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HomeMy WebLinkAbout1981-05-20 ~59 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 20, 1981 I ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 20, 1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick, City Attorney Planalp and the Interim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the special meeting of May 12, 1981, and the regular meeting of May 13, 1981, were approved as submitted. Open Bids - Move four (4) metal buildings This was the time and place set for opening bids for the moving of four metal buildings from their present location by the New Municipal Library to the Old Sewage Plant site. The affidavit of publication for the "Call for Bids" as advertised was presented. The Interim Clerk had received no written bids. No one was present with a bid. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the matter of moving the four (4) metal buildings from the present site near the New Municipal Library to the Old Sewage Plant site be referred to the Staff. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Plan Amendment - This was the time and place set for a continued joint public hearing with the County Commission and City Commission regarding a proposed Master Plan Amendment procedu:r;e. Interim City Manager Evans stated that the County Commission was in concurrence with the Planning Board's request that the public hearing be returned to them and be returned to the joint County Commission and City Commission meeting at a date following the June Planning Board meeting. Mayor MacNab continued the hearing until a regularly scheduled Commission meeting after the June meeting of the Planning Board. I Sub- to be This was the time and place set for a continued public hearing on the Planning Staff's proposed amendment to the Bozeman City-County Planning Area Subdivision Regulations to provide for sediment and erosion control review requirements. 3'60 I Interim City Manager Evans requested that the matter be continued pending a decision from the Planning Board. " Mayor MacNab declared the continued public hearing reopened. No one was present regarding the matter. The Mayor continued the public hearing pending a decision from the Planning Board. I fi Decision"'- Zone Code Amendment - Planning Staff - Chapter 18.21 - R-S '. ! ( The Interim City Manager stated that this was the time and place set for a rdecision on the Planning Staff's request for a Zone Code Amendment to Chapter 18.21 - R-S. Planning Director Paul Bolton stated that the requested Zone Code Amendment would provide for the future creation of city-sized bts on all parcels in the R-S district under three acres in size. He also stated that this is a new idea which has not yet been intro- duced in any other city in the state at this time. Commissioner Swanson raised the question of the lack of siting possibilities. Those wanting to build on a large lot would not be able to place their homes in whatever bca- tion they may desire because of the inability to cross possible lot lines created by city- sized lots. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the ,( Commission deny the request of the Planning Staff for a Zone Code Amendment to Chapter 18.21 - R-S, and that the matter be referred back to the Staff for further study and revision. The mo- I tion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Stiff and Commissioner Mathre. Staff Report - Decision on Bid Award - Sanitary Sewer Improvements Interim City Manager Evans read a letter signed by Wayne W. Dean, Thomas, Dean and Hoskins, consulting engineers, recommending award of Schedule II to Underground Con- struction Company of Bozeman in the amount of $72,465.00; and Schedule III to Johnston Excavating of Bozeman in the amount of $68,696.62, theirs being the best and lowest bids received. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the Com- mission award the bid for Schedule II of the sanitary sewer improvements to UndergroJnd Con- struction Company of Bozeman in the amount of $72,465.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. It was then moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the I Commission award the bid for Schedule III of the sanitary sewer improvements to Johnston Excavating of Bozeman in the amount of $68,696.62. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. HOt Staff Report - Decision on Bid Award - Waste Water Treatment Plant Interim City Manager Evans read a letter signed by Wayne W. Dean, Thomas, Dean and Hoskins, consulting engineers, recommending award of the bid for construction of the Waste Water Treatment Plant to Edsall Construction Company of Bozeman in the amount of $4,860,000.00, , , I theirs being the best and bwest bid received. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission award the bid for construction of the Waste Water Treatment Plant to Edsall Construc- tion of Bozeman in the amount of $4,860,000.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Grant Amendments - EPA - A uthorize Mayor to sign Interim City Manager Evans presented to the Commission two grant amendments resulting from increased amounts of the bids for the projects and requesting additional money from EPA for the Waste Water Treatment Plant. He recommended that the Commission authorize the Mayor to sign the grant amendments and requests for additional funds. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the two grant amendments for the EP A project for the Waste Water Treatment Plant. The motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Decision - Gordon Hudson - Request for partial refund of $475.00 fee Interim City Manager Evans presented to the Commission the request from Gordon Hudson for a partial refund of the $475.00 fee for a decision. He stated that he and Paul Bolton had discussed the matter and that neither had any objection to a refund. He stated the Planning Staff did not feel that they had spent $475.00 on labor or material on the zone change requested by Mr. Hudson. The Interim City Manager stated that his recommendation would be for a $175.00 refund to Mr. Hudson. Rick Mayfield, representing Gordon Hudson, stated that the request was left fairly open. He stated that he appreciates the Staff work and recommendation and stated that the $175.00'amount was alright with him. The Interim City Manager stated that the circumstances were unusual and that he did not feel that there would be a dangerous precedent set. Rick Mayfield stated that there is very little privately-owned PLI zoned land. He I feels that because of this, the chance of setting a precedent is negligible. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Mr. Gordon Hudson be charged $300.00 for the requested Zone Map Change and that $175.00 be refunded to Mr. Hudson, for the following reasons: 1. The requested Zone Map Change is from PLI to AS, which was its original zonin g ; 2. The requested Zone Map Change changes the zoning from PLI, which would allow only public use of the land to AS, which would allow private use; and 362 3. The time spent and materials used by the Planning Staff in reviewing the re- quest and preparing the report did not equal the $475.00 fee originally charged. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Stiff and Commissioner Swanson. I Proposed Policy on Benefits extended to Part-Time and Special Schedule Employees Interim City Manager Evans presented to the Commission a rough draft of a proposed policy to be extended to Part-Time and Special Schedule Employees. He stated that this is a part of what is hoped to develop into a comprehensive personnel plan. He stated that the last two Legislative sessions have liberalized the benefits of the part-time employee. The purpose of this policy would be to define, within the law, what benefits are to be ex- tended to employees. Interim City Manager Evans stated that the proposed policy would include closing all non-public safety facilities on legal holidays. He stated that if these facilities are open, they would be manned on a volunteer basis, at the rate of two (2) times the regular hourly rate of pay. The vacation and sick leave benefits would be as provided for by the State statute. The Interim City Manager stated that it is best to apply as many business practices as possible in operating the city government. However, all of the State laws must also be obeyed. He requested the Commission to go through the proposed policy and have the matter listed on a future agenda for further discussion. I Commissioner Swanson expressed concern regarding the benefits extended to the elected officials and requested the possible revision that would provide for benefits at the present level. Decision - City Court days of operation - Report from City Attorney Interim City Manager read to the Commission a letter from the City Attorney stating his opinion on the request from the City Court Judge to set his own days and hours of operation. The City Attorney's letter stated that he had been unable to find any provision in the State statutes that authorized the City Commission to set the City Judge's hours; how- ever, there was no authorization forbidding such a delineation of hours. The City Attorney's recommendation was to allow the City Court Judge to establish his own hours. The Interim City Manager concurred with the opinion from the City Attorney and recom- mended that the City Court Judge be authorized to establish his own hours. City Court Judge Bryan stated that he agrees with the City Attorney's letter as read. His proposed hours will be Mondays through Thursdays, with Court beginning at 8:00 a.m. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- ., mission acknowledge the request of City Judge Bryan and permit him to set his own hours; however, should a problem arise with the hours set, the proposal will come back to the Com- mission for review and possible change. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. !l63 Change Order No. 1 - SID No. 625 - Authorize Mayor to sign The Interim City Manager presented to the Commission Change Order No. 1 for SID No. 625, as requested by the Montana State Fish and Game. This involves storm drainage in Valley Unit No. l. I The City Engineer stated that the Change Order would simply place a little curve in the stream's flow, with a couple trees placed along the curve to add some aesthetic value. The Interim City Manager recommended approval of the Change Order No. 1 and that the Mayor be authorized to sign. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the Mayor to sign Change Order No. 1 for Special Improvement Dis- trict No. 625. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Discussion - Developing an Administrative Charge Rate for Centralized Services - City Manager Recommendation Interim City Manager Evans requested that he be authorized to retain Gil Crain at a rate of $15.00 per hour to develop a rational way to distribute costs between the General Fund and the Enterprise Funds. He stated that in the past the basis for cost distribution has been anything but scientific. He also stated that the auditors can question how the I costs are arrived at; and he is rather surprised that the Public Service Commission has not requested such information. Gil Crain stated that he would reserve the right to withdraw from the matter at any time that he feels that he is spinning wheels and getting nothing accomplished, or if the City Manager feels that no progress is being made. The Interim City Manager stated that the immediate costs could be paid from monies in the City Manager's budget for the remainder of this fiscal year, as well as from the Enterprise Funds. He stated that most of the costs would be during Fiscal Year 1982, and that the costs would be divided between the General Fund and the Enterprise Funds. Commissioner Stiff stated that he can't see a conflict of interest because of the fact that Gil Crain is also on the Audit Committee, but he felt it should be brought out in the open. The Interim City Manager stated that he and Gil had already discussed the matter and could see no conflict of