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HomeMy WebLinkAbout1983-01-17 373 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 17, 1983 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 17, 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 January 10, 1983, 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 Vant Hull requested that the request for authorization to use annual leave submitted by the Clerk of the Commission be removed for discussion. Award bids - Water System Improvements - replace crossing East Gallatin River This was the time and place set for awarding of the bid for the Water System Improve- ments to replace the water I ine crossing under the East Gallatin River at Bozeman, Montana. City Manager Evans concurred with the recommendation of Thomas, Dean and Hoskins, Inc., that the bid be awarded to Underground Construction, Bozeman, Montana, in the base bid amount of $21,720.00, it being the lowest and best bid. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid be awarded to Underground Construction, Bozeman, Montana, in the base bid amount of $21 ,720.00, it being the lowest and best bid. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Protest to new water rate being applied to December water consumption - Mrs. Helen Zipperian, 311 South 9th City Manager Evans stated that Mrs. Zipperian's protest to the new water rate being applied to December water consumption was initially presented to the Commission at last week's meeting. The Di rector of Finance has researched the matter and has suppl ied a memo- randum stating action being taken by the City. The City Manager noted that the water bills being mailed the end of January will be pro-rated via a computer program, with December water consumption being billed at the old rate and January water consumption being billed at the new rate. Mayor Stiff asked if the procedure and program were developed prior to Mrs. Z ipperian 's statement of concern last week. Director of Finance Swan stated that the program has not been totally developed to date, but it wi II be ready prior to the water bi lIing. She stated that the procedu re to be utilized had been developed, and it was initially thought that the billing would be done by hand rather than by computer. The Computer Programmer has had sufficient time to devote to working on the special program for this water billing cycle and will have time to finalize that program prior to the billing date. Mrs. Zipperian expressed concern that one might be billed for the minimum water rates I for both December and January if he/she uses under the minimum usage. Director of Finance Swan stated that for those using the minimum 500-cubic-foot water usage, the minimum rate for December will be utilized. She further noted that twelve water bills are mailed each year, and users will not be double billed due to the rate change. Mayor Stiff stated that the method of pro-rating the water bills appears to be equita- ble. He suggested that if Mrs. Zipperian is not satisfied with her next water bill, she should discuss the matter with Director of Finance Swan. 01-17-83 371t. East ain Street - Mattson, City Manager Evans presented to the Commission an appeal submitted by Mattson, Prugh and Lenon, Architects, on behalf of Mike Delaney, of the decision requiring a sprinkler sys- tem in the basement of the building at 27 East Main Street. This structure is the former Gambles building and has been remodeled and converted into a condominium-type business development. I Assistant City Manager Barrick stated that the Uniform Building Code requires that the Building Official place a proposed business within an occupancy category, as established within the Code. If a proposed business is not listed within the schedule, the Building Official must use the occupancy category that is closest to the proposed use. In this in- stance, health clubs are not listed; however, Building Official Gene Yde has determined that the proposed use is closest to gymnasiums because of the potentially large number of people that could be located there at anyone time, and therefore fits in the A-3 occupancy category. The A-3 category requires the installation of a sprinkler system in the basement. The Assistant City Manager noted that with the square footage located in the building, approxi- mately 200 people could be present at one time; and the City must consider the safety of those people. He also noted that the B-2 occupancy category suggested by the applicant would allow 50 people in the business at anyone time. Building Official Gene Yde supported the Assistant City Manager's statements. He noted that he must place the proposed business in the A-3 occupancy category because of the large number of people that could be involved. Mr. George Mattson, Architect, stated that the proposed business is to be a private health club for women. He stated that the area of the business is 4,730 square feet and would be divided into two main rooms, He noted that one of the rooms would contain exercise equipment. He further noted that a portion of the area would be utilized for lockers and a shower area. Mr. Mattson stated that for exercising one needs approximately 50 square feet. With the building divided into two main rooms, the applicant believes that not more than 50 I people could be in anyone room at anyone time. Therefore, he feels that the B-2 occupancy category should be utilized rather than the A-3 occupancy category. He further noted that the B-2 category does not require the installation of a sprinkler system. He further stated that the A-3 category tends to indicate assembly uses or post-high school educational facilities in which a large number of people are located. The B-2 category includes certain types of retail business and post-high school educational facilities in which there are less than 50 people per room. Mr. Mattson also noted that the Uniform Building Code requires two exits from a business of this size. He stated that an enclosed stairway leads directly from the business to the sidewalk. Also, another door leads to the landscaped recessed area in