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HomeMy WebLinkAbout1996-07-29 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 29, 1996 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, Monday, July 29, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Sianina of Notice of SDecial Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Agenda Meeting - for regular meeting and Dublic hearinas to be held on Auaust 5, 1996 . Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (4 and 5) The City Manager forwarded staff's recommendation that the decisions on these conditional use permits be continued to a date certain close to the anticipated time when the State will make its decision on which business is awarded the new beer and wine license. He indicated that attempts will be made during the upcoming week to determine approximately when that decision is anticipated. (6) Responding to Mayor Stueck, City Manager Wysocki noted this agenda item pertains to zoning only; and the availability of sewer will be addressed during annexation and . development. (8) The City Manager noted this item has been placed on the agenda at Commissioner Stiff's request. Responding to the City Manager, the Commissioners asked that staff be present to respond to questions and that "motion and vote" be placed in the action requested column. 07-29-96 - 2 - (10) The City Manager stated that this item is to be removed from the agenda, with the City Attorney's office taking the appropriate action. (12d) Commissioner Rudberg asked if the issues and concerns raised by the Police Department will be forwarded to MSU, for consideration when organizing the parade. The City . Manager assured the Commissioner that the information will be forwarded. (15 and 16) City Manager Wysocki stated that these assessment resolutions must be adopted not later than the first Monday in August; therefore, they must be finally adopted following the public hearings. (17) The City Manager stated this hearing will be removed from this agenda and placed on the August 19 agenda, since that is the date for which it has been advertised. (18) Historic Preservation Planner Derek Strahn provided a brief background on this item, noting that it is a proposal to convert an existing garage into a studio apartment and add a gable roof. Responding to Commissioner Rudberg, the Planner stated that the Commissioners have received the incorrect version of the plans. He noted that new plans have been . submitted; and they show a storage area in the loft, which does not require a standard stairwell for access. (19) Planning Director Epple provided an overview of the subdivision as originally platted and the requested variances. He noted that the mobile home subdivision was originally platted in the early 1970s, with slightly over half of the lots being developed to date. He stated that the 20 lots developed to date are served by wells and septic tanks, however, the State has confirmed that the remaining 17 lots may not be developed until an on-site sewage disposal and water supply are provided. He stated that the applicant is nearing completion of a small-scale "batch plant" septic system and drainfield. The Planning Director stated that under the R-S zoning, 25-foot side yard setbacks . are required and, under those setbacks cannot be accommodated on the lots as platted. Responding to Commissioner Frost, the Planning Director stated that no secondary access has been proposed; and it does not appear that one could be easily provided. He cautioned that this subdivision was platted under old planning regulations, which may not have required a secondary access. Responding to Commissioner Rudberg, the Planning Director stated that the septic 07-29-96 -.-.----.-- .- ...- -. .---.------- ..--- - 3 - system is essentially installed, but the as-built plans must be submitted to the State Department of Health and the system approved. Mayor Stueck suggested that this should have been addressed administratively, rather than being subjected to the variance process, expressing his concern about the amount of staff . time required to carry an application through the public hearing process. Planning Director Epple recognized the balance between administrative decisions and forwarding applications for decision by the policymakers. He stated that what might appear to be routine may actually have effects not easily recognized in an administrative review, and he feels it is appropriate to forward this application through the public hearing process. Work Session - Continued discussion re City Manager's Budaet Recommendations for Fiscal Year 1996-1997 and orooosed adjustments to be included in Tentative Aoorooriation Ordinance This is the sixth in a series of work sessions on the City Manager's recommendations for the budget for Fiscal Year 1996~ 1997. Since this is a work session, the minutes are abbreviated. . Remodeling of City Hall Annex and purchase of 9-1-1 equipment. Commissioner Stiff stated that, rather than financing remodeling of the City Hall Annex and the 9-1-1 equipment, he feels they should be funded through the designated reserve for fixed asset acquisition. He recognized that the figures he has available for the balance in the designated reserve for fixed asset acquisition are over a year old; therefore, it is difficult to determine the exact monies available. He stated, however, that he strongly prefers to fund these projects with cash rather than obligating future