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HomeMy WebLinkAbout1981-11-25 1 c' '",,) '.,,' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 25, 1981 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 25,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner I Vollmer, Commissioner Stiff, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Swanson was excused, in com- pliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff. The minutes of the regular meeting of November 18, 1981, were approved as submitted. Exit Conference - Coopers and Lybrand - FY 1981 Water and Sewer Audits Mr. Nick Gray, Coopers and Lybrand t stated that the opinion given on the audit reports for both the Water and Sewer Funds were clean or unqualified for the year ended June 30, 1981. He stated that the audit statement also gives a clean or unqualified opinion on the June 30, 1980, balance sheet. Mr. Gray also noted that the audit statement does contain a paragraph that addresses the disclaimer in the audit statement for Fiscal Year 1980. The audit has been completed approximately seven weeks ahead of schedule. Mr. Gray also noted that Coopers and Lybrand is on budget for the number of hours and fees required. I Mr. Gray noted that this is due, in large part, to the efforts of Director of Finance Amy Swan, Controller Ken Vail and City Engineer Arthur Van1t Hul. Mr. Gray has reviewed the audit with City Manager Evans and Director of Finance Swan, and the internal control letter would be formally submitted next week. Commissioner Stiff noted the $12 mj lIion in fixed assets for the Water and Sewer funds and asked Mr. Gray if the auditors were satisfied that the figures were correct. Mr. Gray stated that they had reviewed the records and are satisfied that the figures submitted were reasonably accurate. He also noted that they have established procedures to be followed for fixed assets records for the entire City. Commissioner Stiff asked if it would be appropriate to ask for an engagement proposal for the audit for Fiscal Year 1982. Mr. Gray feels that it is appropriate. He feels it would be beneficial to keep the mo- mentum and begin preparations for the Fiscal Year 1982 audit. Commissioner Vollmer noted appreciation for the input from Harry Newlon and Gil Crain on the Audit Committee. Commissioner Mathre asked if the Audit Committee would recommend an audit firm to I the City Commission for the next fiscal year. Commissioner Stiff noted that this recommendation will be made after an audit proposal is received. City Manager noted that, initially, a three-year engagement proposal with Coopers and 151 Lybrand was established. He stated that this next year will be the third year. The City Commission should first consider the proposal submitted by Coopers and Lybrand. If this proposal is rejected, it will open the audit proposals to other audit firms. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission request Coopers and Lybrand to submit a letter to Director of Finance, priori- I tizing those items for next year1s audit, and submit a proposal to the City Commission for the audit for Fiscal Year 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Consideration of - Petition for creation of SI D's - Valley Unit No.1, Phases II and III - Joe Sabol on behalf of Valley Unit Corporation Mayor MacNab stated that, because of information he had received, he would request that this matter be continued for an indefinite period. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission continue, for an indefinite period, consideration of a petition for creation of SI D's in Valley Unit No.1, Phases II and III as submitted by Mr. Joe Sabol on behalf of the Valley Unit Corporation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I Status report - Downtown Development Association - Urban Renewal Plan Mr. Tim Fitzgerald stated that the Downtown Development Association is in the process of writing the narrative for the Urban Renewal Plan. He noted that they hope to have a copy to the City Commission when the notice is printed in the newspaper on December 4, 1981 . Commissioner Stiff noted that, once the base is established, the tax receipts will re- main the same for the next few years. He further noted that, during that time, the services furnished by the various taxing authorities, if they remain the same, will cost more money. This would cause the rest of the City, in part, to subsidize the services to the downtown area for the next six years. Mr. Fitzgerald stated that this would be true only if the mill levy is increased to main- tain the services. Commissioner Stiff also noted that, during the next few years, there will be more fiscal problems than the City will ever have again. He stated that the City Commission must consider the impact over the short term, as well as the long term. Mr. Fitzgerald stated that the City may be able to use tax increment monies for I projects in the downtown area that would otherwise use General Fund monies, i.e., alley improvements and street maintenance. Commissioner Stiff asked if it would be possible to bui Id a 10 percent increment into the plan. Mr. Fitzgerald stated that it could be done, but he wouldn't recommend it. This could 1 ~ ,,~ .,. ....'1" f_ possibly hurt the Urban Renewal Plan if they tried to sell bonds for some specific purpose. Commissioner Stiff expressed a concern about the judgment