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HomeMy WebLinkAbout1981-11-18 1 L.1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 18, 1981 ************************* I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 18,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Vollmer. The minutes of the regular meeting of November 10, 1981, were approved as corrected. Consider bids - Garbage Division - Track type front end loader This was the time and place set for the consideration of the bid received for a track type front end loader for the Garbage Division. City Manager Evans stated that one bid had been received, from Tractor and Equipment Company, Billings, Montana, in the net amount of $58,000.00. This exceeds the budgeted amount by $13,000.00. The City can carry this balance until June 30, at an interest rate of 11 percent, and allow for this additional amount on next fiscal year's budget. The City Manager recommended that the City accept this bid, and enter into a short-term loan for the $13,000.00 at 11 percent with Tractor and Equipment. I Commissioner Stiff asked if the City Commission should amend this year's budget and asked if there are sufficient funds to cover such an amendment. City Manager Evans stated that the Garbage Fund is an enterprise fund, and it is running very close. He stated that a budget amendment could be approved, which would save the City $837.69 in interest charges. Commissioner Stiff then asked if there was not a definite purchase price listed after the lease period is expired. City Manager Evans stated that, on large pieces of equipment, generally the purchase price is figured on residual value at the time an entity wishes to purchase that equipment. There is no firm purchase price listed in the lease agreement. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission accept the bid from Tractor and Equipment Company, Billings, Montana, in the net amount of $58,000.00, and that the Staff be instructed to review the two methods of financing the purchase, i. e., budget amendment to this year's budget or budgeting the excess of $13,000.00 in the new fiscal year, and prepare a report for next week's City Commission meeting. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. - ~----- 1 L;~ ;,:: Discussion and possible decision - Ordinance No. 1084 - Adopt the "National Electrical Code, II 1981 Edition City Manager Evans stated that the City Commission had held a public hearing last week on Ordinance No. 1084, as prepared by the City Attorney, entitled: ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR I THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, REQUI RING A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF ELECTRICAL WIRING, CREATING AN ADMINISTRATIVE OFFICE, DEFINING CERTAIN TERMS, ESTABLISHING MINIMUM REGULATIONS FOR THE IN- STALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND THE INSPECTION THEREOF, PROVIDING PENALTIES FOR ITS VIOLATION AND REPEALING ORDINANCE NO. 1009 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH. The City Manager stated that objections had been received regarding the fee schedule which is proposed within this ordinance during the publ ic hearing. Commissioner Mathre noted in the past, the Building Inspection Department has been supported by the General Fund and stated that maybe this Department should be able to support itself with its income from the various fees which it charges. She also noted that it is difficult to isolate the one type of fee when four fees are involved with every house which is built, and a possibility of more fees being charged. Commissioner Swanson noted that, after reviewing the information submitted by the Building Official, the Department showed a deficit one year, and then showed a rather large surplus the next year. He stated that he cannot justify the requested 200 percent increase. The Commissioner stated that local government should be self-supporting, but should not be profit-making. I City Manager Evans noted that, when considering whether a department is being self- supporting or profit-making, one must consider the indirect costs involved, i. e., the floor space which the department is using, utilities, custodial services, administrative charges. Commissioner Swanson noted that the fees can be set at any time there is a need for an increase, rather than increase the fees in one jump whi Ie looking at future costs, rather than the costs at the present time. Commissioner Stiff asked the Bui Iding Official how the proposed fee schedule compares to those of other cities throughout the State. Building Official Gene Yde stated that he had not contacted any other cities around the State. He stated that the proposed fee schedule is simply based on the State's fee schedule. The Building Official noted a willingness to work with a phased increase in the fee structure. Commissioners Swanson and Mathre noted that they would also like to see a phased increase, rather than a 200 percent increase in one big jump. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Ordinance No. 1084, adopting the "National Electrical Code, II 1981 Edition, I without the proposed fee schedule. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Com- missioner Vollmer and Mayor MacNab; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that 1 L~ 3 the Commission approve an increase in the amount of 50 percent of the requested increase in electrical permit fees for the Building Inspection Department, to be effective beginning January 1, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. I Status report - Downtown Development Association - Urban Renewal Plan Mr. Tim Fitzgerald, Downtown Development Association, stated that the first of two public meetings was held on Tuesday evening. Approximately 100 people attended the meeting. Mr. Fitzgerald stated that he had also made a presentation to the Planning Board at its meeting on November 12. The Urban Renewal Plan should be completed during the first week of December. The Downtown Development Association would then request that the City Commis- sion hold a public hearing on the proposed plan on December 22, 1981. Commissioner Mathre noted that the Legislation approving of the Urban Renewal Plans was established in 1977, and has a life span of ten years. Unless Legislation is passed to extend the program, it will end in 1987. Mr. Tim Fitzgerald noted that the City of Bozeman will have a six-year Urban Renewal Plan unless the tax increment monies are used for the retiring of a bond issue. Commission Resolution No. 2362 - $10,000.00 from CDBG Grant to Urban Renewal Plan .. . I City Manager Evans presented Commission Resolution No. 2362, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2362 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN PROVIDING THAT $10,000.00 OF SURPLUS FUNDS IN THE SMALL CITIES GRANT PROVIDED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BE REDIRECTED TO THE DOWNTOWN DEVELOPMENT ASSOCIATION FOR PURPOSES OF PLANNING FOR THE PROPOSED RE- VITALIZATION OF THE DOWNTOWN AREA OF THE CITY OF BOZEMAN THROUGH AND URBAN RENEWAL DISTRICT. City Manager Evans noted that this step is the formal approval of the award of $10,000.00 in CDSG monies to the Downtown Development Association for the preparation of an Urban Renewal Plan, and recommended adoption of the Resolution. A representative of the Northeast Neighborhood Alliance protested this appropriation of funds. She stated that the money could have been used to make a small park by Legion Housing. She stated that the original plans for the Block Grant included a park in this area; and she protests the use of these funds in this manner. Mrs. Barbara Agocs, Grants Coordinator, stated that originally the Grant was set up for the target area to be located in the northeast sector of the city. As the prog ram pro- I gressed, more applications for the funds were received from outside the target than inside. Mrs. Agocs stated that the City received permission to rescind the target area. If many ap- plications were received, those within the original target area would be considered first. The amendment (submitted in July 1981) included the downtown area. This removed any target area within the city. Mrs. Agocs also stated that the park included in the original plan was 1 L~!.; to be on the land where the Legion Housing is presently located, not in the area next to the Legion Housing. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2362, redirecting $10,000.00 in surplus funds in the Small Cities Grant to the Downtown Development Association for use in the preparation of an Urban Renewal Plan. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commission Resolution No. 2363 - Sale of surplus Library furniture and equipment City Manager Evans presented Commission Resolution No. 2363, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2363 A RESOLUTION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL CERTAIN SURPLUS ITEMS FROM THE OLD PUBLIC LIBRARY TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. City Manager Evans stated that the Montana Code Annotated permits one governmental entity to sell surplus equipment to another governmental entity without going out for bids. He stated that the Staff feels that the offer received from the Anderson School District No. 41 is a fair offer, and that it is in the best interests of the City to dispose of these specific items of furniture and equipment in this manner. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the I Commission adopt Commission Resolution No. 2363, providing for the sale of surplus Library furniture and equipment to Anderson School District No. 41. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Parade - First Winter Carnival - February 5, 1982, at 5:30 p.m. City Manager Evans presented to the Commission a request for permission to conduct the First Winter Carnival parade on Friday, February 5, 1982, at 5:30 p.m. The City Manager concurred in the recommendation of the Police Chief that this request be denied based on the fact that this is a high traffic time and it is dark. Mr. Fred Bell, a member of the Fi rst Winter Carnival Committee, stated that the Com- mittee is now aware that this is not a good time. They propose changing the date and time to Thursday, February 4, 1982, at 6:30 p.m. Mr. Bell stated that he has spoken with the Police Department, and they have no objections to the new time. Mayor MacNab noted that 6: 30 p. m. is during the dinner hour and suggested that the parade begin at 7:00 or 7:30 p.m. Also, he suggested the possibility of involving the down- I town merchants and having the stores open during that time to attract more people to the area. City Attorney Planalp noted that the destination of the parade would be either Lindley Park or the Fairgrounds and asked Mr. Bell if a decision had been reached on which site 1 L~ 5 would be used. Mr. Bell stated that the parade would end at the Fairgrounds. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request for the First Winter Carnival parade, to be held on Thursday, February 4, 1982, at any time after 6:30 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner I Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize Mayor to sign - Grant Agreement, Step 2 - with EPA City Manager Evans presented Grant Agreement, Step 2, for the revision of Phase II plans and specifications for the Wastewater Treatment Plant, to be submitted to EPA, and recommended that the Comm ission authorize the Mayor to sign these documents. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Grant Agreement, Step 2, for the revision of Phase II plans and specifications for the Wastewater Treatment Plant, in the amount of $32,000.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Amendment No. 12 to Engineering Contract with Thomas, Dean and reatment lant expansion The City Manager presented to the Commission, Amendment No. 12 to the Engineering I Contract with Thomas, Dean and Hoskins for Phase II of the Wastewater Treatment Plant Ex- pansion. The City. Manager recommended authorizing the Mayor to sign this Amendment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign Amendment No. 12 to the Engineering Contract with Thomas, Dean and Hoskins for Phase II of the Wastewater Treatment Plant expansion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Authorize Call for Bids - Reach, Inc., renovation City Manager Evans presented to the Commission a request for permission to Call for Bids for renovation of the structure purchased with CDSG monies for Reach, Inc. This structure requires adaptation to allow access to handicapped persons. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Call for Bids for renovation of the structure purchased with CDBG monies for Reach, Inc., to allow access by handicapped persons. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Authorize Call for Bids - Battered Women's Network Shelter Rehabilitation City Manager Evans presented to the Commission a request for permission to Call for 148 Bids for the rehabilitation of the property located at 1022 South Fifth Avenue, which was purchased with CDBG monies for use as a Battered Women's Network Shelter. The City Manager stated that this rehabilitation has an estimated cost of $33,000.00, which will be also paid from the CDBG monies. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the Call for Bids for the rehabilitation of the property purchased with I CDBG monies, to be used for a Battered Women's Network shelter. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Application for Raffle License - Gallatin Valley Snowmobile Association - December 19, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of Gallatin Valley Snowmobile Association for a raffle to be held on December 19, 1981. To be raffled are half of a beef, valued at $350.00, and four $25.00 Cashier's checks. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for a raffle license on behalf of Gallatin Valley Snowmobile Association for a raffle to be held on December 19, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Absence of Commissioner Swanson November 25, 1981 I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commis- sioner Swanson be excused from the November 25, 1981 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 Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Absence of Commissioner Stiff - December 2, 1981 - Attendance at the National Congress of Cities in Detroit The National Congress of Cities convention is scheduled to be held in Detroit, Michigan, on November 29 thru December 5, 1981, and Commissioner Stiff asked to be excused on Wednesday, December 2, 1981 in compliance with Section 7-3-4349, M.C.A. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commis- sioner Stiff be authorized to attend the conference and, it being in the public interest, his expenses be paid out of the appropriate fund; and that, as per established policy, he be paid the normal sum for this meeting as he is on official City business. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, I Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Discussion - Sewer and Water Revenue Bonds City Manager Evans stated that recent actions by EPA have reduced the requirements 147 placed on the Wastewater Treatment Plant. Also, Mr. Tom Thomas, from Thomas, Dean and Hoskins, has done an analysis of the funds on hand and the revenues to be produced during this fiscal year. Mr. Thomas feels that the City has sufficient monies on hand and to be produced to carry out the City's responsibility of paying 25 percent of the costs for the Wastewater Treatment Plant expansion without going out for a Sewer Revenue Bond issue. I The City Manager feels that the public should take notice of this, since the City originally planned to go out for a $1,000,000.00 Sewer Revenue Bond issue. The City Manager then stated that the Water Revenue Bond issue will be approximately $5,000,000.00. He requested that the Commission authorize Boettcher and Company, Denver, Colorado, to proceed with the preparation of a prospectus and set the date for the sale of Water Revenue Bonds, to be used for the updating of the City's water system. City Manager Evans stated that the public should be made aware that, with both the sewer system and the water system updated, the City of Bozeman wi II have the most modern and up-to-date water and sewer systems in the State. Commissioner Stiff noted that it is great for the City to be able to stay out of the financing business whenever possible with the interest rates as high as they are right now. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize Boettcher and Company, Denver, Colorado, (the City's financial consul- tants) to proceed with the preparation of a prospectus for the Water Revenue Bond Sale, in the approximate amount of $5,000,000.00. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Information Item - Exit Conference - Water and Sewer Audits - Scheduled for November 25, 1981 City Manager Evans stated that the Exit Conference on the Water and Sewer Audits, with Coopers and Lybrand, has been tentatively scheduled for the regular City Commission meeting to be held on November 25, 1981. He stated that the audit firm has requested that they be first on the agenda, due to travel schedules. The Mayor instructed the Staff to place the Exit Conference as the first item on the agenda for the meeting of November 25, 1981. Acknowledge Statements of Completion - (a) SID No. 630 - Pavin , Universit (b) Sanitary Sewer Improvements, c edu e I (c) Sanitary Sewer Improvements, Schedule III, Hyalite Interceptor City Manager Evans presented to the Commission three Statements of Completion, as prepared by the engineers of Thomas, Dean and Hoskins, Inc., notifying the City that the following have been completed in accordance with plans and specifications: (a) SID No. 630 I for paving in University Square; (b) sanitary sewer improvements, Schedule II; and (c) sanitary sewer improvements, Schedule III, Hyalite Interceptor. The City Manager recommended that the Commission acknowledge these three Statements of Completion. This final acceptance does not relieve the contractor of responsibility of negligence or faulty materials or workmanship within the standard period provided for by law. The con- 1 I.~ p -l> "'''.! tractor has furnished a performance bond equal to contract bid to guarantee materials and workmanship for a one-year period to commence upon final acceptance. Also, the contractor for SID No. 630 has been requested to furnish the City a Certificate of Deposit in the amount of $1,500 to cover cleanup items. (a) It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the Statement of Completion for SID No. 630, for paving in Univ- I ersity Square. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. (b) It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission acknowledge the Statement of Completion for sanitary sewer improvements, Schedule II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. (c) It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission acknowledge the Statement of Completion for sanitary sewer improvements, Schedule III, Hyalite Interceptor. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Application for Raffle License - M.S.U. Women International - November 24, 1981 I City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of M. S. U. Women I nternational for a raffle to be held on November 24, 1981. To be raffled are two tu rkeys (15 pounds and 20 pounds), valued at approximately $50.00. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for a raffle license on behalf of M. S. U. Women I nterna- tiona I for a raffle to be held on November 24, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Appl ication for Raffle License - Future Secretaries Association - December 15, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of the Future Secretaries Association for a raffle to be held on December 15, 1981. To be raffled is a $50.00 Gift Certificate. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for a raffle license on behalf of the Future Secretaries I Association for a raffle to be held on Decembeer 15, 1981. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. 149 File report - Building Inspection Department for October 1981 City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for October 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I monthly report of the Building I nspection Department for October 1981 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Executive Session - 2:45 p.m. Mayor MacNab call for an Executive Session for the purpose of discussing personnel matters and requested that all be excused except the City Manager, Assistant City Manager, City Attorney and Clerk. Mayor MacNab requested that all others please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting. Adjournment - 3:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye. being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I -