Commissions to fund the debt service. He estimated that if these two items were funded through INTERCAP loans, as proposed, the annual debt service would be $146,400 in each of the next five years, and future Commissions would not have those monies available for other needs. Mayor Stueck stated that at last week's meeting with the County Commission, they . forwarded the proposed timeframe for acquisition of the new 9-1-1 equipment. He noted that, based on the length of the request for proposals process, it appears the equipment will not be in place for eight or nine months. He recognized that the equipment is estimated to cost $1 million and, under the interlocal agreement, the City is committed to paying 45 percent of the costs, less a proportionate share of revenues from other sources. He further noted that, rather 07-29-96 - 4 - than budgeting $450,000 in this fiscal year's budget, the City Manager has included $350,000 in anticipation that the costs will be less than projected. He then forwarded his proposal that, rather than budgeting the entire amount in this year's budget, it be split between this year and next year, with $225,000 being included in this year's budget and the remainder in next year's, . when the actual costs should be known. He then indicated support for Commissioner Stiff's suggestion that the equipment be funded from the designated reserve rather than through short-term debt. Administrative Services Director Miral Gamradt characterized the proposal to use reserves rather than debt service as a philosophical issue which must be decided by the Commission. He reminded the Commission that, theoretically, expenditures for a capital item should be matched to its useful life. He acknowledged, however, that by paying cash, interest expense is avoided. The Director then cautioned that the majority of the monies in the general fund reserve for fixed assets will be expended at the end of Fiscal Year 1996. He stated that at June 30, 1995, the balance in the fixed assets reserve was $549,000; and the Fiscal Year 1996 budget relied on the use of $402,000, leaving a budgeted balance of approximately . $140,000 at June 30, 1996. He stated that if the Commission decides to use reserves for the two items proposed by Commissioner Stiff, then undesignated reserves must be used. Commissioner Stiff reiterated his concern about obligating future Commissions to retiring debt rather than giving them the latitude to make choices during the budgeting process. He recognized that, with the rapid approach toward the 1-105 cap, having that latitude will become even more important. The Administrative Services Director cautioned that if reserves are used, as proposed, there will be no fixed asset acquisition fund; and the undesignated reserve will be less than the 8 percent level contained in the fiscal policies in the budget. Commissioner Stiff recognized that, while the undesignated reserve balance may drop below 8 percent, he does not believe it will drop below 5 percent; and he feels that is . acceptable. He then forwarded his interest in obtaining a current print-out of the fund balances during the budgeting process, citing that as valuable information. The Administrative Services Director cautioned that the year-end balances are not known until September because the property tax revenues and a portion of the expenditures 07-29-96 .----- -.---.--...... .---... - 5 - in July and August affect the previous year's activities. He stated that these activities can dramatically alter any figures that might be available during the budgeting process. Commissioner Stiff stated that he feels that up-to-date information could provide a more accurate picture of the City's financial position, rather than relying on year old audited . figures. Responding to Mayor Stueck, the Administrative Services Director confirmed that if the Commission adopts the budget as proposed, over $2 million in short-term debt would be incurred. Commissioner Rudberg expressed her interest in easing the impacts that will be encountered with reaching the 1-105 ceiling as much as possible in this fiscal year, rather than waiting until next fiscal year to address the problem. Responding to Mayor Stueck, the Administrative Services Director stated that in last year's budget, remodeling of the City Hall Annex was to be funded through an INTERCAP loan. He noted, therefore, that since the project was not undertaken, the debt was not assumed, resulting in no impact on the General Fund. He indicated that, if monies are not borrowed for . this project, then retirement of the debt is not needed, as contained in the proposed budget. City Manager Wysocki asked the Commissioners if they are comfortable with taking $550,000 out of the designated reserve for fixed assets and the undesignated reserve, leaving an approximate $175,000 balance in the undesignated reserve, or 3.4 percent of the general fund budget. Administrative Services Director Gamradt stated that the Government Finance Officers' Association has determined that general fund reserves should be between 5 percent and 10 percent of the operating budget; and in this instance, 5 percent equals $331,000. Mayor Stueck forwarded his support for funding of the City Hall Annex remodel and the 9-1-1 equipment from the reserves as long as the cash is available and it does not place the City in a critical financial condition. . Commissioner Stiff stated that, under municipal accounting practices, the year-end balance should be greater than projected, thus increasing the monies available for the upcoming budget. He then characterized the decision to use reserves as a policy~making decision rather than an administrative decision. 