calls that the City Commis- sion would be required to make in this district. Mr. Fitzgerald stated that the Downtown Development Association would accept the ad- visory capacity for the day-to-day operations of the district and bring recommendations to the City Commission. I Commissioner Mathre asked how specific the plan will be. Mr. Fitzgerald stated that no specific structures will be listed in the plan. He stated that they have noted nonconforming uses and those needing rehabilitation, as required by the law. This does not mean that a project is being planned for those structures. Commissioner Mathre asked what happens during the next year, when no tax increment monies are available. Will requests be made for monies to begin within this fiscal year? Mr. Fitzgerald stated that there could be. He also noted that CDBG monies may be available for the Urban Renewal Plan. If the plan is being implemented, the City of Bozeman will have a better chance of obtaining this form of funding. City Manager Evans asked the City Commission to set a time on December 22 for the public hearing on the Urban Renewal Plan. Following a brief discussion, it was moved by Commissioner Vollmer, seconded by Com- missioner Stiff, that the Commission set the time and place for the public hearing on the Urban Renewal Plan at 1:15 p.m. on Tuesday, December 22,1981, in the City Commission Room. The motion carried by the following Aye and No vote: those voting Aye being Commis- I sioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No being Commissioner Mathre. Mayor MacNab requested that the public hearing be listed as Item No. 3 on the agenda and that the remainder of the agenda be kept as short as possible. Commission Resolution No. 2364 - Administrative charges on Enterprise Funds City Manager Evans presented Commission Resolution No. 2364, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2364 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING AND APPROVING AN ADMINISTRATIVE CHARGE TO THE ENTERPRISE FUNDS FROM THE GENERAL FUND. City Manager Evans noted that the three Enterprise Funds are the Water, Sewer and Garbage. The City Manager stated that these administrative charges must be charged against the Enterprise Funds to keep their integrity and so they are self-supporting. This charge has been assessed in the past, and this would formalize the procedure utilized. The City Manager noted that the auditors had recommended adoption of such a Resolution. I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission adopt Resolution No. 2364, approving an administrative charge on Enterprise Funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 153 Commission Resolution No. 2365 - Establishing a uniform travel policy City Manager Evans presented Commission Resolution No. 2365, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2365 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, ESTABLISHING A UNIFORM TRAVEL POLICY FOR ALL MUNI- CIPAL OFFICERS AND EMPLOYEES. City Manager Evans noted that this proposed travel policy had been before the Commission previously. The City Manager stated that some concern had been expressed regarding the rates proposed for out-of-state travel. He stated that another section has been added to the proposed resolution to provide for contingencies. He noted that the proposal is simply to establish a normal ceiling for City travel. Commissioner Stiff suggested having internal control and, if the travel expenses pass scrutiny, let it go. City Manager Evans stated that this leaves the expenses to the discretion of an auditor, and he is not always comfortable with one person's judgment factor. This proposed travel policy would establish a process and give a guideline for travel. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2365, establishing a uniform travel policy. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Commissioner Stiff; those voting No being Commissioner Vollmer and Mayor MacNab. I The Commission then instructed the City Staff to place this matter on the agenda for consideration by the new Commission. Commission Resolution No. 2344 - I ntent to Create SI D No. 640 - Water main in Bridger Center, Public hearing December 16, 1981 City Manager Evans presented Commission Resolution No. 2344, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2344 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 640 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES IN BRIDGER CENTER SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO IN- CLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE WATER MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. Commissioner Mathre asked if any of the people involved in this requested Special Im- provement District has any delinquent SID's. I City Manager Evans stated that the City Staff would research the matter and prepare an answer prior to the publ ic hearing. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2344, intention to create SID No. 640, for a water main in Bridger Center Subdivision. The motion carried by the following Aye and No 1 ~! , <""'1' ' ~ vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Commission Resolution No. 2366 - 6 Percent Administrative Charge on S I D's City Manager Evans presented Commission Resolution No. 2366, as prepared by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2366 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AUTHORIZING THE CITY OF BOZEMAN TO INCLUDE AS AN EXPENSE IN THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT CERTAIN INCIDENTAL EXPENSES REQUIRED AND ALLOWED BY LAW. City Manager Evans stated that this resolution is a formalization of a process which has been followed for years within the City. The City Manager noted that once an SID is created, the assessment is spread over twenty years. This creates administrative costs, which should be paid by the SID. Mayor MacNab asked if this administrative charge is based on the estimated amount of the SID or on the actual amount. He also asked the Staff to check this matter. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission adopt Commission Resolution No. 2366, establishing a 6% administrative charge on all newly created Special Improvement Districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Ordinance No. 1085 - Dog Ordinance Revision I City Manager Evans presented Ordinance No. 1085, as prepared by the City Attorney, entitled: ORDINANCE NO. 1085 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A DOG AND ANIMAL CONTROL LAW BY REGULATING THE KEEPING OF DOGS AND OTHER ANIMALS; FOR INSPECTION AND PREVENTION OF RABIES IN DOGS; DEFINITIONS; LICENSING AND REGISTRATION; TAG AND COLLAR; NUMBER OF DOGS; ANIMALS AT LARGE; NUISANCE ANIMALS; IMPOUNDING OF DOGS; NOTICE AND REDEMPTION; DISPOSITION OF UNREDEEMED ANIMALS; INVESTIGATION PROCEDURE; SEVERABILITY CLAUSE; AND REPEALING ORDI NANCE NOS. 822, 857, 937 AND 1035 OF THE CITY OF BOZEMAN, MONT ANA. _ City Attorney Planalp stated that, basically, the City Judge construed the present dog ordinance in a manner which the Prosecution does not agree with. The controversial portion of the ordinance has been removed. The City Attorney also noted that this ordinance will not become effective for thirty days after its adoption. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1085, revising the present dog ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, I Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Proposed Ordinance - Reconsider salary of Director of Finance City Manager Evans presented a proposed ordinance, entitled: 155 ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING OR- DINANCE NO. 1074 AND REVISING THE MONTHLY SALARY OF THE DIR- ECTOR OF FI NANCE. City Manager Evans noted that the City Commission had set the Di rector of Finance's salary, to be reviewed after six months. He recommended that the Commission adopt the I proposed ordinance, which would give Di rector of Finance Swan a 10 percent increase in her salary. Commissioner Stiff noted he had been hesitant in raising her salary too much, too fast. He stated he was pleased to state that he had been wrong; and that it is good to see such good work being performed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Ordinance No. 1086, revising the salary of the Director .of Finance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request permission to attend - Arthur W. Van't Hul and Clinton Gee - Asphalt Institute seminar - Helena, Montana - December 1, 1981 City Manager Evans presented to the Commission a request on behalf of City Engineer Arthur Van1t Hul and Clinton Gee for permission to attend an Asphalt Institute Seminar to be held in Helena, Montana, on December 1 , 1981. The City Manager recommended approval of the request. I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the request on behalf of City Engineer Arthur Van't Hul and Clinton Gee for permission to attend a Asphalt I nstitute seminar in Helena, Montana, on December 1, 1981 and, it being in the public interest, the expenses be paid from the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize purchase - Park Department - Tractor Mower City Manager Evans presented to the Commission a request on behalf of the Park Department for authorization to purchase a tractor mower. The City Manager noted that the purchase is under $10,000.00, so bids are not required. Only one quotation has been re- ceived on this mower, as there is only one dealer in the state. The City Manager recommended that, in the absence of three quotations, the Commission authorize the purchase of this trac- tor mower. He also noted that this is a budgeted item. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the purchase of a tractor mower for the Park Department, as per the I quotation received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. 1 r.: C' _.), 4,... ~ Financing of $13,000.00 balance on Track type front end loader for the Garbage Division City Manager Evans stated that the bid award for the leased track type front end loader for the Garbage Division had exceeded the budgeted amount by $13,000.00. T he Com- mission had directed the Staff to review the options for financing and propose the alternative they felt best. The City Manager stated that, after consultation with the Director of Finance, the Staff would recommend financing of the $13,000.00 balance with Tractor and Equipment at I 11 percent simple interest for a period of seven months, and budget for the balance in Fiscal Year 1982. City Manager Evans noted that the Garbage Fund is marginal, and to register warrants within the City would be at the rate of 12 percent interest. Commissioner Stiff noted that this financing shows the need for a five-year capital im- provement budget. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission instruct the City Staff to proceed with the financing of the $13,000.00 balance on the track type front end loader for the Garbage Division with Tractor and Equipment at a rate of 11 percent simple interest for a period of seven months, and that the balance be in- cluded in the Fiscal Year 1982 budget. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Authorize to si n - Request for Bud et Amendment - 5,000.00 from General und to Library und - for books $4,275.00 from General Fund to LIbrary Fund - for cleaning I City Manager Evans stated that the City has recently received a $5,000.00 donation from George and Ruby Stublar for the purchase of Library books. This was receipted into the General Fund, as required by law. This budget amendment would transfer the monies from the General Fund into the Library Book Fund. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer $5,000.00 from the General Fund to the Library Book Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. City Manager Evans stated that the cost of the cleaning services for the Library had not been included in the budget because at that time the cost was not known. He stated that this would transfer monies from the General Fund to the Library Cleaning Expense Fund. I t was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer $4,275.00 from the General Fund to the Library Cleaning Expense to pay for the contracted janitorial services. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. 157 Authorize Mayor to sign - Contract Documents for Sludge I njection Equipment - Waste Water Treatment Plant City Manager Evans presented the Contract Documents for the Sludge I njection Equip- ment for the Waste Water Treatment Plant and recommended that the Commission authorize the Mayor to sign them. These Contract Documents are for the Nurse Trucks and Trailers and I the Service Truck. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commisison authorize the Mayor to sign the Contract Documents for Sludge Injection Equip- ment for the Waste Water Treatment Plant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Authorize Mayor to si~n - Change Order No.1 - Sludge Injection Equipment, Nurse Trucks and Service Truck - aste Water Treatment Plant - $4,810.80 The City Manager presented to the Commission Change Order No.1 for Sludge Injection Equipment, Nurse Trucks and Service Truck for the Waste Water Treatment Plant in the amount of $4,810.80. City Manager Evans noted that this Change Order is in two parts, be- cause two separate companies are involved. He further noted that the State of Montana De- partment of Health and Environmental Sciences has indicated that they will approve the re- quested changes. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- I mission authorize the Mayor to sign Change Order No. 1 for Sludge Injection Equipment for the Waste Water Treatment Plant, in the amount of $4,810.80, contingent upon approval from EPA. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize Mayor to sign - Change Order No. 1 - Sanitary sewer improvements, Schedule II - No change to contract price The City Manager presented to the Commission Change Order No. 1 for sanitary sewer improvements, Schedule II, with no change to contract price, but wi II provide a 33-day ex- tension on the contractor's time due to a delay in the arrival of safety barricades. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign Change Order No. 1 for sanitary sewer improvements, Schedu Ie II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. I Authorize Mayor to si n - lease with Chicago, Mi Iwaukee, St. Paul and Pacific Rai Iroad ompany - site or public park IS pond at ind ey ar City Manager Evans presented to the Commission a lease with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for approximately 3.6 acres of land in Lindley Park where the fishing pond is located. The City Manager stated that this is a one-year extension of a lease which the City currently has. 158 Mayor MacNab suggested the City Staff may consider an attempt to negotiate for the purchase of the land in the future, rather than leasing it. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Mayor to sign the one-year lease, at a rental cost of $200.00 per year, with the Chicago, Mi Iwaukee, St. Paul and Pacific Rai Iroad Company for approximately 3.6 acres of land located in Lindley Park, where the fishing pond is located. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Application for Raffle License - MSU Bowling Team - December 9, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of M.S.U. Bowling Team for a raffle to be held on December 9, 1981. To be raffled is art valued at $200.00. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commis- sion approve the application for a raffle license on behalf of M. S. U. Bowling Team for a raffle to be held on December 9, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager had checked the I claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. 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, Commissioner Stiff and Mayor MacNab; those voting No, none. Adjournment - 2 :55 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 ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vol/mer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB I Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission