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HomeMy WebLinkAbout1981-11-10 1 ~ ,", .,J ,,' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 10,1981 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 10, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Stiff was excused in compliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Math re. The minutes of the regular meeting of November 4, 1981, were approved as corrected. Absence of Commissioner Stiff It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commissioner Stiff be excused from this meeting in compliance with Section 7-3-4349, M. C. A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Open bids - Garbage Division - Track type front end loader I This was the time and place set for opening the bids for a Track type front end loader for the Garbage Division. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. The following bid was then opened and read: Gross Bid Trade-In Net Bid Tractor & Equipment, $69,000.00 $11,000.00 $58,000.00 Billings, Montana It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the ,. bids be referred to staff for review and a recommendation to be made in one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. I Discussion - Proposed 1981-1982 Swim Center Fee Schedule City Manager Evans presented to the Commission the proposed fee schedule for the Swim Center. The City Manager stated that the matter had been before the Recreation Board, and they recommended adoption of the proposed fee schedule. 133 Swim Center Manager Sue Neville presented the staff report to the Commission and noted the requested changes. She noted that the schedule proposes a three-month pass, which has not existed in the past. Also, the age for the Senior Citizen discount was lowered to 55 years. Commissioner Mathre noted that, following the last increase in Swim Center fees, she I had received several complaints, and asked if there would be complaints following this in- crease. The Swim Center Manager stated that it would be very likely that people would com- plain about the increase. City Manager Evans recommended that the City Commission adopt the proposed 1981- 1982 Swim Center Fee Schedule, to be effective immediately. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission adopt the proposed 1981-1982 Swim Center Fee Schedule as submitted, and set the age for the Senior Citizen discount at 55 years of age, to be effective immediately. T he mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Decision - Cook-Bell Real Estate - Zone Map Change - R-2 to R-O This was the time and place set for a decision on the request for a Zone Map Change from R-2 to R-O on behalf of Cook-Bell Real Estate. The area being considered for rezoning I is known as Tract "C" of Certificate of Survey No. 558. It is located in the SE! of Section 9 and the NE! and NW! of Section 16, Township 2 South, Range 5 East, M.P.M., Bozeman, Gallatin County, Montana. It is located in the Burrup Annexation, which is situated between U.S. Highway No. 10 and Interstate 90 as they parallel each other leaving the city to the east. City Manager Evans recommended that the City Commission approve the request on be- half of Cook-Bell Real Estate for a Zone Map Change from R-2 to R-O on a parcel of property located in the Burrup Annexation. Commissioner Swanson stated that he would abstain from the voting because he was the real estate broker for this parcel of land. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request on behalf of Cook-Bell Real Estate for a Zone Map Change from R-2 to R-O on a parcel of land located in the Burrup Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none; Commissioner Swanson abstained. I Public hearing - Ordinance No. 1084 - Adopt the II National Electrical Code, II 1981 Edition This was the time and place set for a public hearing on Ordinance No.1 084, entitled: ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, REQUIRING A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF ELECTRICAL WIRING, CREATING AN ADMINISTRATIVE OFFICE, DEFINING 1"" I ".j ~~ CERTAIN TERMS, ESTABLISHING MINIMUM REGULATIONS FOR THE INSTALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND THE INSPECTION THEREOF, PROVIDING PENAL TIES FOR ITS VIOLATION AND REPEALING ORDINANCE #1009 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH. Mayor MacNab opened the public hearing. Mr. Pete Peterson, Service Electric, stated that he has no objection to the adoption of the National Electrical Code, 1981 Edition. He does, however, object to the fee schedule I which is included in Ordinance No. 1084, which is based on the State's electrical inspection fee schedule. Mr. Peterson noted that the State's fees are high, due to the fact that the department is self-supporting and because the area to be covered is large, with very little construction which does not fall under a city's jurisdictional area. Mr. Peterson feels that a 200 percent increase is too much and is unreasonable. He stated that a small increase in fees could be accepted, but not so much all