interest. Commissioner Mathre and Commissioner Swanson both expressed concern about the total dollar amount that could be consumed in this project. Interim City Manager Evans sug- I gested that the Commission set a ceiling on the costs involved, and that it could be brought back to the Commission if the ceiling were to be overrun. Mayor MacNab requested that this item appear on the agenda next week for a decision. Discussion - Industrial Revenue Bonds (Montana Farm Bureau Federation) Interim City Manager Evans stated that he had contacted Boettcher and Company, as 364 requested by the Commission. In their opinion, the issuance of Industrial Revenue Develop- ment Bonds would not affect the Water and Sewer Revenue Bonds with one provision -- that we would want to make sure that any Industrial Revenue Development Bonds sold were on behalf of a viable firm. The Interim City Manager stated that he had spoken with Mr. Bill Brown of the Farm I Bureau Federation, and that he was present at the meeting. The Montana Farm Bureau Federation has 37 farm bureaus throughout the state. Approximately 4,950 families are involved with the farm bureaus, which work for the im- provement and benefit of farmers. The Farm Bureau Federation has close ties with the Montana State Agricultural College at Montana State University here in Bozeman. The Farm Bureau also did extensive lobbying at the past Legislative session. Mr. Bill Brown distributed to the Commissioners copies of the site plan and the ar- chitect's drawing of the structure. He stated that the majority of the building would be rented. He stated that there could be several smaller offices, such as attorneys, or the possibility of the Montana State Job Service if they could not locate another building. He stated that there would be an auditorium which would seat approximately 60 persons, to be made available to other groups. Mr. Brown stated that the Montana Farm Bureau Federa- tion holds an average of three or four meetings per month. This would brin g traffic into Bozeman, and therefore some additional trade. Mr. Brown also stated that the Farm Bureau has approximately $200,000.00 in the bank, and that they have been established for 61 years. I He stated that this should show some stability of the organization. The City Attorney stated that the Commission has to feel that this would be in the best public interest. He also stated that they must make the guidelines for the Montana Farm Bureau Federation, or any other organization, to follow when making application for Industrial Revenue Development Bonds. Commissioner Vollmer expressed his apprehension that the matter could get too com- plicated. He feels it is best to just look at the fact that it increases the payroll and the tax base in Bozeman. Commissioner Stiff stated that it must be looked at carefully. He feels it is something the community needs. However, he is concerned about the possible impact it may have upon the commercial rental space in Bozeman. The Interim City Manager stated that the original intent was to obtain from the Commis- sion a feeling on whether or not they would seriously consider the application for Industrial Revenue Development Bonds from the Montana Farm Bureau Federation. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission would seriously consider an application from the Montana Farm Bureau Federation I for Industrial Revenue Development Bonds for construction of a new State Headquarters office building in Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No; none. ~65 Re uest - M.S.U. Pre Club - barbecue and ot- luck - Lindley Park - Interim City Manager Evans presented to the Commission a request from the M.S. U. Preprofessional Health Careers Club and the Prevet Club for permission to hold a barbecue '. I and potluck picnic in Lindley Park on May 30, 1981, between 12:00 noon and 7:00 p.m. They request permission to have beer in the park. Interim City Manager Evans stated that he had recommendations from the Chief of Police and Park Superintendent to deny the request and stated that he also concurred in those recommendations. He also stated that he feels the University has sufficient ground available to them for such groups to use rather than use the City parks. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the request of the M.S. U. Preprofessional Health Careers Club and the Prevet Club for permission to hold a barbecue and potluck in Lindley Park on May 30, 1981, between 12:00 noon and 7:00 p.m., and that they waive the open container ordinance during those hours. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. " Request - Bozeman Gallatin-Em rodeo contestants - Bo art's rove pavilion - June 9 1 - I Interim City Manager Evans presented to the Commission a request on behalf of the Bozeman Gallatin-Empire Lions Club to hold a barbecue for rodeo contestants at Bogart's Grove pavilion on June 14, 1981, from 5:00 to 8:00 p.m. The Interim City Manager stated that he had recommendations from the Chief of Police and Park Superintendent to deny the request of the Bozeman Gallatin-Empire Lions Club and stated that he concurred in the recommenda- tion. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of the Bozeman Gallatin-Empire Lions Club for a barbecue to be held at Bogart's Grove pavilion on June 14, 1981, from 5:00 to 8:00 p.m. and that the open container ordinance be waived. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. ". Mayor MacNab suggested that the City Attorney draft a letter to be sent to the per- sons involved upon approval of such requests, regarding the cleanup after such activities. Request - Gallatin Saddle Club - Rodeo Parade - June 17, 1981 - 1:30 p.m. I Interim City Manager Evans presented to the Commission a request to hold a parade on behalf of the Gallatin Saddle Club on June 17, 1981, beginning at 1:30 p.m. The parade would begin at the Fairgrounds, proceed south on Black to Lamme, east on Lamme to Church, south on Church to Main, west on Main to Willson, south on Willson to Cleveland, west on Cleveland to Seventh, south on Seventh with termination at the Museum of the Rockies. The Interim City Manager recommended approval of the request for a rodeo parade. -3'66 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the Commission approve the request of the Gallatin Saddle Club to hold a rodeo parade on June 17, 1981, beginning at 1: 30 p. m. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Ma thre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Request - Montana Bank of Bozeman - Montana Bank Classic V Run - September 26, 1981 - ,;/:UU a.m. Interim City Manager Evans presented to the Commission a request from the Montana Bank of Bozeman for permission to hold the Montana Bank Classic V Run on September 26, 1981, beginning at 9:00 a.m. He stated that this was an annual affair and had created no problems in the past. He stated that the Chief of Police has no objections to the re- quest and recommended approval. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the request of the Montana Bank of Bozeman to hold the Montana Bank Classic V Run, to be held on September 26, 1981, beginning at 9:00 a.m. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Water Department - Permission to purchase 2-way radio I Interim City Manager Evans presented to the Commission a request from the Water De- partment for permission to purchase a two-way radio for T045 at a cost of $861. 00. This is a budgeted item. The Interim City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the request from the Water Department for the purchase of a two-way radio for T045, at a cost of $861.00, it being a budgeted item. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Request - Water Department - Permission to "Call for Bids" - New economy pickup Interim City Manager Evans presented to the Commission a request from the Water De- partment for permission to Call for Bids for a new economy pickup to replace T045, which would be used as a trade-in. The Interim City Manager stated that he feels economy pickups should be used whenever possible in the future to save as much as possible on energy costs. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission authorize the Call for Bids for a new economy pickup for the Water Department. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. ;l67 Discussion - Room capacity - City Commission chambers Interim City Manager Evans stated that several citizens have complained about the capacity of the Commission Chambers and mentioned the safety hazard involved with the over- crowding of the room, especially the past couple of weeks. I The Fire Department also submitted a memo stating that the room capacity is sixty- three (63), and that the limit should be observed. The City Commission went on record that they will attempt to maintain the capacity level of sixty-three (63) if at all possible. Commissioner Swanson requested that someone from the Fire Department be present at meetings at which controversial items might be discussed to enforce this room capacity limit. Fire Chief Simpson stated that all public places in Bozeman, such as the bars, are given a room capacity limit, which is enforced. He also stated that we must start in our own back yard. Proclamation - "National Public Works Week" - May 17-23, 1981 Mayor MacNab proclaimed the week of May 17-25, 1981, as "National Public Works Week" in the City of Bozeman in recognition of the qualified and dedicated personnel who staff public works departments. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Com- I mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Report - Broad Valleys Federation of Libraries - April 1981 Interim City Manager Evans stated that the Broad Valleys Federation of Libraries Report for April appeared to be in order and recommended that it be acknowledged. Ordered Filed - Building Department Report and Police Department Reports, April 1981 Interim City Manager Evans recommended that the Building Department Report and the Police Department Report be ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the report from the Building Department for April 1981 and the Police Department for April 1981 be ordered filed. The motion was carried by the following Aye and No vote: those voting A ye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Commission to consider a special meeting re obscenity ordinances Interim City Manager Evans stated that the Willson School Auditorium would be open for a possible special meeting of the City Commission regarding the proposed obscenity or- dinances. 368 Mayor MacNab set the date for the special Commission meeting for June 16, 1981, at 7:00 p.m. City Attorney Plan alp recommended that the Commission review and revise the draft obscenity ordinance which he had written and that they modify it so that they feel comfortable with it before the meeting on June 16, 1981. I Mr. F. B. "Bill" Esty, Vice Mayor from Camarillo, California, was present as a guest at the Commission meeting. He stated that they had gone through similar circumstances during the past two years, only the pornography was on the newspaper racks. He stated that the City of Camarillo had spent over $10,000.00 in trying to form an obscenity ordinance which would hold up in Court. He stated that all have been struck down by the Courts in California, and they still have no ordinance. He is willing to provide for the Commission a copy of the latest obscenity ordinance they have proposed so that our Commission may benefit from their experiences. Executive Session Interim City Manager Evans requested an executive session be called and that .all be excused except the Interim City Manager, Interim Assistant City Manager, the City Attorney and the Interim Clerk. Mayor MacNab declared an Executive Session and requested all others to please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting at I 4:30 p.m. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. / / /c'" t ~.- .... . ". ,..... "v .' .--" 'A--',--</ 7""------.... ....~ AN S. MACNA , Mayor ATTEST: ROBIN L. WILLIAMS I Interim Clerk of the City Commission