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HomeMy WebLinkAbout1982-02-10 283 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 10, 1982 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, February 10, 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 Planalp 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 February 3, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Introduction of Assistant Police Chief Larry Smith City Manager Evans introduced Assistant Police Chief Larry Smith to the City Commis- sion. The City Manager noted that some of the Commissioners may not know Mr. Smith as he has been working nights for the past several years. City Manager Evans stated that Police Chief Tate is happy to have Mr. Smith as his Assistant; and the administration feels that this position will strengthen the operation of the Police Department. I Assistant Police Chief Larry Smith publicly thanked the City Manager for the oppor- tunity to serve the City of Bozeman in this capacity. Open bid - One Wheel Loader Backhoe - Water Division This was the time and place set for opening bids for a Wheel Loader Backhoe for the Water Division. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be opened and read. 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. The following bids were then opened and read: Net Bid Dorn Equipment Bozeman, Montana $32,498.00 Manhattan Machinery Manhattan, Montana $23,979.00 $19,994.00 Gallatin Equipment Belg rade, Montana $27,935.00 Western Equipment Billings, Montana $34,691.00 Tractor & Equipment Co. Billings, Montana $34,474.00 I $28,494.50 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to Staff for review and a recommendation to be made in one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. '1" . :' . ." '~' ~',;; ,~ . { Report from Audit Committee - re audit firm selection for Fiscal Year 1982 City Manager Evans stated that he and the Mayor had discussed this matter during the morning and would request that the matter be deferred for a period of one week to resolve some very minor questions. The City Manager noted that the consensus of the Audit Committee meeting was to re-engage the firm of Coopers and Lybrand for the Fiscal Year 1982 audit. I The Mayor deferred the matter for a period of one week. Recommendation from Library Board - Dissolve the Bui Iding Committee for the New Public Library and give Library Board powers to carry out the final details of the construction City Manager Evans presented to the Commission a recommendation from the Library Board that the Building Committee for the New Public Library be dissolved and that the Library Board be given the powers to carry out the final detai Is of the construction. The City Manager noted that there is a minimal amount of money in the construction account. The City Manager noted that, at this point, it does not seem necessary to maintain these two separate boards. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the recommendation from the Library Board to dissolve the Building Com- mittee for the New Public Library and that the Library Board be given the powers to carry out the final details of the construction. 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 Discussion - Parking enforcement in vicinity of Montana State University campus City Manager Evans presented to the Commission the problem of parking enforcement in the vicinity of the Montana State University campus. Mr. Frank Cowan, 411 West Garfield, stated that his house is located in the middle of several fraternity houses. He noted that he has a private driveway in which to park, with yellow lines on both sides of the driveway which indicate no parking is allowed. He noted that generally there are cars illegally parked within this area, and they sometimes block the driveway. With the heavy traffic on Garfield, backing out of this driveway with vehicles parked so close can be very dangerous. Mr. Cowan stated that the possibility of having a monitor cover the area for a short time on a temporary basis to issue tickets might help al- leviate the problem. Mr. Cowan noted that the Police Department has been very cooperative, but he does not like to file a complaint every time there is a violation. Mr. Cowan further noted that during the college year, there are numerous times when cars are parked for the length of a vacation. Also, the street is never cleared of snow or leaves because of the vehicles parked along the street. I Chief of Police George Tate stated that he would readily admit that there are problems with parking in the proximity of the University. He noted that the Pol ice Department does write a number of tickets around the sorority and fraternity houses. The Chief of Police stated that writing tickets in this area is not a priority item for the Police Department. He noted that tickets are usually written on a complaint basis, rather than being an everyday 295 issue. He further noted that this will continue to be a problem and sees no solution. Commissioner Weaver noted that there is adequate parking for all vehicles on campus. He suggested that possibly through enforcement, it would be possible to change these people's parking habits. Commissioner Vant Hull suggested the possibility of increasing the fine if the same ve- I hicle is being ticketed repeatedly. Commissioner Weaver noted that through law enforcement with a full-time parking attendant on Main Street, parking habits have been altered. He questioned if the possible revenues from ticketing around the University campus might approach the costs of enforce- ment in the area. , . Mr. Mike Kaelke, Assistant Director of Administrative Services at Montana State University, noted that the parking problems are being addressed in the master planning effort being conducted by the University. He noted that this is one of the basic elements in the plan which wi II be submitted to the Planning