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HomeMy WebLinkAbout1982-02-17 303 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 17, 1982 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, February 17,1982 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 Mathre. The minutes of the regular meeting of February 10, 1982 were approved as corrected. Mayor Stiff stated that he had received a request from the Commissioners to remove the Police Oepartment Annual Report for 1981 from the Consent Items. The Mayor acknowledged this request and removed the report from the Consent Items, to be discussed just prior to entering the Consent Items. Bids - Renovation of Old Public Library This was the time and place set for opening bids for the Renovation of the Old Public Library. The affidavit of publ ication for the "Call for Bids" as advertised was presented. I 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: LI CENSE NO. NET BID Gallatin Construction, Bozeman, MT (Dennis Davies) 5095-A $ 96,158.00 Edsall Construction Co., Bozeman, MT 1720A 102,850.00 Robert A. Taylor Construction Inc., Bozeman, MT 1890A 109,000.00 Lutey Construction Co., Bozeman, MT (The Craftsman) 4952A 111 ,408.00 J. R. Baker Construction Co., Bozeman. MT 3514A 112,231.00 Dick Anderson Construction Co., Inc., Helena, MT 4391 A 121,929.00 Gallatin Enterprises, Inc., Bozeman, MT (John Mclees) 4349A 124,770.00 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 at the February 22, 1982, regular meeting of the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Bids - One Wheel Loader Backhoe - Water Division This was the time and place set for the consideration of the bids received for a One Wheel Loader Backhoe for the Water Oivision. City Manager Evans presented the Staff recommendation, for acceptance of the bid submitted by Manhattan Machinery Company, Manhattan, Montana, for a new 680-H Case in 1""'''';! " ~ :1 ;.... "'" ",. the amount of $23,979.00. The City Manager noted that Manhattan Machinery Company had also submitted a bid for a new 680-G Case in the amount of $19,994.00. However, this piece of equipment was also submitted on a bid to a Wyoming firm, who accepted the bid immediately. Therefore, Manhattan Machinery Company submitted a letter to the City withdrawing that bid. The City Manager concurred in the Staff recommendation that the bid submitted by Manhattan Machinery Company, Manhattan, Montana, in the amount of $23,979.00 be accepted, as it was I the low bid received. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission accept the bid from Manhattan Machinery Company, Manhattan, Montana, in the net amount of $23,979.00 for one wheel loader backhoe for the Water Division. 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. Public hearing - Commission Resolution No. 2392 - Intent to create SID No. 638 - East of Jordanls - Dan Henderson and Gary Cline This was the time and place set for a public hearing on Commission Resolution No. 2392, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2392 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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. 638 FOR THE PURPOSE OF I CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALL Y DESCRIBEO AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, I N THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAIN SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEOOING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to the request. Mayor Stiff closed the publ ic hearing. City Manager Evans recommended that since no adverse comments had been received, the Commission waive the customary one-week interval, adopt Commission Resolution No. 2395, creating the Special Improvement District and set the construction bid opening and the bond sa Ie dates. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission waive the customary one-week waiting period since no protests have been received. The motion carried by the following Aye and No, vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson I and Mayor Stiff; those voting No, none. City Manager Evans then presented Commission Resolution No. 2395, as prepared by the City Attorney, entitled: 305 COMMISSION RESOLUTION NO. 2395 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT NO. 638 FOR THE PURPOSE OF CONSTRUCTION ANO INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF I BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2395, creating Special Improvement District No. 638 and set the construction bid opening for March 8, 1982 and bond sa Ie for March 15, 1982. 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. Application for Beer and Wine License - Montana Pizza, Inc. dba Godfather's Pizza - Calendar Year 1982 City Manager Evans presented to the Commission an appl ication for a Beer and Wine License on behalf of Montana Pizza, Inc., dba Godfather's Pizza for the Calendar Year 1982. The City Manager noted that Montana Pizza, Inc., has applied for the transfer of a State I license from TJ's Arcade to Montana Pizza, Inc. The City Manager recommended that the Commission conditionally approve the appl ication for a Beer and Wine License, contingent upon the receipt of the State license. City Attorney Planalp stated that Montana Pizza, Inc., cannot sell beer and wine until they receive approval from the State. He noted that in some transfers, a temporary permis- sion may be issued due to the paperwork which must be completed. However, the State ap- proval must be received, if not the actual license, prior to the issuance of a City license. Mr. Daniel J. Vap, President of Montana Pizza, Inc., presented to the Commission a copy of the State's temporary approval for the sale of beer and wine. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Beer and Wine License on behalf of Montana Pizza, Inc., dba Godfather's Pizza, for Calendar Year 1982 for temporary authority to sell beer and wine, and that Montana Pizza, Inc. be required to submit an application for a permanent Beer and Wine License following receipt of the permanent State license. 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; I those voting No, none. Report from Audit committee - re audit firm selection for Fiscal Year 1982 Mayor Stiff presented to the Commission the recommendation from the Audit Committee on the selection of an audit firm for Fiscal Year 1982. The Mayor briefly covered this 3 (-~'-, . : :.1 .' ,~'" ' ., . report, which includes the recommendation to accept the proposal from Coopers and Lybrand for the Fiscal Year 1982 audit, along with the suggestions for prioritizing funds for pre-audit analysis and rolling back the audit for sixty days, to allow the City Staff to complete as much of the preliminary work as possible; to approve the Parking Commission's request to have their fund audited as a part of the audit, to be paid for by the Parking Commission; and to accept the proposal from Coopers and Lybrand for the 1979 Small Cities Grant Close-Out I Audit. The Mayor noted that one advantage to awarding all three audits to Coopers and Lybrand is that the firm will be in Bozeman to complete the 1979 Small Cities Grant Close-Out Audit within the next ten days. During that time, the City Staff will be able to receive the benefit of pre-audit recommendations prior to the major portion of the general audit. Mayor Stiff noted that the proposal from Coopers and Lybrand reflects a 8.44 percent increase over last year's proposal, which seems to be in line with the present economy. Commissioner Mathre asked for the estimated total cost of the audit. Mayor Stiff stated that the estimated total is $57,345.00. Mayor Stiff noted that the proposed layering of the priorities will eliminate matters to be addressed in depth in the future. He also noted a hope that, in the future, the actual hours for completion of the audit can be reduced. City Manager Evans noted that this audit wi II actually cover a two-year span on every- thing but the Water and Sewer Funds, which were audited this year. He stated that, at this point, the City Staff is in a learning process and compiling files, which will reflect a cost savings in future years. City Manager Evans stated that, by having an international firm to I audit the City, the taxpayers wi II gain confidence in the financial state of the City. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the recommendation of the Audit Committee to select the firm of Coopers and Lybrand to perform the Fiscal Year 1982 audit for the City; to perform an audit of the Parking Commission Fund in conjunction with the main audit; and to perform the 1979 Small Cities Grant Close-Out Audit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. Information Item - Discussion of the Milwaukee Railroad Right-of-way Land scheduled for February 22, 1982 City Manager Evans stated that the Commission subcommittee and management met with the Attorney for a majority of the landowners next to the Milwaukee Railroad right-of-way this past week. The City Manager noted that he would I ike to bring this matter before the Commission at the evening session on Monday, February 22, 1982, to be open to discussion, with public input. The City Manager noted that the City must act rather rapidly in order to get in on the play being made for this land. I Comments by Commissioner Weaver Commissioner Weaver noted that he has spoken with City Attorney Planalp regarding the State Statutes on Urban Renewal Plans. The Commissioner noted that the Downtown 307 Development Association proposal to create a tax increment financing area to protect and perhaps enhance the central area of Bozeman has been seriously flawed, which he feels may be due, in part, to the inadequacy of competent legal counsel in the development of the proposal. Commissioner Weaver noted that he was very distressed last week when the Commission had to be lectured on what the law enables the Commission to do on behalf of the I City. Commissioner Weaver was further distressed after he read the State Statute, to find that the lecture received was somewhat misleading. The Commissioner then presented to the Commission copies of Sections 7-15-4202, 7-15-4203, 7-15-4206, 7-15-4210 and 7-15-4216, M.C.A. Section 7-15-4202 is rather clear when it states that the Legislature of the State has already declared the existence of blight in municipalities in the State of Montana. The Legislature has also declared the policy of the State in order to reduce a number of evils, not the least of which are decay in capital stock, decay in property values and stagnation of economic development. This policy is to prevent as well as remedy the existence of conditions that are generally described as blight. The Commissioner noted that the Commission has been asked by the Oowntown Development Association to declare the existence of blight and has been stopped by a concern for the opponents of the Plan. However, the Legislature has al ready