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HomeMy WebLinkAbout1983-01-10 361 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 10, 1983 ********************** The Commission of the City Commission met in regular session in the Commission Room, I Municipal Building, January 10, 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 regular meeting of January 3, 1983, were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Mayor Stiff stated that Lieutenant Governor George Turman is conducting meetings on Friday afternoons from 3: 00 to 5: 00 p. m. during the Legislative session. These meetings are with representatives of local governments around the State, and the Mayor feels that the City of Bozeman should be represented at as many of these meetings as possible. He requested that any Commissioner who is able to attend any certain Friday meeting contact City Manager Evans so that he may coordinate City representation. Open bids - Water System Improvements - replace crossin East Gallatin River, Bozeman, ontana This was the time and place set for the opening of the bids for the Water System Improvements to replace the water line crossing under the East Gallatin River at Bozeman, Montana. I The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant 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. The following bids were then opened and read: Contractor License No. Bid Security Total Base Bid Engineer's Estimate $27,560.00 Tom Roe and Son Construction 3519A 10% Bond $41,684.20 Big Timber, Montana Mark Story Construction 4911 A 10% Bond $35,294.85 Bozeman, Montana Underground Construction 4108A 10% Bond $21,720.00 Bozeman, Montana White-McNeil Excavating, Inc. 4766A 10% Bond $26,615.50 Bozeman, Montana City Manager Evans recommended that the bids be referred to the City Staff for review and a recommendation to be submitted for next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the bids be referred to the City Staff for review and a recommendation be submitted for next week's meeting. 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. 01-10~83 36::: Award bid - Edsall Construction - Water System Improvements - Project Group III, Schedule II - $1,076,000 City Manager Evans noted that the bids for the Water System Improvements, Project Groups I and III, were opened on November 22, 1982, with all bids being awarded on November 29, 1982 with the exception of Group III, Schedule II. The City Manager concurred in the Staff's recommendation that the bid be awarded to Edsall Construction Company, Bozeman, Montana, in the amount of $1,076,000.00, with the City of Bozeman reserving the right to I require metering equipment to conform to specifications. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the bid for the Water System Improvements, Project Group III, Schedule II, be awarded to Edsall Construction in the amount of $1,076,000.00, it being the lowest and best bid, and that the City of Bozeman reserve the right to require metering equipment to conform to specifications. 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. Decision - Zone Code Amendment - Gene Cook - Amend Chapter 18.72.150 by adding electrical substations, radio and television stations as Conditional Uses in B-2 zoning This was the time and place set for a decision on the Zone Code Amendment requested by Gene Cook to amend Chapter 18.72.150 of the Zoning Ordinance to allow radio and television broadcast stations to be listed as Conditional Uses in the B-2 "Community Highway Business" District. City Manager Evans noted that the Zoning Commission had recommended approval of the requested Zone Code Amendment, and concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Comm ission approve the Zone Code Amendment requested by Gene Cook to amend Chapter 18.72. 150 of the Zoning Ordinance to allow radio and television broadcast stations to be listed as Conditional Uses in the B-2 "Community Highway Business" District. The motion carried by I 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. Decision - Zone Code Amendment - change Chapters 18.75.040 and 18.84.050 to allow more parking flexibility in Planned Unit Developments and increase parking requirements for town- houses This was the time and place set for a decision on the Zone Code Amendment requested by the City-County Planning Board 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. City Manager Evans noted that the Zoning Commission had recommended approval of this requested Zone Code Amendment, and concurred in that recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment to change Chapters 18.75.040 and 18.84.050 to allow more parking flexibility in Planned Unit Developments and to increase the parking re- quirements for townhouses. 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. Public Officials Liability - presentation by Gordon Elder, Waite and Company I Mr. Gordon Elder, the City's insurance agent through Waite and Company, presented to the Commission a report on the City's current Public Officials Liability insurance policy. He noted that there are generally three kinds of liability coverage (1) for bodily injury and property damage, (2) for personal liability, and (3) for breach of duty. Mr. Elder noted that the Public Officials Liability insurance coverage involves the latter of the three types I isted above and covers any official, employee or member of the Commission. 