Staff in the Spring. Mr. Kaelke noted that a lot of the parking on the periphery of the campus is long-term parking. He noted that there are over 500 parking spaces available on campus at anyone time. He noted that the University needs to provide more parking spaces closer to where people are going. Mr. Kaelke stated that the Campus Security Officers issue tickets on specific streets on or around the campus. The remainder of the streets in the proximity of the University are monitored by the City Police Oepartment. I City Manager Evans noted that the City may only enforce ordinances that are reason- able. He stated that people have a right to park on the streets, but not to block driveways or park close to the corner. Commissioner Vant Hull asked if it would be unreasonable for the City Judge to raise the fine from $5.00 to $10.00 on the tickets for the various violations. Mayor Stiff noted that a $5.00 ticket is not much of a deterrent. Mr. John Thompson, 1213 South Fifth Avenue, stated that his house is surrounded by sorority houses. He also noted objections to vehicles being parked across his driveway. He noted that he keeps the yellow line on the curb cleaned off so that it is visible. Mr. Thompson noted that the Pol ice and Fire protection are needed; however, any money shortage hits them first. He does not feel that raising the fines wi II help. He feels that it is up to the students to learn that they cannot park across yellow lines. Commissioner Mathre asked what the projected enrollments for MSU will be. Mr. Kaelke stated that the University is currently addressing the question. He stated that the University administration does not feel that there wi II be any drastic changes. Commissioner Vant Hull feels that the parking ordinance should be reviewed, particularly I as it applies to sororities and fraternities, with the possible addition of parking requirements. City Manager Evans feels that enforcement is a problem. He noted that it is virtually impossible to educate the public. He further noted that the City Police Oepartment can only enforce existing ordinances. He further noted that City Staff will make a concentrated effort to study the fine structure. ') (,'" ':"' ." ':~ (- Mayor Stiff requested that this matter be placed on the agenda for the March 8, 1982, agenda, at which time the City Manager wi II submit his recommendation on parking enforcement in the vicinity of the Montana State University campus. Discussion - Oraft Incentive Awards Program for the City of Bozeman City Manager Evans stated that Rick Schlegel, Administrative Intern, has developed I the Oraft Incentive Awards Program for the City of Bozeman. The City Manager noted that this is a working paper, designed to get ideas before the City Commission. Mr. Rick Schlegel stated that he had studied several different awards prog rams and had combined ideas from the various programs in this draft. Mayor Stiff stated that he did not think this program would be tied into the benefits arrived at by the City. He further noted that it was his understanding that the money for the incentive awards program may not be given away, in which case it could be given back to the taxpayers. He stated that he hopes that the program receives a good response. He a I so noted that he had thought that the Commission would act as a committee of the whole. However, the draft proposes a different constitution of the committee. Commissioner Weaver noted that, following the draft, the Commission is enabling the Chief Executive to function better. He noted that the management task would fall primari Iy within the management purview. He feels that the Commission should be represented on the committee, possibly on a rotating basis of some type. Mr. Rick Schlegel noted that this draft proposes an attempt to get the program off the I ground. He noted that presenting the awards only at the end of the year would not give the employees an ideC\" of what the Commission and management are looking for. Commissioner Anderson feels that the plan should be started as simply as possible and built upon later, after the program has developed. Mayor Stiff does not feel that the City administration can prepare quickly enough to have awards in five different months. He suggested that awards be considered in April, May and June, by judgment call of the committee; and that the incentive award be subject to con- tribution to the City's welfare, avoiding the honorary award. He feels that the initial thrust is not for long enough a period to get the honorary award into place. Mr. Schlegel suggested the possibility of using a portion of the approximately $2,800.00 to purchase pins to award to employees who have several years of service with the City. He noted that a few of the employees have been with the City for over 30 years. Mayor Stiff stated that this idea could be handled separately. He recommended elimi- nating all honorary awards and developing strictly the incentive awards. Mayor Stiff also noted that Pages 4a and 4b should be omitted. He also stated that the final draft is what the employees wi II be looking at. He wants it to be informative and challenging. I Mr. Rick Schlegel stated that the table would show the employee what he might be able to expect. He noted that, otherwise, many may wonder how the judgment is based and could cause feelings of favoritism. He also noted that the department heads should be consulted when an employee makes a suggestion. 291 Commissioner Weaver noted that he feels that Rick1s point is valid. He feels that an employee should have some idea of the schedule and the criteria to minimize problems that may arise. City Manager Evans stated that to give $1,000.00 a month for three months could be a tentative schedule, but not firm. He noted that, if no good suggestions are received, the I committee could reserve the right not to award for that month. He also noted that in June, a revolutionary idea could be proposed, with the majority of the money having been given away. He noted that, if deemed desirable, it may be possible to add another $200.00 or $300.00 to the program. Commissioner Mathre asked if the ideas have to be tested prior to the award being made. Rick Schlegel stated that this question has been analyzed. He proposed an evaluation of the suggestion. This should give the committee a good idea of whether or not the sugges- tion would work. City Manager Evans noted that he has not dealt with the proposed draft in depth. He felt it was best to put it on the agenda for discussion. He does like the proposed selection committee. The City Manager does feel that the Commission as a whole must have input. He feels that with two Commissioners on the committee, it can be done on a more informal basis, and with the possibility of holding more meetings. He noted that suggested committee com- posed of two Commissioners, the City Manager, Assistant City Manager and Director of I Finance can go through the proposal and come up with a plan which is pleasing to everyone; and then the City can move ahead with the program. Mayor Stiff appointed himself and Commissioner Vant Hull to serve on the committee to . make alterations to the draft. He also requested that this matter be placed on the agenda for discussion of the proposed alterations. Information - tentative meetings of the larger Montana Cities on March 9 and 10, 1982 City Manager Evans stated that tentative meetings of the larger Montana cities have been set for 7:00 to 9:30 p.m. on Tuesday, March 9, and 8:30 a.m. to 3:30 p.m. on Wednesday, March 10, 1982, in the Commission Room in the City Hall Building. The tentative agenda for the Tuesday evening session includes a discussion on legislation matters. The tentative agenda for Wednesday's session includes finance, budget and labor negotiations. The City Manager noted that this meeting is primarily for the administrators of the cities. However, the Commissioners and public are invited to attend these sessions. City Manager Evans stated that Mr. AI Thelen, Chief Executive in Billings, will send invitations and ask people to send agenda items to Mr. John Evans, City Manager here in I Bozeman, so that an agenda may be prepared for the meeting. The City Manager noted that two such meetings have been held previously, and have proven to be very productive. He further noted that, after each of the meetings, he is thankful to be in Bozeman, rather than some of the other larger cities in the State. 'J ()I:.' . ,~' " ( ( . ; Information - Out-of-Court settlement on Smiley's and Foster's land condemnation for the Sewage Oisposal Plant improvement City Manager Evans stated that the City has reached an out-of-Court settlement on the land condemnation for Phase II of the Waste Water Treatment Plant improvements. The City Manager stated that both Fosters and Smileys accepted the offer of $4,500.00 per acre. The City had previously paid the Bozeman Baptist Church $4,200.00 per acre for its parcel of I land. The costs for the purchase of this land are as follows: Foster's land 43.02 acres $193,590.00 Smiley's land 41.62 acres 187,290.00 12.40 acres 55,800.00* Bozeman Baptist Church 10.00 acres 42,000.00 Estimated legal fees 30,000.00 $508,680.00 * This parcel of land is not subject to reimbursement from EPA 75% participation by EPA $339,660.00 City's share 169,020.00 $508,680.00 85% participation by EPA $384,948.00 City's share 123,732.00 $508,680.00 City Engineer Van't Hul noted that Bozeman is one of the top two cities competing for the 85-percent money available through EPA. He feels that it is possible for the City to get 85-percent money for at least a portion of this land. The City Engineer also noted that the I EPA will participate in the legal fees incurred in this land condemnation. Commissioner Weaver noted that he feels that the matter was very well managed. Information - Four-day holiday ~ February 12 through 15, 1982 City Manager Evans noted that, because of the State Codes, the City wi II be observing a four-day holiday. Friday, February 12, is the observance of Lincoln's Birthday and Monday, February 15, is the observance of Washington's Birthday. The City Manager stated that the agenda for next weekls meeting will be prepared on Tuesday. Discussion - new agenda format City Manager Evans stated that the agenda for this week's meeting was prepared in two formats. The City Manager noted that there are advantages to the new format which is introduced for today's meeting and asked the City Commission for its reaction to the two different formats. The Commission concurred in the feeling that the new format is good and would like to see it used in the future. I Mayor's Discussion City Manager Evans presented to each of the Commissioners a copy of an article which had appeared in the Billings Gazette on Wednesday morning, concerning Governor Schwinden1s 299 use of business executives from the private sector in an attempt to implement private sector phi losophy in government. Mayor Stiff stated that he has serious concerns about this program, but was hesitant to write a letter because of possible political imp I ications. The Mayor felt that, rather than writing a letter, he would report his feelings to the City Commission. Mayor Stiff feels that I the State has the right concept but feels that their implementation of the plan is improper. Commissioner Mathre stated that one does not lose his personal view simply because he holds a public office, and she can see no problem in writing a letter to the Governor, ex- pressing concerns about this plan. Commissioners Vant Hull and Anderson concurred. Mayor Stiff then stated that he didn't think the Commission had a choice on the presence of a Police Officer at the Commission meetings. He asked if it is really necessary to use a highly paid officer in this capacity. He