the front. A stairway in the back of the business area leads to the alley. Also, a former coal chute can be maintained as a fire access. Fire resistive construction and fire doors separate this business area from the remainder of the building. Commissioner Vant Hull asked if people would be smoking in the building. Mr. Mattson stated that a "no smoking" policy will be in effect for the health club. Assistant City Manager Barrick noted that post-high school educational facilities are definitely allowed in the A-3 and B-2 occupancy categories. He also noted that when inter- preting the Uniform Building Code, one must determine the square footage involved and assume that the building is full. Commissioner Weaver noted that the City Staff must use the most conservative approach possible for interpretation of various Codes. He further noted that the Commission must also make a judgment on which of the two occupancy categories is closest to the proposed use. I The Commissioner then asked if the use of the space is changed in the future, would another judgment be made at that time. Building Official Gene Yde stated that whenever a business is proposed in a basement in the downtown area, a determination of the occupancy category must be made. Mayor Stiff asked the Building Official if he concurs with Mr. Mattson on the quality of the exits in the remodeled basement of the building. 01-17-83 31'5 Building Official Yde noted that Mr. Mattson had indicated that the business would have four exits. He stated that two of the listed exits are good, qual ified exits. However, the one listed exit in the front simply leads to an area outside the front of the building but is located below the sidewalk level with no access to the sidewalk, and therefore cannot be considered a qualified exit. The one exit listed in the rear of the building is simply an un- improved coal chute that would not provide an adequate exit. He noted that the coal chute I must be maintained as an opening for firemen to utilize or a sprinkler system must be in- sta lied. Commissioner Weaver asked if a crash bar will be installed on the back door. Mr. Mattson stated that an emergency release could be provided so that people can easily exit from the building. Commissioner Weaver then asked how much it would cost to install a sprinkler system. Mr. Mattson stated that a sprinkler system would probably cost $10,000.00 to $15,000.00. Assistant City Manager Barrick once again noted that the total square footage of the business location and the total number of people who could be located at this business at any one time must be considered when determining the occupancy category for this proposed busi- ness. Commissioner Weaver asked if an area of judgment is involved in this determination. The Commissioner also commended the City Staff for adhering conservatively to the application of the building standards for public safety. He requested that the Staff continue to use con- servative applications on matters involving health and life safety standards. City Attorney Crumbaker-Smith stated that there is an area of judgment involved. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission establish that the basement of the building located at 27 East Main Street, to be utilized as a private health club for women, be considered in the B-2 occupancy category. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Vant Hull, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Continued discussion - re transfer of handling of proceeds from bequests to Bozeman Public Library Foundation City Manager Evans presented to the Commission the City Attorney's opinion concerning the transfer of handling of proceeds from bequests from the City to the Bozeman Public Library Foundation. He noted that the City Attorney has concluded that the Library Board should maintain the donations received in the City treasury and expend them directly from the trea- sury in accordance with the specific terms of each donation. Mayor Stiff noted that any donations currently on hand were made without knowledge of the existence of the Bozeman Public Library Foundation. He stated that the formation of the Bozeman Public Library Foundation should be publicized so that people can consider the alternative when preparing wills and donations. Mr. Doug Tillett, member of the Bozeman Public Library Foundation, stated that they will make every effort to contact attorneys, trust officers and others involved in the creation of wills so that they are aware of the Foundation. Commissioner Vant Hull requested that the City Attorney review the State Statutes and determine the extent of autonomy for the Library Board of Trustees. She noted that this matter has not been thoroughly researched, and she feels that it should be. Mayor Stiff asked if there is any potential conflict between the Library Board of I Trustees and the City Commission. He noted that currently each body acknowledges the other's existence, and there seems to be no problem. Mr. John Parker, member of the Library Board of Trustees, noted that there is less confusion about the powers of the Library Board now than there were five years ago. He noted that various sections of the State Statutes provide for conflicting powers, which tends to cloud the issue. 