01-10-83 363 Mr. Elder stated that the current City policy limits are $300,000.00 total per claim and $300,000.00 aggregate total per year, jointly and severally. Each claim has a $2,500.00 deductible. This policy applies to both defense and judgment. Mr. Elder stated that he has spoken with the City Manager and Di rector of Finance about the possibility of increasing the City's coverage to include an umbrella policy in the amount of $1,000,000.00 or $5,000,000.00. If the umbrella policy is purchased, the City will I also have to increase the Public Officials Liability to $500,000.00. The current premium for the Public Officials Liability insurance is $4,752.00 annually. I f the pol icy is increase to $500,000.00, it would cost an additional $450.00; a $1,000,000.00 umbrella policy would cost an additional $4,000.00; and a $5,000,000.00 umbrella policy would cost an additional $8,000.00 per year. Mr. Elder stated that the policy does not cover actions arising from condemnation laws and rules. He noted that if a body has authority to condemn by law, the insurance does not cover that body's actions. Mayor Stiff asked how long the City has carried the current level of coverage. Mr. Elder stated that the City has not changed its level of coverage for at least seven years. He feels that the level of coverage should be higher than it is currently. Commissioner Mathre noted that she has a copy of the Public Officials Liability insur- ance that shows an expiration date of March 1983 and indicates that the City has a per occurrence coverage of $250,000.00 and an aggregate total per year of $1,000,000.00. Mr. Elder reviewed the policy and stated that Waite and Company has changed insurance carriers since the time that policy was issued and that the coverages were changed to $300,000.00 per claim and $300,000.00 total aggregate for the year at that time. Commissioner Anderson noted that the difference between the current premium and the premium for maximum coverage is very small when compared to the possible judgment tax that could be imposed on Bozeman residents if someone were to file suit against the City in an amount larger than $300,000.00 and wi n. I Mayor Stiff stated that the City needs to increase its coverage on the Publ ic Officials Liability policy. He noted that more judgments are being handed down now than there were several years ago. He then asked Mr. Elder what the suggested coverage would be. Mr. Elder noted that increased insurance coverage was suggested in the audit. He stated that an umbrella policy should be considered. He noted that municipalities are not subject to lawsuits in an amount greater than $1,000,000.00; however a City could have more than one lawsuit filed within a year's period. Commissioner Vant Hull suggested that the Public Officials Liability insurance be bid, rather than simply using one company's figures. City Manager Evans stated that the I nternational City Management Association has con- tracted with a firm to complete a survey of risk management for various sized cities. He noted that information from this survey may not be available in time for review prior to re- newal of the policy, which is due in March. He further noted that an uninterested insurance expert would need to become involved in writing specifications for a bidding process, which would also take time. The City Manager stated that he is a firm believer in the bid process, but he does not feel there is adequate time to develop the necessary information, call for bids, and open, analyze and award bids prior to the expiration date of the current policy. Mayor Stiff feels that the $1,000,000.00 coverage should be implemented prior to the premium date. He also noted that review of insurance coverages should be a part of risk management in the future. Mr. Gordon Elder stated that approximately twenty years ago, a public all iance com- I mittee was formed within the independent insurance agencies. He noted that insurance agen- cies were selected at that time to service the various public entities in the immediate area. He stated that the people involved in the public alliance keep each other abreast of changes in insurance premiums and coverages for the various clients. He noted that they have an exchange of ideas; and what the City currently receives from its insurance agent is not just one person's opinion. Mr. Elder stated that development of a risk management pro- gram is an excellent idea. He noted that the insurance policies and coverages of the City 01-10-83 3b '.: were developed several years ago and have continued because no one has taken the time to review them and propose changes. Commissioner Weaver asked if an insurance policy could be written for a period less than one year. Mr. Elder stated that a policy can be written for a period less than one year. He suggested, however, that the City renew the pol icy for a one-year period. If the policy is terminated prior to the expiration date, he stated that a cancellation charge of eight to ten I percent would be made. However, if a new policy is requested with the same insurance carrier, the remaining premium would be transferred to the new policy with no cancellation penalty on the old pol icy. City Manager Evans stated that it would seem reasonable to renew the policy for a one-year period, with the idea of reviewing the policy and completing a bid process in approximately six months. He then recommended that the City Commission approve the renewal of the insurance policy, with an increase in the coverage of the Public Officials Liability pol icy. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the renewal of the Public Officials Liability insurance policy for a one- year period, and re-establ ish the coverage protection at $500,000.00 for the base pol icy and add an umbrella policy in the amount of $5,000,000.00; and that the Commission consider re- view of the coverage within six months with the possibility of calling for bids for future insurance coverage. 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. Report on Milwaukee Railroad right of way - J. Robert Planalp Mr. J. Robert Planalp, former City Attorney, stated that the City should succeed in acquiring the Milwaukee Railroad right of way in the near future. Judge Lessley approved the petition for settlement of the Milwaukee Railroad right of way during the last week of I December. Because the City did not participate in the class action, the order does not approve the City's offer to settle, but it does recognize the offer. Mr. John Scully, Attor- ney for the class, feels that the City should be in a position to purchase the right of way around the end of this month. The City must have a check in the approximate amount of $10,000.00 prepared to deposit with the District Court. The City will receive deeds from the trustee of the bankruptcy, at which time the money will transfer to the trustee of the bank- ruptcy. Mr. Planalp stated that either Mr. Scully or the City can contact adjacent property owners to see if they are willing to purchase a portion of the right of way from the City when the settlement is complete. He recommended that the City contact the adjacent property owners. He further noted that the approximate cost to the property owner would be $1.00 per linear foot. That figure may be slightly less or more, depending on the exact length of the right of way that the City purchases. The revenue generated from the sale of a portion of the right of way will be approximately $10,000.00. He also indicated that another hearing has been scheduled at the end of January. Commissioner Anderson asked if the monies for purchase of the land are currently in the Parkland Trust Fund. City Manager Evans stated that the City has sufficient monies in the Parkland Trust Fund to acquire this right of way. He feels that the Commission had previously taken action to obligate a portion of the Fund for this land acquisition and stated that the Staff will re- search the minutes. I Mayor Stiff asked if the monies received from the sale of a portion of the right of way could be placed back into the Parkland Trust Fund rather than into the General Fund. Mr. Planalp stated that he would foresee no problem in returning the monies to the Parkland Trust Fund. Bob then requested that the Commission authorize the City Staff to proceed along the current timetable and the appropriation of the monies, and instruct and direct the City Staff or the Committee which was formed to work on the acquisition of the 01-10-83 365 right of way to contact the property owners to see if they are interested in purchasing a portion of the right of way. Commissioner Weaver requested that the Staff submit a recommendation on the method to be used in calculating the exact amount to be charged each property owner who wishes to purchase a portion of the right of way. Commissioner Anderson asked how long it would take to make initial contact with the I property owners to see if they would be wi !ling to purchase a portion of the right of way adjacent to their property. Mr. Erhardt Hehn, member of the Committee to research the purchase of the right of way t stated that the majority of the initial inquiry was completed in one week. He noted that the Committee has not taken any action recently because they were unsure of the City's position. City Manager Evans requested that discussion of the appropriation of monies for the purchase of the Milwaukee Railroad right of way be placed on next week's agenda to allow the Staff time to research past Commission action on the matter. He also requested a longer period of time to develop a method of calculating the amount to be charged per linear foot to those property owners wishing to purchase a portion of the right of way. Discussion - Federal Building - 1982 Request for Abatement of Bozeman City Assessments City Manager Evans stated that discussion on the abatement of the 1982 sprinkling assessment for the Federal Building in the amount of $409.24 had been continued from last week's meeting. The City Manager then presented to the Commission a memorandum from the City Attorney indicating that Section 7-12-4173, Montana Code Annotated, prohibits the City from assessing Federal government property for special improvement district assessments. The City Manager then concurred in the recommendation of City Attorney Crumbaker-Smith that the Commission abate the Federal Building's assessment for Sprinkling District No. 8 in the amou nt of $409.24. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission abate the $409.24 assessment for Sprinkling District No.8 for the Federal Building, located on all lots, Block A, Black's Addition. 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. Proposed letter to the Montana Department of Highways - traffic control - West Main Street City Manager Evans stated that he and Commissioner Vant Hull had met during the week, as instructed by the Commission at last week's meeting, and had prepared another draft letter for the Commission to review. The City Manager recommended that if the Commission concurs with the letter, they authorize and direct that the letter be signed and forwarded to the State of Montana Department of Highways. Commissioner Anderson noted that the letter is better than the previous draft sub- mitted to the Commission. She did feel that a few grammatical changes should be made prior to signing and sending the letter. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize signing and sending a letter to the State of Montana Department of Highways, requesting installation of traffic signals and lower speed limits on West Main Street/U.S. Highway 191, following minor grammatical changes. 