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HomeMy WebLinkAbout1982-01-13 229 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 13, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 13, 1982, at 1 :15 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Plana Ip and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of January 6, 1982, were approved as corrected. Developing an Adminstrative Charge Rate for Centralized Services City Manager Evans stated that the City is now charging an administrative charge against the Water, Sewer and Garbage Funds at a fixed rate. He noted that a study has not been done or documentation prepared to justify these charges. The City Manager noted that this proposal would be to develop documentation to justify the rate being charged to the Enterprise Funds. Mr. Gil Crain noted that the auditors have questioned the validity of the percentages being used by the City for administrative charges. He stated that it wi II take time to get into the accounting records and meet with the City Engineer. He noted that one of the I reservations of the past Commission was the cost involved. He stated no objection to the Commission setting a dollar amount not to be exceeded. Mr. Crain noted that his proposal contains two parts. One part can be done rather quickly and involves researching the accounting records of the City. The other part will take a much longer period of time, as he will ask the major department heads to record how much time should be charged out against the various enterprise funds. He noted that this will take approximately one year. Mr. Crain stated that within two or three months, he wi II be able to tell if the 6 percent being presently used is significantly high or low. Mayor Stiff noted that Mr. Crain has done rather extensive studies, both within and outside of Montana and has a basis for equating figures arrived at with a number of other municipalities. He stated that this study should help in establishing credibility for the figures used. Mayor Stiff then noted that the Commission must decide if it will set a dollar amount not to be exceeded, or if it would prefer to direct the City Manager to monitor the progress of the study and the Commission receive monthly reports. Mr. Crain noted that he is beginning to get a statistical study started. He noted that I he should be able to begin seriously working on the study sometime this week or next week. Mayor Stiff asked if this study could be helpful in this year's audit. Mr. Crain stated that he intends to have the first part almost totally completed in May or June. ,., '1 ....... '''~ '\v" '_/ It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct Mr. Gi I Crain to develop a rate for administrative charges to the various enterprise funds, and that monthly progress reports be given to the Commission. 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 Briefing on Bozeman Centennial Celebration Mr. Duncan MacNab gave a brief summary of the activities of the Bozeman Centennial Committee as of this date. Mr. MacNab noted that the Centennial activities will begin on January 1, 1983, with trade dollars being issued and used within Bozeman, and will end on July 4, 1983 with an addition to the fireworks display presented each year. At the present time, there are 110 people involved on 11 different committees. Mr. MacNab noted that the Centennial festivities will terminate in July so that it does not detract from the Sweet Pea activities. The goal of the Bozeman Centennial Central Committee is to raise $50,000.00 for cen- tennial activities. Monies wi II be raised through donations, the sale and use of trade dollars and the sale of Bozeman Centennial belt buckles. Any monies remaining after the close of the centennial activities wi II be donated to the Museum of the Rockies, to be dedicated to a display on Bozeman. The funds for the Bozeman Centennial are being handled through the City of Bozeman, I via a trust fund which was created by the old City Commission. The Central Committee of the Bozeman Centennial will approve all disbursements, with a check being written upon the trust fund account by the City of Bozeman. City Manager Evans stated that he would pursue the arrangements for disbursement of funds. He also suggested that a separate checking account be establ ished with separate checks so that this is recognized as a separate function. Mayor Stiff noted that the new City Commission may desire to concur with the financial arrangements which were made by the old City Commission. Commissioner Weaver requested that the City Manager prepare a basic proposal on how he proposes to administer the funding for the Bozeman Centennial. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission direct City Manager Evans to prepare a proposed procedure of accounting for the Bozeman Centennial Trust Fund, to be presented to the City Commission in two weeks. 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 Ordinance No. 1092 - Zone Code Amendment - Sections 18.76. 1 00, 18.76. 150, 18.76. 