01-17-83 378 Mr. Parker then noted that the Library Board has requested permission to use some of the monies remaining in the Library Construction Fund for the purchase of a table top mini- computer. The Director of Finance has stated that she does not feel that this would be a legitimate expenditure of the Library Construction Fund monies; and the Library Board has now requested that the City Attorney provide a legal opinion on the matter. Director of Finance Swan stated that, using the accounting definition for use of a building construction fund, purchase of a mini-computer would not be a legitimate expense. I She further noted that the New Public Library building has been substantially completed for quite some time; and she feels that the Library Construction Fund should be closed and the balance transferred into the Library Debt Service Fund. She had suggested the termination of the Construction Fund to the Library Board in October 1982, but the fund has not yet been closed. City Manager Evans stated that the Library Construction Fund should not be closed until February 28, 1983, to allow the City Attorney time to render her opinion on the purchase of a table top mini-computer. Staff recommendation on Repurchase Agreement for period January 18, 1983 through January 18, 1984 City Manager Evans presented to the Commission the staff recommendation for award of the Purchase Agreement for the period January 18, 1983 through January 18, 1984. He noted that the Di rector of Finance has reviewed the proposals submitted, as follows: I nterest Rate Montana Bank First Bank Western Bank Fixed Rate 8.82% annual percen- 6.25% annual level No bid. tage rate, accrued rate, with effective daily and paid yield of 6.448% for quarterly. the full investment year. Variable Rate 1 % over the 26-week Daily interest at an i% under the federal I Treasury Bill rate. annual rate of 1.75% discount rate. (Jan. 3, 1983, this below the most recent rate would have been 91-day Treasury Bill 8.946%.) auction. (Jan. 1983, this rate would have been 6.225%, effective yield 6.422%.) Service Charge None. None. $3.00 minimum per month, based on 3~ per deposit and 8el: per check less month average of Money Market Rate on average balance in account. Commissioner Vant Hull noted that there is currently a bi II in Congress that would allow Cities to get interest on checking accounts. She asked if all the City's funds are currently invested and gaining interest. Director of Finance Swan stated that under the City's present investment program, all monies held by the City receive interest. She also noted that the Repurchase Agreement con- tains provision for a minimum of $100,000.00 and a maximum of $500,000.00 in the account. She noted that when Certificates of Deposit were gaining 17 percent interest, the City main- tained the minimum $100,000.00 balance in this account. Now that Certificates of Deposit are gaining 8.1 percent, the City is maintaining the maximum $500,000.00 balance. The Director of Finance stated that she contacted Boettcher and Company and the City I of Billings to ask what they felt the interest rate fluctuation would be for the next year. They indicated that the money market would remain low through January and February and would increase throughout the remainder of the year. Mr. Tuck Ganzenmuller, Boettcher and Company, recommended that the City accept the variable rate option. Director of Finance Swan stated that the City of Billings is currently investing in Treasury Bills. She feels that the City should consider all available options for investment of public monies which would 01-17-83 377' maximize the interest earnings and would provide easy access to the monies invested. City Manager Evans concurred in the Director of Finance's recommendation that the Repurchase Agreement for the period January 18, 1983 through January 18, 1984, be awarded to Montana Bank of Bozeman, designating the variable rate option. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission award the proposal for the Repurchase Agreement for the period January 18, I 1983 through January 18, 1984, to Montana Bank of Bozeman, Bozeman, Montana, in the variable rate of 1 percent over the 26-week Treasury Bill rate. 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. Discussion - Cable television study group City Manager Evans noted that the Commission had requested that this item be placed on the agenda following Saturday morning's work session. Mayor Stiff stated that the Commission had discussed the possibility of forming a com- mittee to investigate the franchising of cable television. Commissioner Vant Hull stated that she feels the appointment of a committee would be premature. She feels that the Commission should complete further investigation of cable tele- vision franchising, to include talking to other communities in Montana that have cable tele- vision franchising, before appointing the committee. She feels that if the committee were to perform this function, it would be set in a certain direction, rather than determining its own direction. Mayor Stiff stated that determination must be made on whether the franchising would be a revenue-producing source or if it would be for regulating the use of the availability of television for various purposes. Commissioner Vant Hull felt that Mr. Ed Groenhout's presentation to the Commission on Saturday was from one direction only. I Commissioner Weaver stated that balance on the proposed committee would keep the committee from being steered in one direction by one person. Mr. Ed Groenhout suggested that the committee could act as a planning group and could recommend approaches to the problem. He noted that the committee should not have any vested interests in the matter. Commissioner Mathre stated that establishing the parameters and goals of the committee might minimize some of the concerns expressed about the formation of the committee. Mayor Stiff noted that the committee could establish its parameters and present them to the Commission for approval. He feels that the committee should be formed and the process begun as soon as possible. City Manager Evans noted that the City might receive valuable information from other communities in Montana at some time in the future. He feels it would be advantageous for the community to have the capability of using television channels for public purposes. Mr. Groenhout stated opposition to imposing a franchising fee on only one revenue- producing company which uses public right of way in the community. He feels that if a fee is levied against one company in a specific category, it should be levied against the other companies in that category also. He noted that franchising for regulation of the communica- tions industry could be considered. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the formation of a Cable Television Study Group, which would present to the Commission recommendations for cable television franchising and other possible options. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Suggestions for possible appointment to the study group include Commissioner Judy Mathre, Ed Groenhout, Ian Elliot, Dr. Brian Dunn, George Mattson, County Commissioner Joy Nash, Bi II Merrick and Gerry Wheeler. Mayor Stiff requested that appointment of the Cable Television Study Group be placed on the agenda for next week. 01-17-83 378 '-.. Staff report - status of Milwaukee Railroad right of way City Manager Evans stated that the Staff has reviewed the minutes of the previous Commission meetings concerning the purchase of the Milwaukee Railroad right of way. He noted that it has been the City's intent to purchase the right of way with Park Land Trust Fund monies. However, the use of the trust fund monies has not been specifically authorized by the City Commission. The City Manager recommended that the Commission authorize the expendi- ture of approximately $10,800.00 from the Park Land Trust Fund for the initial purchase of I the Milwaukee Railroad right of way from the intersection of South Church Avenue and East Story Street to the intersection of Kagy Boulevard and South Willson Avenue. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the expenditure of approximately $10,800.00 from the Park Land Trust Fund for the purchase of the Milwaukee Railroad right of way from the intersection of South Church Avenue and East Story Street to the intersection of Kagy Boulevard and South Wi IIson Avenue for use as a linear park. 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. Recess - 6:05 p.m. Mayor Stiff declared a recess at 6:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the regular business items. Reconvene - 7:10 p.m. Mayor Stiff reconvened the meeting at 7: lOp. m. for the purpose of conducting the scheduled public hearings and completing the regular business items. Continued public hearin - Zone Code Amendment - Addin Section 18.69.240, Water Course Setback, to hapter 18.69; and Section 18.06.625 to hapter 18.06 This was the time and place set for the continued public hearing on the Zone Code I 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 noted that this public hearing had been opened on December 6, 1982; continued to January 3, 1983; and continued once again to this meeting. The City Manager then recommended that the Mayor open and conduct the continued public hearing, then continue the public hearing to February 7, 1983, to allow the City Attorney time to review the proposed Zone Code Amendment. Mayor Stiff opened the continued public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the public hearing had been continued at the November meeting of the Zoning Commission. At its December meeting, the Zoning Commission recommended approval of the Zone Code Amendment, pending review by the City Attorney. Mr. Money stated that this Zone Code Amendment is the result of a class from Montana State University examining various water courses in the Bozeman area. He noted that the class was instructed to propose logical and realistic solutions to the problems that the streams have encountered due to development. He noted that the class has proposed a 35-foot setback from stream banks within the zoning jurisdictional area. The Assistant Planner stated that the 35-foot setback appears to be a reasonable distance and should avoid any problems that could be created by future development. Commissioner Mathre noted that a loophole has been placed in the amendment that would provide for exceptions. She asked if this could create problems in the future. Assistant Planner Money stated that in certain areas, lots have been created; and a I 35-foot setback could render those lots unusable. He stated that a committee could be es- tablished to make recommendations to the Building Official on whether or not the 35-foot set- back could be encroached upon without adverse effect on the water course. Commissioner Anderson stated concern that the amendment provides that appeals of decisions on this amendment would be made to the Board of Adjustment. She noted that this process by-passes the Commission. 01-17-83 37~r Mr. Money noted that this amendment provides zoning requirements, which are properly appealed to the Board of Adjustment. Mr. Jerry Wells, Fisheries Manager for the Fish, Wildlife and Parks, stated endorsement of the concept of a setback from streams in the zoning jurisdictional area. He presented slides of water courses in the area and stated that he wishes to preserve these streams. He noted that the original owner of one development located next to a stream had agreed to pro- vide a setback from the stream bank. That development has changed owners several times, I and the present owner was unaware of the original conditions. Mayor Stiff noted that conditions established for development should be attached to the title for the property, so that subsequent owners are aware of those conditions. Commissioner Weaver noted that there are not too many places where people can fish for wild trout in live streams within the city limits. He noted that this says something for the character of this community. Mr. Joel Shouse, Director of the Blue Ribbons of the Big Sky Areawide Planning Office, stated that the proposed amendment would help to preserve the water quality in the area. He stated support of the proposed setback and suggested including a condition that vegetation along the stream banks not be disturbed. Assistant Planner Money stated that items requiring building permits can be monitored. However, it is difficult to control the type of landscaping installed or the disturbance of natural vegetation. Planning Director Moss noted that in some newly subdivided areas, a 35-foot conserva- tion zone has been left in a natural state. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Stiff continued the public hearing to February 7, 1983. Public hearin construction, I This was the time and place set for the public hearing on the Conditional Use Permit requested by Rex Clark to allow an office building for construction, engineering and livestock companies on Lot 4, Bomont Center Subdivision. The site is located at the corner of Gold Avenue and Bond Street. The City Manager noted that the Zoning Commission has continued the public hearing and recommended that the Commission open and continued the public hearing to February 7, 1983. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Stiff continued the public hearing to February 7, 1983. This was the time and place set for the public hearing on the Conditional Use Permit requested by Ken LeClair to allow a twenty-two unit Planned Unit Development on Tract 1, cas 386B. This site is located along the north side of West Olive Street between South Sixteenth and South Eighteenth Avenues. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the twenty-two units will be located in three structures. The Zoning Commission reviewed the proposed Conditional Use Permit and recommended approval, subject to twelve conditions. I Commissioner Vant Hull stated that she feels that sidewalks should be required along the publ ic right of way area. Planning Director John Moss stated that installation of sidewalks should be addressed during the subdivision process. He noted that the subdivision requirements do provide for the installation of sidewalk; but that requirement has not been enforced in the past. He noted that this is one of the subdivisions in which pedestrian facilities have not been pro- vided. 01-17-83 3at) Mayor Stiff noted that sidewalks should be provided for safety. He noted that young children have a tendency to play in the street if there is no sidewalk on which to play. Commissioner Vant Hull suggested that the Commission add a condition requiring the installation of sidewalks along the public right of way. Mr. Corbin Ross, Architect, stated that he personally has no objection to providing sidewalks. He noted, however, that the City should follow a consistent pol icy. He further noted that the installation of a sidewalk along this development would create an isolated side- I walk. Mr. Ross also stated that he would need to speak with Mr. LeClair about installation of a sidewalk before he could state a definite point of view. Mayor Stiff stated that one single development should not be singled out in a subdivi- sion, but should be done through blanket coverage. Commissioner Vant Hull requested that the Planning Staff prepare a policy for instal- lation of sidewalks in existing subdivisions. Mr. Corbin Ross stated that Condition No.3, as proposed by the Zoning Commission, would eliminate the two parking stalls near the northern property lines. He stated that he would like to have the condition reworded so that he can work with the Planning Staff in an attempt to find an alternative solution and keep the two parking stalls. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Inspection report of City residence at the location of the Water Filtration Plant - authorize the use of bond proceeds to replace the old house City Manager Evans presented to the Commission a staff report and a Building Inspection Division memorandum concerning the current residence for the City employee who maintains the upstream water supply. The City Manager noted that this old house is owned by the City, and it is one of the conditions of Mr. Orvaill Bridgewater's employment that he live there and maintain the water supply. City Manager Evans stated that it would be desirable for the City to maintain a resi- I dence at the location of the new Water Filtration Plant. He further noted that the existing structure is substandard; and he feels that remodeling would be costly and the City would not regain the amount of its investment. The City Manager recommended that a new modular home be purchased and placed on a basement at the site of the Water Filtration Plant and requested authorization to proceed with the bidding process. Commissioner Weaver asked if the City employee would pay rent. City Manager Evans stated that the employee's pay is currently reduced by the amount of rent charged each month. When the salary is set each year, that rent is considered. Commissioner Vant Hull stated that she would like to see the old house prior to making a decision. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table action on this matter for a period of one week. 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. Authorize City staff to proceed with purchase of 2.0696 acres for the Water Filtration Plant site in the amount of $18,971.33 City Manager Evans presented to the Commission a proposal for the purchase of 2.0696 acres for the Water Filtration Plant site in the amount of $18,971.33. The City Manager noted that this property is needed for the construction of the Plant, and the City Staff has nego- tiated for several months on this parcel of land. The City is not in a position to condemn I the land because the Plant can be redesigned to fit on the City's property an a cost of $250,000.00 to $300,000.00. City Manager Evans suggested that the City Attorney review the possi bi Iity of condemnation. Commi ssioner Weaver noted that the cost of the site is $9,452.00 per acre. He further noted that the smaller the parcel, the higher the cost per acre. He also noted that if con- demnation proceedings were initiated, the cost of the land would be based on the highest and best use. 01-17-83 --.-. 3"81. City Manager Evans agreed that the cost is high per acre. He feels that if condemna- tion were pursued, the City would probably pay the same amount; and it would take more time because of the condemnation proceedings involved. Commissioner Mathre asked how long condemnation proceedings would take. City Attorney Crumbaker-Smith stated that the City could take possession of the land once the proof of need is completed, with the price per acre to be established at a later date. I She noted that it would take two to three months to prove the need for the property. Commissioner Weaver asked if there is any further room for negotiating. City Manager Evans stated that he does not feel that Mr. Gene Cook and Mr. Dan Henderson, Managing Partners of Nash-Sourdough Properties, will negotiate any more. The City Manager then recommended that the Commission authorize the City Staff to proceed with the purchase of 2.0696 acres of land, which is the minimum amount needed for construction of the Water Filtration Plant, from Nash-Sourdough Properties. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the City Manager to proceed with the purchase of 2.0696 acres of land located adjacent to the Water Filtration Plant site from Nash-Sourdough Properties in the amount of $18,971.33 for construction of the Plant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commis- sioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1123 ~ amending Business License Ordinance City Manager Evans presented Ordinance No. 1123, entitled: ORDINANCE NO. 1123 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTNA, AMENDING CHAPTER 3.12 OF THE BOZEMAN MUNICIPAL CODE AS FOUND IN ORDINANCE NO. 1117, PROVIDING FOR FEES FOR BUSINESS LICENSES, INVESTIGATIONS, TRANSFERS AND BOND DEPOSITS IN THE CITY OF BOZEMAN, MONTANA. I Assistant City Manager Barrick stated that this proposed amendment to the Business License Ordinance is the result of sending out business license applications, using the new fee schedule adopted in Ordinance No. 1117. He noted that this caused an inequity because each eating establishment was charged $50.00 if it has a counter only or $100.00 if it has a counter and/or tables, regardless of the size of the establishment. The Assistant City Manager recommended that the best way to avoid this inequity is to remove the section enti- tled "Cafes, Cafeterias, Coffee Shops, Dining Rooms, Ice Cream Parlors, Lunchrooms and Restaurants," which would place these establishments under the fee structure for "General Business License Fee--Group--Square Footage--Minimum/Maximum." The business license fees could then be based on the square footage of the establ ishment and would be more equitable. Commissioner Vant Hull stated that she has spoken to the City Manager about the fees established in the Business License Ordinance for electronic games. Commissioner Weaver stated that he does not feel sufficient information was received from the owners of electronic games or from the establishments where electronic games are located. This provided an inadequate basis for the Commission's decision; and he feels that additional information should be requested and considered. City Manager Evans recommended that the Commission adopt Ordinance No. 1123, deleting Section 3.12.150 and placing eating establishments in the General Business License Fee struc- ture. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion adopt Ordinance No. 1123, amending the Business License Ordinance to delete Section I 3.12.150, placing eating establishments in Section 3.12.010, "General Business License Fee--Group--Square Footage--Minimum/Maximum.lI 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. 01-17-83 382 Function and composition of Budget Committee Mayor Stiff stated that the function and composition of a Budget Committee was dis- cussed at Saturday's work session. He further noted that this matter had been addressed indirectly at the seminar conducted by Mr, Larry Sprecher on Wednesday evening, when the Commission discussed its priorities for the City Manager. The Mayor further noted that Mr. Sprecher had indicated that a Budget Committee should be a committee of the City Manager's office rather than of the City Commission. He stated that the Commission must determine I whether or not it desires the formation of a Budget Committee prior to moving in that direc- tion. Commissioner Weaver stated that he would like to see improvement in the budgetary process, both within the executive branch and the legislative branch. He feels that the City Manager has been given direction by the Commission because of the priority list which was established at the seminar. He noted that the legislative branch must now determine how and to what degree it wishes to participate in the process. Mayor Stiff noted that four years ago, the budget process needed to be addressed. At that time, the City Manager was appointed the budget officer for the City. He noted that Representative Ken Nordvedt brought to the Commission's attention a problem with revenue estimates during the past budgeting process. The Mayor feels that an independent thrust may be needed in the budgetary process to eliminate the problems with revenue and expenditure estimates. Commissioner Weaver stated that the problem on estimating revenues during the past budgeting process was caused by lack of information. He stated that the process should be reviewed to see if it can be improved before action is taken. Commissioner Mathre stated that the Commission must determine whether or not the City wishes to begin programmatic budgeting. She noted that a Budget Committee could do an independent investigation of that process. Mayor Stiff stated that a capital projects budget must be established. He noted that the City must be able to project its capital projects for at least five years for it to be I effective. Commissioner Vant Hull noted that the Commission is a policy-setting body. She further noted that one cannot set policy without reviewing the financial resources. Mayor Stiff stated that programmatic budgeting should not be considered as a problem- solving measure. He suggested that the Commission could act as a committee of the whole to review the budget. Commissioner Weaver supported the suggestion of a committee of the whole. He noted that he would like to have the Staff prepare a statement of procedure for the Commission to review and provide suggestions. City Manager Evans stated that he will submit a written statement to the Commission. He noted that certain dates must be met in the budgeting process so that the legal responsi- bilities of the legislative branch are carried out. He requested that the Commission establish the date by which they need the budget document so that they may complete their portion of the budgetary process. Commissioner Weaver suggested that the Staff consider line item budgeting with pro- grammatic budgeting running beside it for at least two years to develop and refine the budget- ing process. City Manager Evans stated that if the Commission wishes to establish a Budget Committee, that is the prerogative of the Commission. Mayor Stiff noted that the main consideration at this time is whether the same chrono- logy in developing the budget should be followed. He feels that the Commission should be I close to the entire budgeting process until they feel comfortable with the process. Commissioner Weaver stated that he will never be comfortable with the current budget- ing procedures because of the Montana Code Annotated. He noted that the dates and require- ments set forth in the Code defy good budgeting practices. The Commissioner indicated that the Commission should review the City Manager's approach to the budget process before consi- dering any changes. 