted that this is necessary to payoff the 1974 Issue Water Revenue Bonds in compliance with the covenants of the new Water System Revenue Bond Issue. He then recommend- ed that the Mayor be authorized to sign this Escrow Agreement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Escrow Agreement with Harris Trust and Savings Bank, Chicago, for defeasance of the 1974 Issue Water Revenue Bonds. 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. Authorize Mayor to sign - Contract Documents for Group I, Schedules I, II and II I of Water Improvements City Manager Evans presented to the Commission the Contract Documents for Group I, Schedule I, Sourdough Transmission Main; Schedule II, Oak Street Trunk Main; and Schedule III, Sourdough Creek Supply Line, of the Water System Improvements for the City of Bozeman. City Manager Evans stated that these Contract Documents have been reviewed by the City Attorney, and she has found them to be in proper form. The City Manager then recommended that the Commission authorize and direct the Mayor and the Clerk of the Commission to sign these Contract Documents, It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the I Contract Documents for Group I, Schedules I, II and III of the Water System Improvements for the City of Bozeman. 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. Adjournment - 9: 05 p. m. There being no further business to come before the Commission at this time, it was 01-03-83 -;. ~ ....' ~ ,,,. moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad jou rned . 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. ALFRED M. STIFF, Mayor I ATTEST: Clerk of the Commission I 01-03-83 I