160 - Townhouse modifications (approved February 18, 1981) City Manager Evans presented Ordinance No. 1092, as prepared by the City Attorney entitled: 231 ORDINANCE NO. 1092 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.69.180,18.76.100,18.76.150,18.76.160, 18.84.040 AND 18.84.050 OF THE BOZEMAN MUNICIPAL CODE PROVIOING FOR MODIFICATIONS TO THE TOWNHOUSE DEVELOPMENT STANOAROS AND RELATED SECTIONS OF TITLE 18 IN THE CITY OF BOZEMAN, MONTANA. Assistant City Manager Barrick noted that this is the last of several house cleaning I items in the Zone Code which were approved by the City Commission almost one year ago. He noted that the report from the Planning Staff notes the additions, deletions and corrections which are proposed. He noted that this report was received prior to the adoption of the changes by the old City Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Ordinance No. 1092, amending Sections 18.69.180,18.76.100,18.76.150, 18.76.160, 18.84.040 and 18.84.050 of the Bozeman Municipal Code, providing for modifications to the townhouse development standards. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1093 - Setting of City Commissioners I Salaries City Manager Evans presented Ordinance No. 1093, entitled: ORDINANCE NO. 1093 AN OROINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF I BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1093, setting of City Commissioners' salaries. 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. Commission Resolution No. 2387 - Setting of time for regular City Commission meetings City Manager Evans presented Commission Resolution No. 2387, entitled: COMMISSION RESOLUTION NO. 2387 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. Commissioner Anderson asked if a rigid policy should be set for those meetings which fall on Monday holidays. City Manager Evans stated that he prefers to have the date flexible. He noted that the holidays can be anticipated and an alternate date set, with the proper notice being made. I The setting of a rigid policy can create conflicts. Mayor Stiff noted that, although it was not a part of the motion, the discussion had suggested that this be considered for a trial period. He also noted that there is no reference to that trial period in the Commission Resolution. The Mayor further noted that he feels that there will never be a short Commission meeting. He noted that what could be completed in one hour may well take two thirty-minute sessions with the new schedule. '1,.,.-, .,j C The Mayor further noted that he has spoken with three people on the City Staff about how compensatory time would be taken. He stated that the Clerk of the Commission has a week of vacation she must take or lose; the City Manager has in excess of 20 days of vaca- tion to take or lose; and the Assistant City Manager is in between. He does not see how compensatory time can be taken by those who are already about to lose vacation time. Commissioner Vant Hull stated that it may be possible to eliminate some of the evening I sessions and hold evening meetings on Iy when an intense public interest item is on the agenda. Mayor Stiff suggested that agendas for no more than two weeks per month contain public interest items. Commissioner Weaver noted that this scheduling would become the City Manager's responsibi lity. City Manager Evans noted that he would prefer the Commission Resolution be slightly rewritten. He noted that the present City Commission and City Staff know what it means, but others may not understand it totally. City Attorney Planalp noted that two types of items will be held during the 7:00 p.m. session: (1) public hearings; and (2) public interest items. He stated that the scheduling of these items should be consistent, or it becomes a discretionary or judgmental scheduling. He further noted that probably 60 percent of public hearings held are initiated by one person, and no protests are received. Commissioner Weaver asked if the City Commission is doing justice to the publ ic by holding public hearings during only two meetings during the month. I City Manager Evans noted that one week is not a long delay for any item that is of a significant public nature. City Attorney Planalp suggested that the wording in the first paragraph be changed to read as follows: II .., beginning at 4:00 p.m. to conduct the routine matters, recess, adjourn and/or reconvene at 7:00 p.m. II . . . It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2387, setting the time for the regular City Com- mission meetings, with the change in wording as recommended by the City Attorney. 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. Commission Resolution No. 2365 - Establishing Uniform Travel Policy for City Employees City Manager Evans presented Commission Resolution No. 2365, 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 MUNICIPAL OFFICERS AND EMPLOYEES. City Manager Evans noted that this had previously been before the old City Commission, and recommended that the Commission Resolution be adopted. 