01-17-83 383 Commissioner Vant Hull feels that a Budget Committee is essential. She feels that they should consider the budgetary process and the contents to a certain extent. She further noted that to have an Audit Committee without a Budget Committee is to review only half the process. Commissioner Anderson stated that a position paper from the City Manager would be helpful. Commissioner Mathre indicated reservation about creating a Budget Committee. She I noted that she is uncertain what its function would be. She suggested review of the position paper prior to making a decision on the formation of a Budget Committee. Mayor Stiff stated that a Budget Committee could review budget forecasting and the budgeting process. Also, it could review the Staff's progress, advise on the long-term cap- ital projects process and ultimately advise on possible improvements in the budgeting process. The Mayor then asked City Manager Evans how long preparation of the position paper will take. City Manager Evans stated that he wi II have a position paper prepared in two weeks. He noted that perhaps part of the confusion about the budgeting process is that there is no staff person avai lable to devote time strictly to the budget. He noted that a City of this size with the complexities as found in the City of Bozeman's budget usually has a full-time budget officer. He noted that under the City's current system, several persons handle various tasks within the budgeting process on a short-term basis. The City Manager stated that he is not advocating additional personnel be hired, but he indicated that everyone should realize what resources are currently avai lable in the City. Discussion - meeting re air quality studies Commissioner Anderson noted that the Commission must decide whether to address the level of air quality with the City-County Health Board or if they wish to expand the matter to include the County Commission. Mayor Stiff noted that the City-County Health Board will be meeting within the next few weeks. He instructed the Clerk of the Commission to contact Dr. King at the City-County I Health Office and request that a discussion of the air quality in the area be placed on the agenda for the next Health Board meeting. This item will be placed on the Commission agenda following that Health Board meeting, Report on proposed seminar on budgeting at League convention in October (conducted by MSU staff) - Commissioner Mathre Commissioner Mathre stated that the Board of Directors for the Montana League of Cities and Towns met in Helena last Thursday. At that meeting, she asked if the Board of Directors would be interested in a seminar on budgeting and financial management conducted by the people from the Montana State University School of Business. The Board indicated interest in holding such a meeting prior to the League Convention. The Commissioner stated that the League office employees will contact the various cities around the state to survey their interest and need for such a seminar after the Legislative Session is completed. Appointment of subcommittee to review Pledged Securities ending December 31, 1982 Mayor Stiff appointed Commissioner Anderson and Commissioner Vant Hull to the sub- committee to review the Pledged Securities for the period ending December 31, 1982. Application for Raffle License - Quilters' Guild - April 3, 1983 City Manager Evans presented to the Commission an application for Raffle License, along with the required fee, on behalf of the Quilters' Guild for a raffle to be held April 3, 1983. I To be raffled is a Dresden Plate quilt valued at $400.00. City Manager Evans noted that an application for this raffle was approved for a period longer than allowed by the State Code. The Commission subsequently requested that the appli- cant submit another application for a Raffle License to terminate on March 27, 1983, as was stated on the original application. The City Manager noted that the date on this application has been changed and requested that action on this item be delayed for one week to allow the Staff time to research the matter. 01-17-83 3 8}."~ Absence of Mayor Stiff - January 24, 1983 meeting It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the absence of Mayor Stiff from the January 24, 1983 meeting be authorized in compliance with Section 7-3-4322, M.C.A. 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's report - follow-up on Saturday's meeting I Mayor Stiff stated that he has talked with City Attorney Crumbaker-Smith concerning personnel evaluation. He noted that at last week's seminar, the Commission had set goals for future evaluation processes. He stated that the City Manager serves at the Commission's pleasure, and he should be aware at least annually of how he is doing and be provided an opportunity for rebuttal. He noted that an evaluation should be done in mid-February. The Mayor stated that the City Attorney also gave him a copy of the form currently being used by Montana Power Company in its evaluation process. She had also noted that approximately 95 percent of all personnel evaluations are not good. The Mayor stated that he wishes to avoid a bad personnel evaluation. Commissioner Weaver asked if an objective performance appraisal, based on outcomes of specific issues