07-29-96 - 6 - Commissioner Youngman recognized the benefits of using available monies rather than borrowing; however, she questioned whether dropping below a 5-percent reserve may be dangerous. Commissioner Frost expressed concern about the proposal to use reserves to fund the . two projects identified, characterizing it as spending savings. He cautioned that with the rate of growth which has been experienced over the past seven years and the continuing growth patterns, if the reserves are spent, next year the Commission will be faced with the impacts of the 1-105 cap and no reserves upon which to draw. He reminded the Commissioners that the City is faced with needed high~cost items, such as the deficiencies identified in the Transportation Plan. Commissioner Frost stated that the 5-percent minimum in reserves has been established for a reason; and he recognized that the City Commission, in years past, established an 8-percent minimum because it was between the recommended 5~ and 10-percent levels. He recognized Commissioner Stiff's arguments; however, he stated that he is uncomfortable with creating an undesignated reserve that is less than 5 percent. . City Manager Wysocki noted that the Commission may make its decision at this time and, if determined necessary, it may be brought back for reconsideration at a later date. Following discussion, a majority of the Commissioners concurred that remodeling of the City Hall Annex and the 9-1-1 equipment should be funded through reserves rather than through INTERCAP financing. It was also determined that the amount budgeted for 9-1-1 equipment should be reduced to $225,000 this fiscal year, with the balance of the costs being budgeted in next fiscal year. Travel and Schools. Commissioner Youngman noted that during initial review of the budget, Commissioner Rudberg suggested that $1,500 for Commissioner attendance at the National League of Cities . Congress of Cities be deleted. She proposed that an additional $5,000 in the travel and schools line item be deleted from the budgets. She noted that there are 33 budget units with amounts budgeted for travel and schools, and she does not believe that trimming that small amount from the budgets would dramatically injure any of them. She suggested that some of the budget units, such as the Police, could be exempted from the reduction, since training of new officers is mandatory. 07-29-96 - ---..-----.---.. ... ,...----. .,.,.. ----- - - _____ ____.._., _n__ - 7 - Mayor Stueck stated that, after review of the amount budgeted for travel and schools in the City Commission's budget unit, an additional $1,500 may be eliminated. He noted that will bring the total reduction in the Commission's budget to $3,000. He noted that, when that figure is coupled with the $10,000 being moved from the City Commission's budget unit to the . CDSG Economic Development Revolving Loan Fund, the reductions total $13,000, or 7.5 percent of the budget. Following discussion, the Commissioners concluded that an additional $3,500 in travel and schools should be trimmed from the budget, and asked that staff determine where those reductions should be made, while ensuring that those reductions do not impact the basic safety and welfare of the community. Band. Commissioner Frost suggested that the Commission consider reducing or eliminating the $5,400 budgeted for the band. He suggested an alternative would be to collect monies at the concerts. . Commissioner Youngman characterized the band as a community asset, noting that they do donate some of their concerts. Following discussion, the Commissioners concurred that the monies should remain in this year's budget, with a letter being sent to the Band Board, cautioning them that the City's contribution may be decreased in future years. Study Commission. The City Manager reminded the Commission that they had received a letter from the Study Commission regarding the monies needed to cover the costs of the election. Responding to Commissioner Stiff, City Attorney Luwe stated that the monies for the election may either be budgeted in the Study Commission's budget unit or in the City Commission's budget unit. He noted that conversations with other communities revealed that . the election costs are being handled in a variety of ways, including being budgeted in the Study Commission's budget unit or in an Elections budget unit. He assured the Commission that budgeting the monies in either budget unit will not negate the results of the election. The Commissioners concurred that the amount budgeted for the election should be reduced to $2,000 and that it should be placed in the City Commission's budget unit. 07-29~96 ---.-------.--- .- ---.---. ...----- ..-.