233 Mayor Stiff stated that this Resolution gives the implication the City will pay the figures listed, whether that amount is spent or not. He suggested that the heading be changed to reflect the fact that only actual expenses will be reimbursed, not exceeding the figures established. The Mayor further noted that, had he been travel ing under this Commission Resolution, without the authorization to exceed these figures, he would have been I reimbursed for approximately 75 percent of his expenses. He noted that it is extremely im- portant to receive the authorization to exceed these figures prior to travel. City Manager Evans stated that the figures used within this Commission Resolution are those established by the State of Montana for its employees. He then suggested the addition of the words "Actual Expenses, but not to Exceedll as a header above the columns for In State and Out of State expenses. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2365, establ ishing a uniform travel policy for City employees, with the addition of the header "Actual Expenses, but not to Exceed" above the columns headed In State and Out of State expenses. 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. Discussion - Proposal for American Legion Housing Land Lease - Block 38 of Imes Addition City Manager Evans stated that the land on which the American Legion temporary I housing is located is owned by the City of Bozeman and is leased to the American Legion. The City Manager noted that the present lease is automatically renewed on March 28 of each year unless one of the parties notifies the other party that it desires to terminate or negotiate the lease. City Manager Evans noted that this item was to appear on the agenda for this date, along with his recommendation that the lease be terminated immediately. During the past week, the American Legion submitted to the City of Bozeman a proposal for a three and one-half year lease, after which the housing would be demol ished or removed from the site. City Manager Evans stated that many people have noted concern about the safety of the housing as it presently exists. Mayor Stiff asked if the City has any liability in the case of emergency or in reloca- tion. . City Attorney Planalp stated that the City does not have any responsibility for either. He noted that in case of an emergency, i. e., a fire, relocation costs become a gray area. However, research and the lease show that the costs are the American Legion's responsibility. The City does not have any responsibility under the State Statute. Commissioner Vant Hull asked if money is avai lable through the Community Development I Block Grant to aid in the relocation and demolition costs. City Manager Evans noted that the CDSG funds have been spent, and the program is to terminate on February 28, 1982. Commissioner Weaver noted that the principle to be concerned about is community safety and especially fire safety. He stated that he has seen two such housing developments totally burn, with loss of life in both cases. ') ."t ;:~ Mayor Stiff noted that the matter is not a question of the long range of the housing, but is now a question of timing. Mayor Stiff then asked if the City Commission was ready to make a motion and vote on that motion, or if they would prefer to hear from some of the people present. Following a brief discussion, all Commissioners concurred that they would prefer to hear some brief re- marks from both sides, and that repetition be avoided if at all possible. I Mr. Bob Dixon, on the American Legion Housing Board, noted that the American Legion has submitted a definite plan for demolition of the housing with little or no cost to the City. He noted that the American Legion Housing Board had prorated the income from this housing, with all extra money going toward demolition. They feel that in three and one-half years, they would have sufficient money for demolition. Mr. Dixon further noted that they feel this housing has been a benefit because it has provided low income housing within the City. He stated that, at the present time, the American Legion has $5,000.00 in the fund for demolition, as required under the original lease. Mayor Stiff noted that safety seems to be the underlying concern of everyone. Mr. Dixon stated that the American Legion is trying to conform with the guidelines of the insurance company. He noted that they are now in the process of installing smoke alarms in all of the units. Commissioner Weaver asked if the American Legion Housing Board has considered pro- viding incentives for the tenants to relocate, i.e., waiving several months rent, with the tenant moving by a specified date. I Mr. Dixon stated that they have not considered any incentives. Commissioner Mathre noted that the Legion could minimize the problem by not renting out units as they become empty. Commissioner Weaver asked if the only problem on the part of management is the anti- cipated costs of demolition to be incurred. Mr. Dixon stated that is the only problem. He further noted that one condition in the original lease is that everything within the units must be junked, and that the Legion may not receive sa Ivage va lue for anything, including appl iances. Ms. Patty Furniss, a tenant of the American Legion Housing, stated that the City has not improved the low-income housing market. She asked how the City can demolish these units until more housing is provided. She noted that it is more economical to fix old buildings than it is to build new ones. She also stated that demolition of these bui Idings is a waste of natural resources. Ms. Furniss stated that the tenants want to run the housing for a period of one year. During that time, the units would be improved, which the Legion does not do. She also noted that no smoke alarm has been installed in her apartment; nor does she know of any smoke alarms being installed in any of the other units. I Ms. Furniss noted that many of the people living in American Legion Housing are working for minimum wage, and some of the people are laid off. She also noted that some of the people are retired and on fixed incomes. Also, there are people living in this low-income housing because of high medical bills or who are trying to payoff old bills which they have incurred. 