further noted that it seems unnecessary to remove an officer from the street during the evening, when the Department is already running short. City Manager Evans stated that the Police Oepartment is close enough that he does not feel it is necessary to have a Pol ice Officer in attendance at all Commission meetings. He noted that, over the past several years, there may have been one or two unruly people in attendance at the Commission meetings. The City Manager stated that the Police Department is accessible by telephone, and he does not feel that an officer's presence is necessary at all Commission meetings. I The Commission concurred in the City Manager's statement that there is no need to have a Police Officer present at all of the City Commission meetings. Ordinance No. 1098 - Vacating South Seventeenth and South Eighteenth Avenues, South of Olive Street l to be corrected by Certificate of Survey) City Manager Evans presented Ordinance No. 1098, entitled: ORDINANCE NO. 1098 AN OROINANCE OF THE CITY OF BOZEMAN VACATING PORTIONS OF 17th AVENUE AND 18th AVENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1098, vacating portions of South Seventeenth and South Eighteenth Avenues, South of 01 ive Street. 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. Ordinance No. 1099 - Zone Code Amendment - amending Sections 18.48.020 and 18.72.150, listed permitted and conditional uses in B-3 zone (approved by Commission on February 3, 1982; now back in ordinance form) I City Manager Evans presented Ordinance No. 1099, entitled: ORDI NANCE NO. 1099 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMEND I NG SECT IONS 18.48.020 AND 18.72.150 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR ADDITIONS AND DELETIONS TO THE LISTING OF PERMITTED USES AND CONOITIONAL USES IN THE B-3 ZONE IN THE CITY OF BOZEMAN, MONTANA. 3n"i \ ',' , _.~, ..i' I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1099, amending Sections 18.48.020 and 18.72.150 of the Bozeman Municipal Code, providing for additions and deletions to the listing of permitted uses and conditional uses in the B-3 Zone. 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 Application for Raffle License - American Legion Post #4 - May 8, 1982 City Manager Evans presented to the Commission an application for a Raffle License on behalf of the American Legion Post #14 to be held on May 8, 1982. To be raffled is an Oster Kitchen Center valued at $140.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a raffle license on behalf of the American Legion Post #14 to be held on May 8, 1982. 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. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the claims be approved as submitted. 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. File report - Fire Department quarterly for October to December 1981 City Manager Evans stated that the quarterly report for the Fire Department for October to December 1981 appeared to be in order and recommended that it be accepted and ordered fi led. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the quarterly report for the Fire Department for October to December 1981 be accepted and ordered filed. 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. Acknowledge report - City Court monthly for November 1981 I City Manager Evans stated that the monthly report for the City Court for November 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the monthly report for the City Court for November 1981 and that it 301 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 Weaver, Commissioner Vant Hul', Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Acknowledge report - Broad Valleys Federation of Libraries monthly for January 1982 I City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for January 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the report of the Broad Valleys Federation of Libraries for January 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: thse voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge report - Bui Iding Inspection Department for January 1982 City Manager Evans stated that the report for the Building Inspection Department for January 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Bui Iding Inspection Department for January 1982 and that it be brought back to the Commission next week for filing. The motion carried by I 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. Acknowledge report - Police Department Annual for 1981 City Manager Evans stated that the Annual report for the Police Department for 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 annual report of the Police Department for 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. Authorize Mayor to sign - Change Order No.4 - Battered Women's Network - Add $420.00 City Manager Evans presented to the Commission Change Order No. 4 for the Battered Women's Network Shelter, to add the amount of $420.00, to be funded by CDSG monies. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign Change Order No. 4 for the Battered Women's Network Shelter, to add the amount of $420.00, to be funded by CDSG monies. 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. 3'''. ,: : ,/ "\. ",," ...- Authorize Mayor to sign - Grant Amendment No. 3 to Federal Sewage Works Grant C300208-22 (Step 2) - This increases the Grant by $24,000.00 from $274,184.00 to $298,184.00 City Manager Evans presented to the Commission Grant Amendment No. 3 to Federal Sewage Works Grant C300208-22 (Step 2). This increases the Grant by $24,000.00 from $274,184.00 to $298,184.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the Commission authorize the Mayor to sign Grant Amendment No. 3 to Federal Sewage Works Grant C300208-22 (Step 2), to increase the Grant by $24,000.00. 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. Adjournment - 3:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I