- -. ~ 8 ~ Electronic public information access. Commissioner Youngman reminded the Commission that this was previously budgeted, and it was not included in this year's proposed budget because it was anticipated the project would be completed prior to the end of last fiscal year. She referenced the memo . which she had distributed to the Commission last week, which contains the detailed justifications for her request. She indicated that a request on the Internet has generated a significant amount of information on bulletin board services and Internet access, and other communities in the State are currently using this type of mechanism for promoting greater public access to local government. She then requested that the Commission include $3,200 in its budget unit for this project, particularly since it is a rebudgeted item. Responding to questions from the Commission, Commissioner Youngman noted that, initially, the agenda and supporting documents would be included in the bulletin board; and it could later be expanded to include items such as permit application forms and possibly additional information about the City government. She noted that the information garnered from responses on the Internet revealed that even a "non-techie" person can easily and quickly . learn how to operate the bulletin board service, whether it is freestanding or on the Internet. A majority of the Commissioners concurred that $3,200 should be budgeted for the bulletin board service, with the understanding that if costs are to exceed that, it will be brought back to the Commission for further discussion. Computer policy. Commissioner Youngman stated she feels a computer policy should be established for the City, so the Commission is more comfortable when considering requests for purchase of new computers. She suggested that the policy could be established after a dialogue which includes representatives from the community and City staff members on the most cost effective strategy for future computerization and possible networking of the computers. . Following a brief discussion, the Commissioners concurred that establishing a computer policy would be beneficial. Community Housing Fund. Commissioner Youngman noted that she had distributed a memo on this issue at last week's meeting, providing detailed information on her request. She recognized that, while the Commission as a whole has not discussed the issue of funding for the Community Housing 07-29~96 ---- .------- - - ,...-- .---. - 9 - Fund for this fiscal year, it appears a majority of the Commissioners have indicated they do not support a contribution. She noted that in her memo, she has forwarded several reasons why at least a small amount should be budgeted, suggesting a $20,000 contribution be considered. She noted that within the next couple of years, payments from some of the loans will be . coming back into the fund; and this contribution could be viewed as interim financing for the fund, to ensure its viability. Commissioner Youngman reminded the Commissioners that affordable housing has remained a high priority for several years; and projects providing such housing units have been undertaken, with some units completed and occupied. She cautioned, however, that over the next three years, the community may potentially lose a significant number of subsidized housing units; and the demand for low- and moderate-income housing will be even greater. She stated that any fiscal commitment toward addressing this issue could place the City in a better position when applying for Community Development Block Grant and HOME monies from the State. She suggested that the small amount appropriated for this purpose could result is significantly greater leveraging capabilities. She noted that the Commission is willing to . subsidize other activities, and she feels that this request should be given equal consideration. Commissioner Rudberg expressed concern that the Community Affordable Housing Advisory Board has had a significant amount of money to use toward providing more affordable housing; however, she feels they have not been good stewards of that money because it has made loans at no interest. She recognized that a market interest rate is not necessary, but she believes that a one- to three-percent interest rate would be appropriate. Commissioner Stiff noted that the CDBG Revolving Loan Fund has a nearly $50,000 balance, and more monies will be generated in that fund as loans are repaid. Mayor Stueck stated that, while he recognizes the Commission's commitment to affordable housing, he does not feel it can afford to appropriate additional monies for it this . fiscal year. He emphasized that this does not reduce the Commission's commitment, noting that it can be re-evaluated next fiscal year during the budgetary process. Following discussion, a majority of the Commissioners concurred that monies should not be added for the Community Housing Fund in this fiscal year. Police Department. Mayor Stueck noted that during initial review of the budget, the Commissioners had 07-29-96 ... -. .--.-----.. - 10 - concurred the amount budgeted for the information desk should be reduced by the difference between the salary for an administrative clerk and the amount being paid to the disabled sheriff's deputy. The Commission concurred that $5,400 should be removed from the budget to reflect . the change as previously discussed. Responding to questions from Mayor Stueck, the City Manager stated that the monies in the Drug Forfeiture Fund provide the City's contribution to a five-county program; and each entity within those counties contributes its prorata share to the funding. Building Maintenance. Administrative Services Director Gamradt stated that the $30,500 debt service line item in this budget unit will be eliminated in light of the Commission's earlier determination to fund remodeling of the City Hall Annex from reserves rather than an INTERCAP loan. He indicated that the revenues will also be adjusted accordingly. Parks. Mayor Stueck noted that both Park Superintendent John McNeil and Park Foreman . Ron Dingman have expressed concern several times about the additional burden that maintaining new parks and trails has on their staff. He suggested that steps should be taken to ensure adequate maintenance is provided, either through staffing levels, contracted services or volunteer assistance. Library. Commissioner Rudberg noted that $476,000 has been budgeted for the Library operations for the upcoming fiscal year. She cautioned that the City's portion of the funding cannot be expected to increase, particularly in light of the rapid approach to the 1-105 ceiling. The City Manager suggested that the Commission may wish to meet with the Library Board of Trustees, as well as with some of its other boards, to discuss funding issues, along . with others. A majority of the Commissioners indicated concurrence with that suggestion. Street and Tree Maintenance Districts. Mayor Stueck expressed his concern about the proposed 4-percent increase in these assessments, particularly in light of the recent 25-percent surcharge in the Wastewater Fund. He forwarded his interest in freezing these assessments at last year's level, and decreasing the 07-29~96 ~ 11 ~ amounts budgeted in each of these funds to reflect the decreased revenues rather than using reserves to maintain the level proposed in the City Manager's recommendations. Recess - 5:35 p.m. . Mayor Stueck recessed the meeting at 5:35 p.m., to reconvene at 7:00 p.m. to complete the agenda items. Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., to complete the agenda items. Ordinance No. - Tentative ADDroDriation Ordinance for Fiscal Year 1996-1997 Included in the Commissioners' packets was a draft copy of the Tentative Appropriation Ordinance, entitled: ORDINANCE NO. . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND-FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1997. City Manager Wysocki distributed a tabulation of his recommendations and the adjustments which are to be included in the Tentative Appropriation Ordinance. He reviewed those adjustments, noting that the corresponding adjustments must be made in the revenues. He recommended that the Commission adopt the Tentative Appropriation Ordinance, with the figures in the ordinance to be based on this tabulation. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission adopt the Tentative Appropriation Ordinance for Fiscal Year 1996-1997, based on . the figures contained in the tabulation just distributed, and set the public hearing for August 12, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 07-29-96 --..-- - 12 - Commission Resolution No. 3133 ~ intent to budget an increased amount of ad valorem tax (DroDertv tax) revenue for Fiscal Year 1996-1997 Included in the Commissioners' packets was a copy of Commission Resolution No. 3133, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1996-1997. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 3133, stating the City's intent to budget an increased amount of ad valorem tax (property tax) revenue for Fiscal Year 1996-1997, with the percentage of increase being adjusted as a result of the changes made for the Tentative Appropriation Ordinance, and set the public hearing for August 12, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Mr. Jeff Krauss, Treasurer of the Local Government Study Commission, dated July 18, clarifying questions from the Commission regarding their requested budget for Fiscal Year 1997. (2) Letter from Ms. Linda Bell, dated July 26, responding to comments in Mr. Simon's letter of resignation from the Historic Preservation Advisory Commission. (3) Copy of the letter distributed by Mr. Charley Stocker to the residents in the area where the Sweet Pea Bike Race is to be held. . (4) Copy of a letter to the editor as submitted by Casey Emerson. (5) Memo from County Commissioner Phil Olson announcing that the composting committee meeting has been rescheduled to August 16, from 1 :30 to 5:00 p.m. Commissioner Rudberg stated that she has called the County Commissioners' Office, 07-29-96 - 13 - indicating her intent to attend the meeting. She reminded the Commissioners that an RSVP was requested. (6) Revisions to the tentative calendar of events for adoption of the budget for Fiscal Year 1996-1997, if the tentative appropriation ordinance is not adopted at this meeting. . (7) Copy of the letter from Assistant Planner Chris Saunders to Ms. Holly Brown, dated July 24, regarding impact fees for Kountz Mobile Home Park. (8) Copy of a letter from the Montana Department of Commerce forwarding the results of a monitoring visit on the HRDC apartment project, for which CDBG monies were used. (9) Copy of Resolution No. 35, adopted by the County Commission on July 2, 1996. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 30, 1996 in the Commission Room. (11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 30, at the Courthouse. . (12) The City Manager submitted his weekly report, as follows. (1) Announced that a car commercial was shot at the corner of West Garfield Street and South Fifth Avenue last week. (2) Stated that the curb bulbs are being installed on South Willson Avenue. (3) Attended a 9-1-1 Board meeting last week. (4) Met with representatives from the Bozeman Deaconess Hospital last week regarding master planning for their property holdings. (5) Announced that the City received a safety grant for new radar units, one of which will be used on the motorcycle. He noted that with these new units, all radar units will be two years old or less. (13) Commissioner Youngman stated that, as a result of the budget sessions, several possible agenda items have been identified. She reviewed those items, which include: . (1) Commissioner liaison to the 9-1-1 Board. She noted that Commissioner Rudberg has volunteered to serve, and suggested that it be placed on next week's agenda; (2) a meeting between the City Commission and the Library Board of Trustees; (3) possibly a meeting with the Cemetery Board; (4) discussion about animal fines; (5) writing a letter to the Band Board to encourage them to undertake fundraising efforts to fund at least a portion of their costs; (6) discussion regarding volunteer maintenance of some of the small neighborhood parks, possibly 07-29-96 ---.-.--.-.------..--. - 14 - with input from the Recreation and Parks Advisory Board; (7) discussion regarding a computer policy for the City; and (8) annual review of the priorities for the housing policy and possibly additional direction to the Community Affordable Housing Advisory Board. Commissioner Stiff asked that a review of the goals for Fiscal Year 1996-1997 be . added to the list. (14) Commissioner Rudberg submitted the following. (1) Stated her interest in meeting with the various advisory boards, not for 20-minute periods, but for in-depth discussions. (2) Attended several meetings during the past week, including the Development Review Committee, the Design Review Board, and the focus group on growth and planning. (3) Attended the Sweet Pea Bicycle Race on Sunday, noting that Charley Stocker did an excellent job of organizing the race. (4) Stated that Don Weaver has expressed concern to her about the lack of meetings for the Pedestrian/Traffic Safety Committee, and suggested that the board be disbanded. (15) Commissioner Rudberg stated that a conversation with Rob Buckvich, local office of the Montana Department of Transportation, revealed that if the City Commission . adopts a resolution prohibiting parking along West Main Street, the Department will not oppose it. She noted that she has received several telephone calls about the visibility problems caused by parking on Main Street, particularly close to North 19th Avenue. (16) Commissioner Stiff submitted the following. (1) Apologized for missing Wednesday evening's meeting with the County Commission, noting that he encountered unanticipated conflicts. (2) Stated that he and Mayor Stueck attended the master planning meeting with representatives from the hospital. (17) City Attorney Luwe announced that he will be at next week's Commission meeting, but will then be gone on vacation for 1 % weeks. He noted that he will be in attendance at the August 19 Commission meeting. . (18) Clerk of the Commission Sullivan indicated that she mus1 request authorization to use annual leave on a Monday, Tuesday and Wednesday during one of the weeks in August. She noted that when those dates are known, she will inform the Commission. (19) Mayor Stueck submitted the following. (1) Announced that on Saturday night, while he was waiting at the emergency room of the hospital, a 24~year-old man was 07-29-96 - 15 - brought in because of injuries received when he ran into the construction of curb bulbs on South Willson Avenue. (2) Attended the celebration for the 50,OOOth video machine held at Video Lottery Technologies last week. (3) Noted the meeting with representatives from the hospital was very interesting, with those individuals being very complimentary about City staff . and the assistance they have provided. (4) Announced that the Sacajawea Middle School will open on schedule, with teachers being able to move in on August 15. Executive Session re cersonnel - Evaluation of City Manaaer City Manager Wysocki stated he does not wish to waive his right to privacy, but requested that the Commission conduct his evaluation in executive session. At 7:28 p.m., Mayor Stueck announced that, pursuant to Montana state law (Section 2~3-203[3[, M.C.A.), the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He indicated that, following the evaluation, he will provide a copy of the blank evaluation form, a composite evaluation score, and a summary of the evaluation to the press. . Ms. Gail Schontzler, reporter for the Bozeman Daily Chronicle, stated her objections to closing the meeting. She stated that the City Manager is an important person in the City structure and noted that the evaluation pertains to his public life and his public duties, not his personality or his private life. She suggested that, on that basis, the meeting should not be closed, but that the evaluation should be conducted in open session. She then requested that, if the meeting is closed, the Mayor issue a statement after the evaluation process has been completed. Mayor Stueck recognized that the recent government study showed a public interest in evaluation of the City Manager and suggested that in the future the evaluation process may be changed. . At 7:31 p.m., Mayor Stueck called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager and Clerk leave the room. At 9:28 p.m., Mayor Stueck closed the executive session and reconvened the open meeting. 07-29-96 .. - .-.. - 16 - Adiournment - 9:28 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. (00)7 /g.~ DON E. STUECK, Mayor ATTEST: ~ cZ ~~ ROBIN L. SULLIVAN Clerk of the Commission . . 07-29-96