235 Commissioner Anderson asked if the tenants have considered grants to help the people help themselves. Ms. Furniss stated that the tenants appl ied for $200,000.00 in CDBG funds for re- habilitation of the structures, but the American Legion withdrew the appl ication. Ms. Furniss then noted that she has been in contact with other cities concerning low-income housing. She I stated that San Francisco would send a man to see how feasible it would be to rehabilitate the American Legion Housing if desired. Commissioner Weaver asked Ms. Furniss if she perceives any danger in living in these apartments. Ms. Furniss stated that she does not. Commissioner Weaver asked if most of the people are short term tenants. Ms. Furniss stated that many are, but some people have lived in the apartments for many years and are very concerned about the possibility of moving. Mr. Ted Koterwas, 624 North Tracy, stated that the American Legion Housing has been a matter of controversy since the mid-SOls. He asked why these units should remain for another three years. He noted that the same problems will exist as do now. He stated that at their meeting in August, the American Legion decided not to rent out apartments as they become vacant; however, they are renting those apartments out again. Mr. Koterwas stated that Mr. Jack Hallam, past Commander of the American Legion, had requested that his view be made public: that he is totally behind the neighborhood group and would I ike to see the I demo I ition of these structures. He further noted that the majority of the American Legion Housing Board of Trustees does not support this view; but the majority of the American Legion members would like to see these building removed. Mr. Koterwas noted the buildings are in such a state of disrepair that they are now a hazard to the public safety, health and welfare. He further noted that the only insurance being carried on these buildings is liability insurance. Mr. Koterwas then presented to the City Commission a copy of Mr. Don Barrick's report on the condition of the buildings which was prepared last summer and asked them to consider this report in their decision. Mrs. Marilyn Koterwas, 624 North Tracy, stated that the land on which the American Legion Housing is located was designated as park land. She noted that monies which were budgeted through the CDBG funds for the development of this park have now been expended in other areas of the City. Mrs. Koterwas further noted that the monies received from the rental of the apartments do not go back into the buildings. Commissioner Vant Hull asked if the monies received from the rental of this land have been set aside. City Manager Evans stated that the monies received from the rent of this park land I are placed in the General Fund, as dictated by the State Statutes. Mr. Dixon noted that the decision referred to by Mr. Koterwas concerning the re- renting of vacant units stemmed from a discussion during the American Legion meeting. Mr. Dixon noted that this was simply a proposal to be presented to the City, but no decision was made. "V' 1'"' "-' ~.,', City Manager Evans noted that the City was negotiating with Mr. Hallam, but with no one else. He noted that there is a distinct difference between negotiations and a decision. Mr. Chanson Ching, 213 West Cottonwood, also noted that the monies for the park have been lost. He stated that it is hard to have neighborhood feelings when people from outside the area make decisions which don't encourage good will. Commissioner Vant Hull stated that the American Legion should have sufficient money I to provide good incentives for the tenants. Mr. Dixon stated that the general upkeep and maintenance take a large portion of the monthly income from these apartments. He also noted that a number of the tenants are in arrears on their rent. Mr. Oixon then stated that the books are open to the City Commission for their inspection. He stated that some of the monies are used to support activities of the American Legion. The Legion cannot show a profit on this housing. Mr. Tom Taylor, 616 North Willson, stated that a park land study showed 33.8 acres in park land in Bozeman. He stated that there is an urgent need for more area to be dedi- cated and used as park land within the City limits. Ms. Susan Newell, 213 West Cottonwood, noted that the American Legion has not been paying an amount even close to the fair market value rental for this park land. She noted that, based on the fair market value of the property, the American Legion should be paying $1,235.00 per month for rent, if this is classed as raw land. Ms. Newell a Iso stated that several people in the area have made verbal commitments to help