would be a good basis for evaluation. City Attorney Crumbaker-Smith noted that the Commission currently has no outcomes of specific issues upon which to base a performance evaluation. Commissioner Vant Hull suggested that each Commissioner prepare a memo stating his/her suggestions for personnel evaluation and attach pertinent information. This information could then be copied and distributed to each of the Commissioners for consideration. Mayor Stiff requested that information on the personnel evaluation process be distri- buted to the Commission on February 7, with discussion of the process on February 14, 1983. leave - various days between Januar 18 and March 30, I City Manager Evans presented to the Commission a request on behalf of Clerk of the Commission Sullivan for authorization to use annual leave on various days between January 18 and March 30, 1983. The City Manager noted that the Clerk has 100 hours of annual leave to use or lose as of March 30. Commissioner Vant Hull stated that she had removed this item from the Consent Items for discussion because the Commission has skirted consideration of the issue of additional hours worked. She suggested that the Commission consider a policy stating that the Clerk of the Commission, City Manager and Assistant City Manager or any other City employee who works late due to the Commission meeting be allowed to, at his/her discretion, come in one or two hours late the following morning. She noted that this is a long overdue gesture, but is the first step toward correcting the situation. City Manager Evans stated that he feels he was hired to do a job, regardless of the number of hours involved. He then requested that the City Attorney review the State Statutes to determine whether or not the Clerk of the Commission is exempt from overtime laws. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Clerk of the Commission, at her discretion, to take up to four hours of compensatory time on the morning following the Commission meeting, but not to exceed the actual number of additional hours worked. 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. I It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize Clerk of the Commission Sull ivan to use 100 hours of annual leave on various days between January 18 and March 30, 1983. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 01-17-83 385 Application for renewal of Kennel License - Mrs. Dorothy Kenck, 1317 West Alderson City Manager Evans presented to the Commission an application, along with the required fee, for renewal of a Kennel License on behal f of Mrs. Dorothy Kenck, 1317 West Alderson. The City Manager noted that the Animal Control Officer has reviewed the request and found no reason to not grant the renewal of the Kennel License. He then recommended approval of the requested renewal. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for renewal of a Kennel License on behalf of Mrs. Dorothy Kenck, 1317 West Alderson. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson and Mayor Stiff; those voting No, none. Application for Raffle License - Bozeman Bucks, American Legion Baseball - May 1, 1983 City Manager Evans presented to the Commission an application, along with the required fee, for a Raffle License on behalf of the Bozeman Bucks, American Legion Baseball, for a raffle to be held on May 1, 1983. To be raffled is a bronze casting of a grizzly bear valued at $895.00. The City Manager recommended that the Commission approve the application for the Raffle License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Raffle License on behalf of the Bozeman Bucks, American Legion Baseball, for a raffle to be held on May 1, 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 - authorize winter City Manager Evans presented to the Commission Change Order No. 3 for Johnston I Excavating for the Waste Water Treatment Plant, Phase II, Schedule I. This Change Order is to authorize winter shutdown and allow nine days to complete the project in the Spring. The City Manager recommended that the Commission authorize the Mayor to sign Change Order No.3. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign Change Order No. 3 for Johnston Excavating, for the Waste Water Treatment Plant, Phase II, Schedule I, authorizing the winter shutdown and allowing nine days for completion in the Spring. 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. Authorize Mayor to sign - Request for Reimbursement from EPA - Step 3, Phase I, WWTP - $142,168.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase I, Step 3. This is Partial Payment Request No. 17, in the amount of $142,168.00. The City Manager recommended that the Commission authorize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase I, Step 3, in the amount of $142,168.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, I Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Reimbursement from EPA - Step 3, Phase II, WWTP - $110,067.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase II, Step 3. This is Partial Payment Request 01-17-83 388 No. 10, in the amount of $110,067.00. The City Manager recommended that the Commission authorize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase II, Step 3, in the amount of $110,067.00. 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, I none. File report - Building Inspection Division for December 1982 City Manager Evans stated that the monthly report for the Building I nspection Division for December 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the report for the Bui Iding I nspection Division for December 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. File report - Police Division for June 1982 City Manager Evans stated that the monthly report for the Pol ice Division for June 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the report for the Police Division for June 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 9:50 p.m. I 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 adjourned. 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. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 01-17-83