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, I none. Information item - memorandum regarding lighting at work stations in City Hall City Manager Evans stated that he had requested that a Building I nspector use a light meter to check the lighting at each work station in City Hall. The City Manager stated that the information submitted indicates that some work stations have sufficient light while others have inadequate lighting for close work. He further noted that there are laws applying to 01-10-83 ,.. ,,, ,iu the public safety and welfare of employees, which he feels can apply to an employee's eye- sight. The City Manager stated that in areas such as hallways the light can be reduced to the minimum safety standard. Commissioner Vant Hull noted that the lighting at her work area in the Commission Room is inadequate according to the lighting standards listed, but she feels she has more than adequate light. Commissioner Mathre noted that the lighting standards for this study were developed I by Westinghouse. It has been suggested that lighting industry standards are set so that the lighting industry can look out for itself, and they might actually create overlighting. Assistant City Manager Barrick stated that he would research the matter further and try to find additional lighting standards. Commissioner Mathre and Commissioner Weaver indicated that additional research would not be necessary. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the City Staff be directed to remove the bulbs from the light in the northeast corner of the Com- mission Room, immediately above and to her right. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver. Scheduled seminar for the City Commission - Wednesday, January 12, 1983, 7: 30 to 9: 30 p. m. - personnel evaluation and communication - Larry Sprecher of Public Management Associates, Beaverton, Oregon City Manager Evans stated that a seminar has been scheduled for the City Commission on Wednesday, January 12, 1983, from 7:30 to 9:30 p.m. Mr. Larry Sprecher, Public Management Associates in Beaverton, Oregon, will conduct the seminar and will cover the topics of per- sonnel evaluation and communication. The City Manager noted that Mr. Sprecher will also conduct management training sessions on Thursday and Friday, January 13 and 14, 1983, for management level City employees. I Discussion - file/reference material space and secretarial service for the Low Income Housing Committee - Commissioner Anderson Commissioner Anderson noted that at the meeting held on December 27, 1982, the City Commission voted to approve the expenditure of $200.00 on various expenses for the Low-I ncome Housing Committee for the period January through June 1983. She stated that two questions were asked at last week's meeting of the Low-Income Housing Committee (1) if a place is available for central storage of reading and reference materials for the Committee and (2) if the $200.00 budget would be appl ied toward secretarial services. Commissioner Anderson suggested that the materials be stored in the Commissioners' office, so they would be easily accessible during regular business hours. She noted that the Committee needs to know if they will be charged for secretarial services so that they can determine how the budgeted amount wi II be spent. Commissioner Vant Hull stated that if secretarial time is included in the Low-Income Housing Committee's expenditures, the approved $200.00 may pay apprOXimately three months' expenses. Mayor Stiff noted that reasonable expenses wi II be considered. He further noted that committees should keep their expenses to a minimum. He indicated no problem with the Com- mittee using file space in the Commissioners' office. He further cautioned that the Committee must be careful not to exceed its parameters. Commissioner Anderson stated that the Committee has considered the possible use of I Community Development Block Grant monies, which may be used for acquisition of land or improvements to the land, but not actual construction. The Planning Staff has indicated that a separate committee must be formed to consider possible uses of CDBG monies and to give the necessary citizen input for an application. Commissioner Vant Hull noted that guidelines for the application process will be dis- tributed in mid-March, and the deadline for filing applications is July 31, 1983. 01-10-83 367 Mayor Stiff instructed the Clerk of the Commission to place an advertisement in the newspaper for a Citizens' Committee to propose priorities for the Community Development Block Grant application. He further requested that the item be placed back on the agenda for January 31, 1983, for selection of the Committee. Review of policy regarding appointments to various Boards and Commissions I Mayor Stiff stated that no written policy has been established on the application pro- cess for appointment to boards and commissions. He noted discussions have been held, but the pol icy has not been completed. City Attorney Crumbaker-Smith noted that former City Attorney Planalp had indicated at a January 1982 meeting that the Commission concu rs in the Mayor's appointments. She noted that Commissioner Mathre has indicated that the Commission makes the appointments. Commissioner Mathre noted that the procedure for appointing members of boards and commissions was changed when the voter review of the forms of government was completed in 1976, but the change was not noticed and has never been implemented. She noted that the minutes of the meeting of June 21, 1982, indicate the intent of the Commission, but the policy was not placed in written form. She further noted that the advertisement placed in the news- paper should indicate the various boards and commissions upon which vacancies occur. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that each time openings on boards and commissions occur, the Clerk of the Commission be in- structed and directed to place a display advertisement in the newspaper at least one month prior to the actual vacancy date, listing the various boards, and stating that applications will be kept on file for a period of one year. 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. Mayor Stiff requested that the appointments and reappointments to boards and commis- sions for the period beginning January 1, 1983 be placed on the agenda for January 31, 1983. I The Mayor further requested that this item be placed on the agenda when City Attorney Crumbaker-Smith has prepared a legal opinion on the proper procedure for appointments. Discussion - National League of Cities mid-year retreat - Washington, D. C. Mayor Stiff recommended that the Commission authorize Commissioner Anderson to attend the National League of Cities mid-year retreat on March 5-8, 1983, in Washington, D.C. He noted that the City Commission budget contains sufficient monies in Travel and Schools to cover the costs of this retreat, and he feels that it would benefit the City. Commissioner Anderson wanted to be sure that everyone feels that this would the best possible use of those monies. Commissioner Vant Hull feels that the Commission has sufficient information on the key items I isted on the agenda for the retreat. Commissioner Mathre stated she has no strong feelings about Commissioner Anderson attending or not attending the session. She feels that the retreat would be very good because it provides an opportunity to lobby the Legislators. Commissioner Weaver noted that alternative seminars and workshops are available. He noted that the Institute for Improvement of Public Management in Denver has scheduled a workshop designed to train people. He indicated this is simply an alternative for the Com- mission to consider. Commissioner Anderson stated that she was grateful to be considered for attendance at the mid-year retreat. However, she would like to review the upcoming seminars and work- I shops, and then the Commission reach a decision which would provide the most benefit for the City of Bozeman. It was moved by Commissioner Mathre that one of the Commissioners be authorized to attend the National League of Cities mid-year retreat on March 5~8, 1983, in Washington, D. C. The motion died for lack of a second. 01-10-83 :'3b": Protest of proposed application of new water rates to water bills - Mrs. Helen Zipperian, 311 South Ninth Avenue Mrs. Helen Zipperian, 311 South Ninth Avenue, stated that she had just learned, during an adjustment to her water bill, that the new water rates become effective as of January 1, 1983. This means that beginning with the February 1, 1983 water billing, the new water rates wi II be used. However, in her instance, the bi IIing period covers December 8, 1982 through January 3, 1983. She noted that water used prior to January 1, 1983 should not be I charged at the new rate if those rates don't become effective until January 1. City Manager Evans stated that the City Staff will need time to research the cutoff dates for water bi lIing and the Public Service Commission. He requested that the matter be placed on next week1s agenda for further discussion. Recess - 6:05 p.m. Mayor Stiff declared a recess at 6: 05 p. m., to reconvene at 7: 00 p. m. for completion of the agenda. Reconvene - 7:05 p.m. Mayor Stiff reconvened the meeting at 7: 05 p. m., for completion of the agenda. Discussion - composition and function of Budget Committee Mayor Stiff noted that parameters for the Budget Committee should be established by the Commission. He noted that the role, scope and structure for the Audit Committee might be helpful in preparing the parameters and function of the Budget Committee. The Mayor suggested that private businessmen and the professionals at Montana State University be represented on this committee. He also feels that two Commissioners should serve on the committee, but they should not be the same two which serve on the Audit Committee. The Mayor stated that they would like to discuss the function of the Budget Committee at the upcoming Commission work session to be held on Saturday. I The Mayor stated that the proposed function of the Budget Committee would be long-range evaluation of the budget process, with suggestions for possible changes in the future. Commissioner Mathre feels that those serving on the committee, including the Commission representatives, should have a degree of expertise in budgeting. Mayor Stiff requested that discussion on the function of the Budget Committee be placed on the agenda for Saturday1s meeting, and that discussion of the composition of the committee be placed on next Monday's agenda. Ordinance No. 1119 - Uniform Building Code - 1982 Edition City Manager Evans presented Ordinance No. 1119, entitled: ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.04.010 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE REGULATION, ERECTION, CONSTRUCTION, ENLARGEMENT, AL TERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF BOZEMAN, MONTANA. Assistant City Manager Barrick stated that this ordinance adopts the Uniform Building Code, 1982 Edition. He noted that this is the newest edition available; the State of Montana Department of Administration, Building Codes Division, has adopted this edition; and the municipalities must now adopt the edition as well. I City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1119 and set the public hearing date for February 7, 1983. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1119, adopting the Unjform Building Code, 1982 Edition, and that the public hearing date be set for February 7, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner 01-10-83 -- ------------------- 369 Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Ordinance No. 1120 - Uniform Mechanical Code - 1982 Edition City Manager Evans presented Commission Resolution No. 1120, entitled: ORDINANCE NO. 1120 I AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.12.010 OF THE BOZEMAN MUNICIPAL CODE REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION AND MAINTENANCE OF HEATING, VENTILATING, COMFORT COOKING, REFRIGERATION SYSTEMS, INCINERATORS, AND OTHER MISCELLANEOUS HEAT PRODUCING APPLIANCES IN THE CITY OF BOZEMAN, MONTANA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, IN THE CITY OF BOZEMAN, MONTANA. Assistant City Manager Barrick stated that the Uniform Mechanical Code has a fee schedu Ie publ ished, as well as adoption of the 1982 Edition. The Assistant City Manager noted that the proposed changes listed in the fee schedule will bring the City's fees into line with the State of Montana fees. City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1120 and set the public hearing date for February 7,1983. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1120, adopting the Uniform Mechanical Code, 1982 Edition, and that the public hearing date be set for February 7, 1983. 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 voti ng No, none. Ordinance No. 1121 - Uniform Plumbing Code - 1982 Edition I City Manager Evans presented Ordinance No. 1121, entitled: ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.16 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REQUI RI NG A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF PLUMBING AND DRAINAGE SYSTEMS; DELETING THE FEE SCHEDULE IN SECTION 20.7, PART 1, AND REPLACI tJG WITH A NEW FEE SCHEDULE IN THE CITY OF BOZEMAN, MONT ANA. Assistant City Manager Barrick stated that the proposed plumbing fee schedule would increase the fees by approximately 60 percent. He noted that the last increase in the fees was in 1976, and the fees are now low compared to those charged in other cities throughout the State. City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1121 and set the public hearing date for February 7,1983. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1121, adopting the Uniform Plumbing Code, 1982 Edition, and set the public hearing date for February 7, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1122 - Abatement of Dangerous Building Code - 1982 Edition I City Manager Evans presented Ordinance No. 1122, entitled: ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ENACTING SECTION 15.24.010 OF THE BOZEMAN MUNICIPAL CODE, REGULATING THE ALTERATIONS, ADDITIONS AND REPAIRS OF ALL STRUCTURES IN THE CITY OF BOZEMAN, MONTANA; PROVIDING FOR THE PROPER LEGAL STEPS IN ABATING DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LIFE, LIMB, HEAL TH, MORALS, PROPERTY, SAFETY, OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS IN THE CITY OF BOZEMAN, MONTANA. 01-10-83 1'," Assistant City Manager Barrick stated that adoption of the Abatement of Dangerous Building Code, 1982 Edition, updates the City1s codes to coincide with the State's codes. City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1122 and set the public hearing date for February 7,1983. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Ordinance No. 1122, adopting the Abatement of Dangerous Building Code, 1982 Edition, and set the publ ic hearing date for February 7, 1983. The I 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 - air quality studies - Commissioner Anderson Commissioner Anderson suggested that, rather than the City Commission meeting with the City-County Health Department and Mr. Jim Heimbach alone, the County Commission also be included in the meeting so that all persons that may be involved in the review of air qual- ity would be included in the same meeting. She feels that the matter should be addressed before it becomes a crisis. Commissioner Anderson also presented to the Commission a copy of the notes she had made following a visit with Mr. Robert Johnson, Lewis and Clark County Health Officer, con- cerning air quality in Helena. Mayor Stiff instructed the Clerk of the Commission to research the minutes to deter- mine what previous discussions include and that the matter be placed on the agenda for review. Discussion - setting of goals Commissioner Mathre suggested that each of the Commissioners prepare a list of items he/she would like to see accomplished, both on a long-term and short-range basis and present that list at next week1s meeting. She noted that these items could then be pooled and dis- I cussed and then prioritized to establish direction for the next year. Commissioner Mathre noted that the items listed might be process oriented, involving procedures, or may be task oriented, involving items which have not been completed. She noted this process is usually completed on an annual basis. The setting of goals also gives the City Staff an idea of what the Commission considers important. Mayor Stiff requested that this item be placed on the agenda next week for the listing of goals and on the agenda the following week for discussion of the goals submitted. Discussion - agenda for Saturday, January 15, 1983 Mayor Stiff noted that the agenda for the Saturday meeting should be established at this time. City Manager Evans stated that Director of Finance Swan has been working on