improve a park once the American Legion Housing is removed. She would like to put some positive feelings into the I neighborhood. City Manager Evans stated that, prior to the proposal prepared by the American Legion, he was prepared to recommend that the land lease not be renewed. He further noted that, if the lease is not renewed, the City must notify the American Legion at least 60 days prior to March 28, 1982. Assistant City Manager Barrick noted that, upon receipt of the notice for termination of the land lease from the City to the American Legion, the tenants of the American Legion Housing have six months in which to vacate. City Manager Evans stated that the City could consider assuming a certain amount of responsibility in the demolition of the American Legion Housing if necessary. He noted that if there is no salvage value, this housing could be used for fire practice by the Fire Depart- ment. Commissioner Anderson asked what the tenants will do in their financial situations if the lease is terminated. Commissioner Mathre noted that the termination of the land lease will provide a hard- ship, no matter when the lease ends. I Commissioner Vant Hull suggested that the City renew the lease for a period of 1 i years, with an increase in the land rent to approximately $2,000.00, with the monies to be used to aid the people in relocation. 2,3"7 Mr. Dixon noted the only way that the City can raise the monthly rent is with the mutual consent of both parties. This would also mean termination of the present lease. Mayor Stiff noted that he does not want the City to become involved in relocation problems. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the I Commission terminate the land lease to the American Legion for the temporary housing, to be effective six months from the date notification is made to the American Legion, and that the City Staff be directed to submit proper notification to the American Legion. Commissioner Anderson then amended the motion to extend the length of time for the termination of the lease to the American Legion by an additional six months. Assistant City Manager Barrick stated that this amendment is out of order because it conflicts with the orig- inal motion. The motion then carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Anderson. Request - continuation of street board of Main and South Tracy - Church of Jesus hrist of Latter Day City Manager Evans presented to the Commission a request on behalf of The Church of Jesus Christ of Latter Day Saints for the continuation of a street board sign on the corner of Main and South Tracy. The City Manager noted that the old City Commission had given a I final extension to end on September 30, 1981. City Manager Evans stated that his recommendation for any sign is to set a definite period and not allow the sign to remain forever. The City Manager then recommended denial of the request. Mr. McRay Evans, owner of the building located on the southwest corner of Main and Tracy, stated that he feels this street board sign presents good exposure for Bozeman. He noted that he would like to see this sign continue. He noted that the only times this sign is up are between the hours of 12 noon to 1 :00 p.m. and 4:00 p.m. to 5:00 p.m. on Tuesdays through Saturdays. City Manager Evans noted that the previous City Commission had set a final date for the sign, after which it was to be removed. That sign was also obstructing traffic at times. It was moved by Commissioner Vant Hull that the Commission approve the request on behalf of the Church of Jesus Christ of Latter Day Saints (Mormons) for continuation of a street board sign on the corner of Main and South Tracy, and that the Commission establish a policy that sidewalk signs be granted for a period of 60 days only, with the condition that if a business asks for a sidewalk sign within the same block, the original sign must be removed after 30 days to allow the other sign to be erected. The motion died for the lack of a I second. I t was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request on behalf of the Church of Jesus Christ of Latter Day Saints (Mormons) for the continuation of a street board sign on the corner of Main and South Tracy. The motion carried by the following Aye and No vote: those voting Aye being Commissioner ? :~i ,~~! "_, !w." " Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hul I. Discussion - Proposed Commission Resolution - Delinquent S I 0 payments, due and payable in total City Manager Evans presented a proposed Commission Resolution, entitled: I PROPOSED COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN ESTABLISHING A POLICY FOR THE ACCELERATION OF SUBSEQUENT I NST ALLMENTS OF SPECIAL ASSESSMENTS WHEN ANY ONE SPECIAL ASSESSMENT BECOMES OElINQUENT; PROVIDING FOR EXCEPTIONS THERETO AND ESTABLISHING A PROCEDURE FOR GRANTING SUCH EXCEPTIONS. City Manager Evans stated that this proposed Commission Resolution arises from the problems caused by delinquencies in the payment of Special I mprovement District yearly pay- ments. Commissioner Anderson asked if it would be appropriate to add a section stating that no person with a delinquency in Special Improvement District payments will be eligible for the creation of another Special Improvement District. City Manager Evans stated that this matter should be handled in a separate resolution. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the City Attorney to prepare the proposed Commission Resolution in final form and bring it back to the City Commission next week for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant I Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - Items to be included on consent agenda and format for consent agenda Mayor Stiff stated that this would establish a procedure whereby the City Manager would designate on the agenda which of the items seem to be of a consent nature. During the first pa rt of the meeting, any items to be discussed could be removed from this consent agenda and placed at the end for discussion. Those items remaining on the consent agenda would be resolved with a simple motion, second and vote. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission instruct the City Manager to prepare the agenda for the City Commission, to in- clude a consent agenda in a format determined by the City Manager. 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. Report from Commissioners Mathre and Vant Hull - re draft outline of agenda for first I orientation session - discussion of City Staff to be in attendance City Manager Evans stated that the committee comprised of Commissioners Mathre and Vant Hul and the City Manager feels that at least four sessions will be needed for the orientation of the new City Commissioners. He noted that the proposed outline for each of these meetings was based on a four-hour session. 239 Commissioner Mathre submitted a rough copy of the proposed outline for each of the four sessions and reviewed it with the City Commission. Commissioner Vant Hull noted the committee had also suggested that a letter with the Mayor's signature be sent to each of the people outside the City Staff whom the City Com- mission would desire at each of these sessions. I Mayor Stiff noted that members of the community should be invited to attend these sessions. He suggested that these orientation sessions be advertised. The Mayor then sug- gested that the dates for the third and fourth sessions be set after the first two sessions are held. Oiscussion - Procedure for appointments and reappointments to boards and commissions City Manager Evans stated that appointments and reappointments to boards and com- missions come within the purview of the Mayor and City Commission. He stated that he has no specific recommendation on this matter. Commission Weaver stated that, in view of the time, he felt that a motion to table this matter may be in order. Because of the 'character of the item, he questioned whether it should be addressed by the Commission as a governing body at all. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commission table consideration of the procedure for appointments and reappointments to boards and commissions. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Reappointments Mayor Stiff read a letter from City Manager Evans, stating concern over the City En- gineer serving on boards and commissions. The City Manager does not feel that any City em- ployee or City Commissioner should serve on any advisory board or commission, as it may cause them to be in a position of conflict of interests. City Attorney Planalp stated that the City Engineer was needed on the boards and commissions to provide expertise in the beginning, when people did not know about planning and zoning. Since the boards are developed fully, the need no longer exists. All Commissioners agreed that the City Engineer should be removed from the City- County Planning Board and the Zoning Commission. Mayor Stiff then stated that Joel Shouse, Chairman of the City-County Planning Board, feels that a City Commissioner serves an extremely useful purpose on that board that no one else can fi II. Mayor Stiff stated that he had asked Commissioner Math re to serve on that I board, but she deferred to a new Commissioner. The Mayor then noted that the Commission must make a decision concerning Commissioners on advisory boards and commissions. He noted that there is a definite need for Commissioners on the Audit Committee; and it is nearly mandatory to have a Commissioner serve on the City-County Health Board. Commissioner Mathre noted that the main concern lies with a City Commissioner serving on a board which is advisory to the City Commission. She suggested the possibility of a ') J',;i ",.'\. Commissioner serving as an ex-officio member of these advisory boards and commissions. Mayor Stiff noted that the Commission concurred that no Commissioner should hold a voting capacity on any advisory board or commission to the City Commission. City Attorney Planalp stated that he does not like an ex-officio status. He noted that that term does not mean anything. City Manager Evans suggested that the Mayor name a Commissioner Liaison to those I boards and commissions which he feels necessary. Mayor Stiff then noted reservations about the City Manager serving on the Library Board. He feels that this could create a conflict of interest as they are also an advisory boa rd. The Mayor further noted that City Manager Evans would like to be replaced on the Library Board. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission instruct the City Staff to prepare an ordinance, redefining the structure of the Library Board and removing the City Manager from that board, to be presented for action at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commisssioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commis- sioner Weaver and Mayor Stiff; those voting No, none. Mayor Stiff then announced his appointments of City Commissioners to the various boards and commissions as follows: City-County Health - Mayor Stiff to replace Mayor MacNab * Parking Commission - Commissioner Anderson to replace Commissioner Mathre * City-County Planning - Commissioner Mathre I * Senior Citizen Advisory - Commissioner Vant Hull to replace Commissioner Swanson - Commissioner Anderson, Alternate to replace Mayor MacNab * Zoning Commission - Commissioner Weaver Audit Committee - Commissioner Weaver to replace Commissioner Swanson * Commissioner Liaison The Commissioners concurred with the appointments of the Commissioners to the various boards and commissions as announced by the Mayor. Mayor Stiff then questioned the concurrent terms on the Board of Adjustment and the Zoning Commission. City Attorney Planalp stated that this was to provide continuity when the boards and commissions were first formed. There is no need for continuing this practice now. Commissioner Mathre stated that the Zoning Commission will be required to amend its By-Laws to eliminate the Board of Adjustment member on their commission. Commissioner Vant Hull presented to the Commission a proposed form for appl icants for various boards and commissions to fill out. Commissioner Anderson noted that she would like to see a disclaimer on the application so that the press could publicize the names and the positions applied for. Mayor Stiff then announced his appointments to the various boards and commissions as I follows: Senior Citizen Advisory - George Gable- December 31, 1983 - Evelyn Willson (Alternate) - Oecember 31, 1983 - Louis Moos - December 31, 1983 - Dennis Myers (Alternate) - December 31, 1983 - Marie Brooks - December 31, 1983 - Stanley Lemon (Alternate) - December 31, 1983 241 - Florence Baldwin - December 31, 1983 - George Puhach (Alternate) - December 31, 1983 - Ruth Osborne - December 31, 1983 - Everett Keyes (Alternate) - December 31, 1983 Recreation Board - Mrs. E. J. (Peg) Hines- January 1,1985 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's appointments and reappointments to the various boards, as I listed above. 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. Rea ointment of Joseph Wantulok to the Police Commission - (previously reappointed by the ity Manager but not reflected in ommission minutes City Manager Evans stated that, in this form of government, the City Manager makes the reappointments and appointments to the Police Commission, with the concurrence of the City Commission. The City Manager then announced the reappointment of Joseph Wantulok to the Police Commission for a three-year term to end on April 30, 1984. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission concur in the City Manager's reappointment of Joseph Wantulok to the Police Com- mission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. I Commissioner Weaver noted that, on the list of claims, each one of the Police Commis- sioners was listed. City Manager Evans stated that the Police Commission meets whenever necessary. It is mandated in the State Statutes that the Police Commissioners be paid on a per meeting basis. Request - Vacating portions of South Seventeenth and South Eighteenth, south of Olive Street City Manager Evans presented to the Commission a request on behalf of Ken LeClair and Stan Erlenbush to vacate South Seventeenth and South Eighteenth Avenues south of Olive Street. The City Manager noted that an error had been made on the original survey. The streets were built, but not as originally surveyed. The City Attorney feels that the best method to follow on this matter is to vacate these two avenues and have Certificates of Survey submitted as the avenues are built. City Manager Evans recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Ken LeClair and Stan Erlenbush to vacate South Seventeenth and Eighteenth Avenues south of Olive Street, and that the City Attorney be in- I structed to prepa re the necessa ry legal documents for such vacation. 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. '")1,';: .' "~I"'./ '" ..," Application for renewal of Kennel License - Mrs. Ralph Kenck - 1317 West Alderson - Calendar Year 1982 City Manager Evans presented to the Commission an appl ication for the renewal of a kennel license, along with the required fee, on behalf of Mrs. Ra Iph Kenck, located at 1317 West Alderson, for the Calendar Year 1982. City Manager Evans noted that the Police Oepartment recommended approval of the renewal, and he concurred in this recommendation. I The City Manager further noted that one protest has been submitted in writing to the approval of this renewal of a kennel license. Commissioner Vant Hull stated that she would not be comfortable in voting on this requested renewal without first speaking to both parties involved. She further noted that the City Commission should be responsive. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission approve the application for renewal of a kennel license on behalf of Mrs. Ralph Kenck, 1317 West Alderson, for the Calendar Year 1982. It was then moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission table action on the application for renewal of a kennel license on behalf of Mrs. Ralph Kenck, 1317 West Alderson, for the Calendar Year 1982, for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Mathre. Application for Bingo License - Gallatin Empire Lions Club - Winter Fair - request that I fee be waived City Manager Evans presented to the Commission an appl ication for a bingo license on behalf of the Gallatin Empire Lions Club, along with a request that the fee be Waived, to be conducted at the Gallatin County Fairgrounds during the Winter Fair. The City Manager noted that this is an annual event, and the City Commission has waived the fee in the past because the proceeds are used for public service activities. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a bingo license on behalf of the Gallatin Empire Lions Club, to be conducted at the Gallatin County Fairgrounds during the Winter Fair, and that the required fee be waived. 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. Request - permission to attend - Director of Finance Amy Swan - Executive Board meeting of the Montana Municipal Clerks, Treasurers and Finance lrfficers Association - Billings, Montana - January 22, 1982 City Manager Evans presented to the Commission a request on behalf of Di rector of I Finance Amy Swan for permission to attend the Executive Board meeting of the Montana Muni- cipal Clerks, Treasurers and Finance Officers Association to be held in Billings, Montana, on January 22, 1982. 2 L~3 It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission approve the request for permission for Director of Finance Amy Swan to attend the Executive Board meeting of the Montana Municipal Clerks, Treasurers and Finance Officers Association to be held in Billings, Montana, on January 22, 1982, and it being in the public interest, her expenses be paid out of the appropriate fund. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to attend - Firefi~hter Skip Hougland - National Fire Academy - Emmitsburg, Maryland - January 31 - ebruary 12, 1982 City Manager Evans presented to the Commission a request for permission for Fire- fighter Skip Hougland to attend the National Fire Academy to be held in Emmitsburg, Maryland, from January 31 to February 12, 1982. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for Firefighter Skip Hougland to attend the National Fire Academy in Emmitsburg, Maryland, from January 31 to February 12, 1982, and it being in the public interest his expenses be paid out of the appropriate fund. 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. I Naming of (President Pro Tempore) (Mayor Pro Tempore) for 1982 and 1983 City Manager Evans noted that the State Statute provides for the naming of a President Pro Tempore; however, he feels that Mayor Pro Tempore may be a more proper term. City Attorney Planalp stated that the Statute was written in 1917, and custom has out- distanced the title. Mayor Stiff stated he feels that Commissioner Mathre has earned the honor of being named Mayor Pro Tempore. He also feels that before Commissioner Weaver takes the gavel as Mayor in two years, it would be in his best interests to have acted in the capacity of Mayor Pro Tempore for a period of time. The Mayor then suggested that Commissioner Mathre be Mayor Pro Tempore for the Calendar Year 1982 and Commissioner Weaver be Mayor Pro Tempore for the Calendar Year 1983. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that Com- missioner Mathre be named Mayor Pro Tempore for a one-year period, effective immediately. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Anderson, that Commissioner Weaver be named Mayor Pro Tempore for the Calendar Year 1983. The motion ') t. L ., "'\' ~'~ ca rried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Information Item - Montana League of Cities and Towns meeting to be held in Bozeman on January 15, 1982 I City Manager Evans reminded the City Commission of the workshop being conducted by the Montana League of Cities and Towns. This meeting has been scheduled to begin at 9:30 a.m. on Friday, January 15, 1982, in the Commission Room in the Bozeman Municipal Building. The City Manager noted that City Court may still be in session at that time, but the room should be free by 10:00 a.m. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct excluding the claim submitted by Duncan MacNab. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the claims be approved, excluding the claim submitted by Duncan MacNab in the amount of $13.85. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report - Building I nspection Department for December 1981 I City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for December 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report of the Building Inspection Department for Oecember 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Adjournment - 6:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST:. ROBIN L. SULLIVAN Clerk of the Commission