at once. Mr. Peterson also noted that the State fees on which the City's proposed fee schedule is based have just recently been raised. Mr. Peterson also noted that the City has income from other fees, which the State Electrical I n- spection Department does not. Bui Iding Official Gene Y de noted that the State would charge the same fees if the City did not inspect buildings within its jurisdictional limits. Mr. Yde also noted that these fees have been increased approximately 10 percent in the past eleven years. He feel s that the City should charge the same fees as the State for electrical inspections. Commissioner Mathre noted that the Building Inspection Department seems to be as self-supporting as possible. She questioned if it is possible that the proposed fee schedule I would allow for a profit by the City. Building Official Gene Yde stated that the Department has not shown a profit in the past. Commissioner Swanson asked if the bui Iding inspection fees had been increased recently. Bui Iding Official Y de stated that they had been increased within the past two years. Commissioner Vollmer noted that the increase in the bui Iding inspection fees was quite a large increase. Mayor MacNab requested that Bui Iding Official Y de prepare a breakdown of the fees, and a comparison of the income from these fees and the expenses of the Department before next week's meeting. Commissioner Swanson noted that he did not realize that all of the permits were dif- ferent, with separate charges involved. Mr. Peterson also noted that MSU now must purchase permits, which they did not have to do before, for new construction. Mr. Peterson noted that on these projects, they have been over-inspected by qualified inspectors. Commissioner Swanson asked if this ordinance is mandatory. I Building Official Gene Yde stated that the ordinance adopting the National Electrical Code, 1981 Edition, must be approved. He noted that the proposed fee schedule, however, does not need to be adopted. Mayor MacNab closed the public hearing. 135 A decision will be forthcoming in one week, pending receipt of the requested break- down of the income from the fees and the expenses of the Department. Petition for creation of SI D's - Valley Unit No.1, Phases II and III - Joe Sabol on behalf of Valley Unit Corporation - (City Mana er requests deferral until November 25, 1981, until a u ommission is present I City Manager Evans recommended that the consideration of a petition for the creation of SI D's in Valley Unit No.1, Phases II and III, by Joe Sabol on behalf of the Valley Unit Corporation, be deferred unti I November 25, when a full Commission will be present. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission defer consideration of a petition for the creation of Special Improvement Districts in Valley Unit No.1, Phases II and III, by Joe Sabol on behalf of the Valley Unit Corporation, until the regular meeting to be held on November 25, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Status report - Downtown Development Association - Urban Renewal Plan Mr. Tim Fitzgerald presented a status report on the progress of the Urban Renewal Plan, as proposed by the Downtown Development Association. Mayor MacNab asked if the boundaries of the proposed Urban Renewal District will fol- low the boundaries of the B-3 district. I Mr. Tim Fitzgerald stated that the boundaries of the proposed Urban Renewal District will extend outside of the B-3 district lines. Mayor MacNab noted that he has received telephone calls from several people who would be opposed to the extension of the Urban Renewal District beyond the limits of the B-3 district. Mr. Fitzgerald stated that the purpose of the public hearings to be held on November 17 and 18 is to answer any questions and concerns which people may have regarding this dis~ trict. He stated that the reason that the Urban Renewal District has been extended to cover such a large area is to help in the consideration of traffic flow problems within the downtown area. He expressed a desire to include all of the proposed areas in the Urban Renewal Plan if at all possible. Mayor MacNab asked if the City would lose taxes if a house is removed and a new dwelling of higher value bui It on that site. Mr. Fitzgerald stated that the taxes would be based on the difference in the value of the dwellings, and those taxes would go to the City under the tax increment program. Mr. Tim Fitzgerald presented to the Commission a draft of the goals and objectives for I the Urban Renewal Plan. Commissioner Mathre asked what demands would be placed on the people within this project area. Mr. Fitzgerald stated that, when there is a change in the use of a bui Iding, the people involved will be encouraged to follow the Urban Renewal Plan guidelines. However, nothing will be mandated. 1 .") l" H ~",," '.... City Manager Evans noted that he has received letters and petitions for and against the use of HUD funds for this project. Assistant City Manager Barrick noted that two letters have been received supporting the use of $10,000.00 in HUD funds for this project. He also stated that he has received one letter and a petition signed by 31 persons from the northeast section of the city, particularly around the Legion Housing area, protesting the expenditure of the $10,000.00 and stating I that the intitial intention was to expend these funds in the northeast sector of the city. The area in which the funds are to be used has since been changed. These protestors also feel that they should have been notified individually of the intention to use this money, and that public hearings should have been held. However, HUD says that public hearings are not necessary. The $10,000.00 in question does not come from any of the money which was to be spent in the northeast sector. Commissioner Mathre noted that she thought the City needed to hold a hearing to change the expenditure of the HUD funds. Barbara Agocs, Grants Coordinator, stated that she had been advised by HUD that, since these funds are considered surplus and the program is being closed in the near future, the City does not need to fi Ie an amendment or hold a publ ic hearing. She stated that she is getting pressure from HUD to close out the grant, as the City is now one year behind in closing the grant. Commissioner Swanson noted that this allows the City a chance to spend money that many can benefit from rather than a few. I Proclamation - "American Education Weekll - November 15-21, 1981 Mayor MacNab proclaimed the week of November 15-21, 1981, IlAmerican Education Week" in the City of Bozeman and urged all citizens to reaffirm their commitment to improving education on all levels, and to find out how they can personally be involved. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Discussion - Maintenance districts for snow removal on sidewalks, etc. City Manager Evans noted that the City Commission could consider the possibility or feasibility of allowing geographic areas in the city to petition for maintenance districts for snow removal and possibly other City services. He noted that the trend within cities is to create service districts for services that cannot be funded out of the general revenues of the City for providing additional services to areas that are affluent and want more services. The I City Manager feels that this is a way to provide services that the City cannot afford to provide city-wide. He noted that the City Commission may wish to advertise the possible creation of service districts if petitioned to do so. The City Manager feels that a minimum area should be established, based on the type of equipment and manpower necessary to complete the task. 137 Commissioner Vollmer stated that he would like to see a mill levy in areas which have sidewalks, to provide the service. This would allow uniform funding for uniform snow re- moval. City Manager Evans noted that one other means is available. The City can remove the snow and assess the property owners individually. He noted that this has not been done in I recent years. Commissioner Swanson asked if it would be possible to remove the snow this winter. He noted that it would be billed during next year. He asked if there are sufficient funds avai lable to wait a year for payment for this service. City Manager Evans stated that the City could finance the snow removal on a one-year basis and assess the charges on the taxes mai led out next October. Mayor MacNab suggested waiting for public reaction and, if interest is shown, set up guidelines for maintenance districts. Authorize call for bids - construction of parkin stalls for the Battered Women's Network shelter - rant City Manager Evans presented to the Commission a request for permission to Call for Bids for construction of parking stalls for the Battered Women's Network shelter, to be funded by the HUD Grant. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Call for Bids for construction of parking stalls for the Battered I Women's Network shelter, to be funded by the HUD Grant. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Authorize for Budget Amendments - - 40,000.00 Water to General - $57,368.00 Garbage to General - $21,307.00 The City Manager presented to the Commission three requests for Budget Amendments as follows: (a) Sewer to General $40,000.00 (b) Water to General $57,368.00 (c) Garbage to General $21,307.00 The City Manager stated that the purpose of these transfers of funds was to reimburse the General Fund from the various Enterprise Funds for administrative costs of those funds. City Manager Evans stated that these Budget Amendments had been prepared on the recom- mendation of the auditors. (a) It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that I the Commission authorize the Mayor to sign the Request for Budget Amendment from the Sewer Fund to the General Fund in the amount of $40,000.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer-, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. 1 ~q ~"'" '.. (b) It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Budget Amendment from the Water Fund to the General Fund in the amount of $57,368.