important items which require a large amount of time and has been unable to work on the balance sheet for June 30, 1982 and the City's reserves as of that date. Mayor Stiff then stated that the Saturday meeting agenda could include discussion of the function of the Budget Committee and discussion of cable television franchising and any other pertinent items from the National League of Cities Congress of Cities. Commissioner Mathre indicated that she has also contacted Mr. Ed Groenhout to speak on the cable television franchising and Mr. Sam Kimbrell to speak on industrial parks. Commissioner Weaver suggested that the use of Industrial Development Revenue Bonds might be incorporated into the presentation on industrial parks. I Discussion - committee for review of judicial branch Commissioner Weaver noted that the Management Letter submitted by the auditors indi- cated the need for application of generally accepted accounting practices for monies currently being held within the Judicial branch. He also noted that the salary for the City Judge should be reviewed prior to the budgeting process. Further, the Judge has requested more 01-10-83 371 clerical assistance in his department. The Commissioner also noted that one must be careful not to blur the lines between the different branches of government. He suggested that the formation of a committee, to include members of the Legislative, Executive and Judicial branches to discuss these three major items might eliminate potential problems. Commissioner Weaver stated that the committee could review each item and present a recommendation to the Commission. I City Manager Evans stated that he can foresee some advantages to the formation of a commi ttee . He noted that the role of the Judge changed when he became an elected official rather than an appointed official. He feels that discussion of problems in a committee might avoid problems that could arise from members of two branches of the government attempting to resolve certain situations. Mayor Stiff indicated concern that the salary of an elected official could be set too high. He feels that a person who has run for an office should be willing to accept the same percentages of increase which other employees are given. Mayor Stiff requested that this item be placed on an agenda in the near future for further discussion. Application for Wine License - The Red Barn Wine and Cheese Shops City Manager Evans presented to the Commission an application, along with the required $200.00 fee, for renewal of a Wine License on behalf of The Red Barn Wine and Cheese Shops for the Calendar Year 1983. The City Manager recommended approval of the application for renewal of the Wine License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant the application for renewal of the Wine License on behalf of The Red Barn Wine and Cheese Shops for the Calendar Year 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I Application for Raffle License - Pi Kappa Alpha - March 19, 1983 City Manager Evans presented to the Commission the Appl ication for Raffle License, along with the required fee, on behalf of the Pi Kappa Alpha, for a raffle to be held March 19, 1983. To be raffled is tuition in the amount of $200.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant the Application for Raffle License on behalf of Pi Kappa Alpha for a raffle to be held March 19, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to travel - Clerk of Commission Sullivan or Assistant Clerk of Commission Norman - January 12 and 13, 1983 - Helena, Montana - conversion of diskettes at I BM office City Manager Evans presented to the Commission a request on behalf of Clerk of the Commission Sullivan for permission for her or Assistant Clerk of the Commission Norman to travel to Helena, Montana, on January 12 and 13, 1983, for the purpose of converting recorded diskettes to the IBM Displaywriter. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Clerk or the Assistant Clerk of the Commission to travel to Helena on January 12 and 13, 1983, for the conversion of diskettes at the IBM office. The motion I 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 report - Building Inspection Division for December 1982 City Manager Evans stated that the monthly report for the Building Inspection Division for December 1982 appeared to be in order and recommended that it be accepted. 01-10-83 372 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report for the Building Inspection Division for December 1982 and that it be brought back to the Commission next week for filing. 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. Acknowledge report - Police Division for July 1982 I City Manager Evans stated that the monthly report for the Police Division for July 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the monthly report for the Police Division for July 1982 and that it be brought back to the Commission next week for filing. 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. Claims Claims for the past two weeks were presented. The City 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. City Manager Evans also noted that the claim for Terrel(ls Office Machines for a desk in the amount of $481.66, which was held from the claims listing of December 27, 1982, has been included in this claims listing, as requested by the Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the 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, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Adjournment - 8:07 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjourned. 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 ATTEST: Clerk of the Commission I 01-10-83