declared the existence of bl ight. The Statute does not ask the Commissioners to check for chipped paint, broken windows and missing mortar. All that must be considered are the specific conditions listed in Section 7-15-4206, M.C.A. Commissioner Weaver felt that he was led to believe that all of the I conditions listed in this section had to be met. However, careful reading revealed that on Iy one or more of the conditions must be met. I f the City Commission bel ieves that blight does exist, as defined in Section 7-15-4206, M. C. A., then Section 7-15-4210 enables the Commission to determine rehabi litation is necessary and, with the action taking the form of a resolution of necessity. Commissioner Weaver stated that he does not advocate that the Commission proceed in this direction; simply that if the Commission so chooses, the next step is spelled out in the Statute. After that step is completed, then it is the appropriate time to have substantial public input with respect to provisions of the Plan to be completed in order to address the remedy and prevent the problems and the evi Is defined in the Statute. Commissioner Weaver noted that his comments are simply to clarify the actions to be taken and to point out that the Commission has not been well served by the proponents or the legal counsel representing the opposition to the Plan. Commissioner Vant Hull feels that the law states that the Commission can declare the existence of blight without competent appraisers. However, after speaking with an Attorney, she does not feel that it sufficient for the Commission to merely declare the existence of I blight and go on with the Plan. City Attorney Planalp noted that he feels Commissioner Weaver's comments in regard to the Statutes are correct. He also feels that Commissioner Vant Hull is correct in saying that the Commission doesn1t need appraisers. However, he feels that Commissioner Weaver's dis- cussion has set out the standard and feels the Commission must examine the evidence and 3' j f' " .'.'. ',c, \, ,I ~". I relate it to the standard presented in the State Statutes. He stated that somebody will have to provide the facts, which is the purpose of the public hearing to be held at the Commission meeting on March 1. Commissioner Weaver noted that the Codes provide the tools by which to implement the State pol icy . He noted that the Codes essentially ask the Commission to look around and make a judgment of whether conditions exist and to what extent, or are likely to exist, which I prudent government wou Id seek to avoid. City Attorney Planalp noted that Section 7-15-4210 provides for the adoption of a reso- lution stating the blight does exist within the municipal ity. The City Attorney noted that the City Commission will be faced with this issue within the next few weeks. Commissioner Weaver noted that the important point is that the State Legislature has enabled the City Commission to act without checking every piece of chipped paint. T he Com- missioner further noted that he would have no part in checking each and every building be- cause it could have two effects: (1) cause the people to fear the Plan; and (2) possible de- crease in property values, even if the Plan were not adopted. Commissioner Weaver noted that the Statute simply requires prudent judgment in observing the facts. Commissioner Vant Hull asked if the City may be open to lawsuits from people opposing the Plan if the Commission simply determines the existence of blight without the benefit of professionals reviewing the area. Commissioner Weaver stated that the City is open to lawsuits from either side. City Attorney Planalp noted that City Manager Evans stated at the meeting two weeks I ago that the City wi II not find the facts. He feels that the Downtown Oevelopment Association wi II come back to the Commission on March 1 with the facts, which must then be measured by the standard set forth in the Code. Commissioner Weaver stated that he is not anticipating a decision one way or the other. The Code is a yardstick to measure the facts. This will lead to a decision, as anticipated in Section 7-15-4210, M.C.A. At that point, if and when the Commission reaches that point, a more interesting part of the program will take place--what should be in the text of the Plan. This process cannot begin until the Commission makes a judgment that the Plan is necessa ry . Mayor Stiff thanked Commissioner Weaver for his comments. The Mayor further noted that if any Commissioner has anything that they feel wi" be helpful in the thought processes of the entire City Commission, it should be shared. Police Oepartment Annual Report for 1981 City Manager Evans noted that the Commission had requested that this item be removed from the Consent Items so that it may be discussed. I Commissioner Vant Hull stated that she has some questions regarding the report after reading it and the editorial in the Bozeman Daily Chronicle. She noted some questions about statements made in the letter of transmittal. She further stated that the Commission may wish to give the Police Department some backing and moral support. Also, she has not heard any- body say anything derogatory about the Pol ice Department. 