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Com- missioner Swanson and Mayor MacNab; those voting No, none. (c) It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that I the Commission authorize the Mayor to sign the Request for Budget Amendment from the Gar- bage Fund to the General Fund in the amount of $21,307.00. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Authorize City Manager to sign - vehicle storage building lease with Pollard Finance, Inc. The City Manager requested the City Commission to authorize him to sign the agreement for the vehicle storage building lease with Pollard Finance, Inc., when the lease is completed. City Manager Evans noted that there were a couple of minor changes to be made in the lease prior to signing. These changes a re as follows: ( 1 ) change name of firm from Pollard Investments to Pollard Finance, Inc., and (2) change banking firm from one located in Rexburg, Idaho to one located in Bozeman. He stated that these changes would be completed within the next day or two. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission authorize the City Manager to sign the lease for the vehicle storage building, I pending the changes in the lease and upon the approval of the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Change date of Commission meeting - from Wednesday, December 23, 1981 to Tuesday, December 22, 1981 City Manager Evans stated, due to the fact that Wednesday, December 23, is close to Christmas and that many people travel to be with their families during the holidays, he would recommend that the Commission change the meeting date from Wednesday, December 23, to Tuesday, December 22. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission change the date of the regular City Commission meeting from Wednesday, December 23, 1981 to Tuesday, December 22, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Claims I Claims for the past two weeks were presented. The City Manager 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. 139 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commission Swanson and Mayor MacNab; those voting No, none. I Acknowledge report - Building Inspection Department for October 1981 City Manager Evans stated that the monthly report for the Bui Iding I nspection Depart- ment for October 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge the monthly report of the Building Inspection Department for October 1981 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 Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Report on traffic signals on West Main City Manager Evans stated that the Commission had considered a proposed Commission Resolution requesting the State Highway Department to consider more traffic control devices on West Main Street. On Thursday, at a regular monthly T AC meeting, the State Highway Department presented a report on the total traffic plan for the City of Bozeman. As a part of that plan, they acknowledge a problem at Fifteenth Avenue and Main Street; a traffic sig- I nal will be installed at Nineteenth Avenue and Main Street, as a result of the construction of North Nineteenth; the Traffic Engineer will add the intersection of West Babcock Street and West Main Street for consideration; and a traffic signal is being considered in the vicinity of the Main Mall. The City Manager stated that the concern of the State Highway Department at this time is the funding for the traffic signal in the vicinity of Main Mall. Mayor MacNab requested that the Staff check the conditions for the approval of the construction of Main Mall. He stated that he had requested that a clause be placed in the conditions that, if a traffic signal was required, the Main Mall Corporation would be required to pay their share, which would be approximately 50 percent of the costs. City Manager Evans stated that the Staff will search the conditions for the approval of the construction of Main Mall. Request - Frank J. Trunk & Son ~ One-year extension on the Prel iminary Plat for Rea Subdivision City Manager Evans presented to the Commission a request on behalf of Frank J. Trunk & Son for a one-year extension on the Preliminary Plat for Rea Subdivision. The City Manager stated that this had been before the City Commission last week, but had been de- I ferred for a period of one week, so that a legal opinion might be sought on this request. The City Manager stated that the County Attorney has rendered a legal opinion on this request: that only one extension of one year may be granted under the State Law. It is beyond the purview of government to grant more than one extension for the Preliminary Plat. As a result of this opinion, Mr. Trunk must get his Preliminary Plat filed by the deadline date of November 27, 1981. 1 L :,:] Adjournment - 2: 35 There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be adjou rned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commission Mathre, Commission Vollmer and Mayor MacNab; those voting No, none. I DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I