309 City Manager Evans stated that this Police Deparment Annual Report for 1981 is not required by State Law or City Ordinance. He noted that this report is strictly a voluntary effort. He further addressed the editorial in the Bozeman Dai Iy Chronicle. The City does not employ Police Officers to be statisticians and technical writers. He feels that the press and other groups in Bozeman are trying to make something that we are not. He noted that I this is a city of 22,000, which is a small village in comparison with many of the cities in the United States. The voluntary efforts of the Police Department to issue an annual report should be applauded. The City Manager noted that, if the reports are going to receive a lot of nitpicking, it may become incumbent upon the City Commission to adopt an ordinance stating which reports will be required, what will be required in them, and who will prepare these reports. This would also let people know what is expected in the reports. City Manager Evans stated that he would rather have action than reports. He noted that Bozeman is still small enough that one can look out and see what is going on. The City Manager further noted that the City Commission is charged with establishing policies for the City; and the City Manager is charged with carrying out those pol icies. If no policy is es- tablished, it is left to the judgment of the City Manager. City Manager Evans further noted that the City has no policy. Everything is run out of the hip pocket. Commissioner Mathre feels that the report is a very good one. She noted that she had called Chief of Police Tate and asked some questions, after which she complimented him on the I report. Commissioner Mathre further noted that the Pol ice Department has the same number of officers and more problems. She stated that budget constraints have caused this problem for the Police Department. City Manager Evans noted that it is a foregone conclusion that the City of Bozeman is operating short of Police Officers. The Pol ice Officers wi II naturally complain about the problems caused by this shortage. The City Manager feels that, in comparing our Department with those around the State, we have a good police force. He noted that there is room for improvement, which management is working on in a step-by-step process. City Manager Evans noted that the Detective Division has an outstanding record and is well thought of. City Manager Evans further noted that he had thought that the budget problems would begin one year from now. However, these problems wi II appear this yea r. He noted that the City must make some tough decisions during the budget process. He stated that, after he has had an opportunity to research the value of a mi II, after reductions caused by recent legislation, he will present some information to the City Commission, to be considered for the budget process. Commissioner Mathre noted that the State computer is not working at the present time. I She noted that the information is available to the Police Department for a comparative annual report if that computer is operating correctly. City Manager Evans feels that the report should compare Bozeman with other Montana communities. He feels that this would place the report in a better perspective. 3"' -.'... Commissioner Weaver stated that he feels that the report contains a wealth of informa- tion. He also noted that the editorial in the Bozeman Daily Chronicle was a cheap shot. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission commend the Police Department on a job well done under adverse conditions and that the Police Department Annual Report for 1981 be accepted and ordered filed. 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. City Court Report for November 1981 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 and ordered filed. I t was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the City Court for November 1981 be accepted and ordered filed. 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. B road Valleys Federation of Libraries Report for January 1982 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 and I ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the monthly report for the Broad Valleys Federation of Libraries for January 1982 be accepted and order 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. Building I nspection Department Report for January 1982 City Manager Evans stated that the monthly report for the Building Inspection Oepart- ment for January 1982 appeared to be in order and recommended that it be accepted and ordered fi led. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the monthly report for the Building I nspection Department Report for January 1982 be accepted and ordered filed. 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 Proclamation - Hearts Week - February 21-27, 1982 Mayor Stiff proclaimed the week of February 21-27, 1982, as II Hearts Week" in the City of Bozeman and encouraged the citizens of Bozeman to join with him in encouraging productive 311 school and community citizenship by supporting the Worthy Student Scholarship Fund. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Com- missioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Absence of Commissioners Anderson and Mathre for meeting of Apri I 5, 1982 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that Commissioners Anderson and Mathre be excused from the Apri I 5, 1982 meeting in compliance with Section 7-3-4349, M. C. A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Adjournment - 2:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. 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 ALFRED M. ST I FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I