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HomeMy WebLinkAbout1992-10-13 ccm ~. . . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 13, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 13, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in compliance with Section 7-3-4322(2) M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - October 5. 1992 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the .minutes of the regular meeting of October 5, 1992, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Discussion ~ recognition of volunteers City Manager Wysocki reminded the Commission that Commissioner Knapp had requested this item for discussion. Commissioner Knapp distributed a memo forwarding several issues which she feel the Commission should discuss and make decisions on. She reminded the Commission that last September, the Commission conducted an open house to recognize the City's volunteers at the Lindley Park Center; and it was the general consensus following the event that it be done again. .Shenoted that these open houses are conducted for two reasons: (1) to keep in touch with the volunteers and (2) to honor them for their efforts. She then forwarded her suggestion that the Commission meet with its boards and commissions on an annual basis, noting those meetings l should be brief and convenient. She suggested that during those meetings, the board/commission could provide an annual report with recommendations for changes to make them more effective. 10-13-92 - 2 - Commissioner Knapp then suggested that if the Commission decides to conduct an open house this year, it should be held in mid-November or mid-January. She also suggested that the location of the open house be moved to a different City facility each year, to make the volunteers .a more aware of the various departments, their facilities and duties. ~ Commissioner Knapp asked if there are any volunteers which the Commission would like to honor with either an outstanding service award or a long-term award this year. She also asked how the volunteers should be notified, particularly since last year's process of calling everyone seemed to be an ineffective use of time for two individuals. Commissioner Knapp then asked that the Commission determine whether to have an open house to recognize volunteers this year and, if so, when and where; determine whether to pursue annual meetings with the boards and commissions; decide on an awards policy; and decide on how the volunteers are to be notified. Mayor Swanson asked for a straw vote on whether an open house should be held; the Commissioners concurred there should be one. A majority further concurred that such an open ~ house should be held in the summer at the Lindley Park Center, so that both the indoor and outdoor .,., facilities could be enjoyed. The Commissioners then concurred that having an annual meeting with the various boards and commissions would be beneficial. They noted that these meetings should be held in the evening, with possibly five or six different boards scheduled each evening. They also recognized that, while the public may be in attendance at those meetings, it would be beneficial to retain as much of the discussion between the Commission and the board as possible, since the public input could become disruptive and confrontational in some instances. The Commission then discussed the possible development of an awards policy. Following that discussion, it was generally accepted that nominations should be solicited for the Commission . award, with the Commission making the final decision on who should receive the award. It was also recognized that the Mayor's award should be determined by the Mayor, with no formalized external process. They also discussed the possibility of making two different awards for each this year, either one for 1992 and one for 1993, or one for special recognition of a job well done and one for long-term service. Executive Director of the Bozeman Area Chamber of Commerce Daria Joyner noted that 10-13-92 - 3 - the Chamber has been considering the idea of a community volunteer recognition program. She then suggested the possibility of the City and the Chamber working together to develop a program that will recognize all community volunteers under one umbrella. Commissioner Knapp noted the City essentially has two different types of volunteers-- . those that are appointed by the Commission to serve on various boards and commissions, and those who serve as departmental volunteers, i.e., senior citizens, recreation and the library. She then suggested that the notifications of the open house should recognize those differences. Mayor Swanson indicated a willingness to draft two different letters, one for board members and one for departmental volunteers, with those letters thanking them for their contributions and inviting them to attend the open house scheduled for their recognition. The Mayor then asked Commissioner Knapp to assume the role of organizing this effort. Reconsideration of date and Dlace for auction sale of sDecified Vallev Unit Subdivision Drocerties The City Manager reminded the Commission that they had set the tentative date and place for the auction sale at the regular meeting of September 21. He noted, however, that with the . offer to purchase four of those lots, which was received at the September 28 meeting, and the Commission's decision at last week's meeting to accept that offer, it is necessary to change the date and place of the auction to allow sufficient time for advertising and preparing for the sale. The City Manager then recommended that the Commission change the date of the sale to Wednesday, November 4, and the location to the Holiday Inn, with Lots 3A, 4A, 5A, and 6A deleted from the sale and the fair market values and terms for sale of the remaining lots to be as originally set. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission re-establish the time, date and place for the auction of specified Valley Unit Subdivision properties as follows: 1 :00 p.m. on Wednesday, November 4, at the Holiday Inn; and confirm the fair market values for those specified lots to be sold at the public auction, as follows: . Lot ~ Fair Market Value 38 1 $ 25,592. 48 1 19,190. 58 1 19,190. 68 1 38,379. Unolatted cas 1 510 Tr A 241,215. cas 1 509 Tr A 769,994. 10-13-92 ----- ..---.. -.----------.---.--. - 4 - and that the terms of the sale be set forth as follows: 20 percent of the purchase price as the down payment; that the balance be carried by the City for a five-year period at an interest rate of 7 percent, unless the buyer builds within one year from the date of sale, in which case the rate will be reduced to 5 percent, retroactive to the date of sale; with semi-annual payments; and that .Mandeville Auction Service and Security Title Company be retained for said sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Work Session - aeneral Commission discussion The City Manager reminded the Commissioners that they had set aside time for this type of item on the agenda whenever possible on a Tuesday meeting following a Monday holiday. Mayor Swanson asked any interested Commissioner to forward any topic for discussion. (1 ) Commissioner Vincent stated that he does not have a topic which he wishes to forward at this time; however, he forwarded one which he wants the Commission to consider at some time in the future. He noted that with the current level of management which the . Commission has, the workload and time commitment are quite extensive; and it appears that the load will only increase in the foreseeable future. He then expressed concern that with the number and length of meetings, Commissioners become unable to bring their best to each and every meeting. Commissioner Vincent also noted that the compensation for Commissioners is relatively low, which could be a disincentive for some people who may wish to serve. He noted, however, that when this issue was discussed during the budgeting process, it was the consensus of a majority of the Commission that the current compensation is adequate. Commissioner Knapp noted that the function of local government is reviewed every ten years by a Local Government Study Commission; and that process should occur again within the '. next five years. She suggested that any documentation which the City Commission might develop over the next three or four years could be helpful to the Study Commission in its work. Commissioner Knapp then noted that the Commission's management function is quite limited, since it only has two employees; and its main function is to make policy decisions. She noted that much of the impact on the Commission and the length of its meetings has been the direct result of the new master plan and zone code; and those issues should possibly be reviewed. 10-13-92 ---. ---.. - 5 - She suggested that one zone code amendment that should be seriously considered is to change the code so that all variance requests are submitted to the Board of Adjustment, like they were under the old code. She noted this type of request seems to be taking a considerable amount of Commission time; and she feels it is appropriate that those decisions be made by a non-political .bOdY since three specific criteria must be met. Commissioner Vincent noted Mayor Swanson's recent retirement, which provides greater flexibility for him to accept many of the mayoral types of activities. He noted, however, that in slightly over a year, he will become Mayor; and his full-time jOb must take priority over welcome addresses and other mayoral activities. He suggested that at that time, the other Commissioners may need to assist with some of those duties, becoming more actively involved. Commissioner Frost stated he recognizes the time constraints, acknowledging that the Commission has imposed some of the workload on itself. He noted that most people do not realize what is involved in being a Commissioner, or the amount of time that it requires. He then stated that he does not feel a person should run for the Commission because of the money; rather, it should be from a desire to serve the community. He then stated his preference for a part-time .government rather than a full-time Commission; however, he noted that the jOb will become more difficult as the community grows. Commissioner Frost then suggested that the Commission establish a limit of three public hearings a night, noting that after 9:30 or 10:00 p.m., he loses his ability to concentrate and absorb the information being set forth. He noted that to have more evening meetings might create another disincentive; however, he feels that is preferable to late night meetings. Mayor Swanson noted that in 1988, there was approximately $4 million in construction; the ten-year average is $8 million; and in 1992, there is approximately $12 million. He then suggested that the pressure created on the Commission is directly related to the increased construction activity; and he anticipates that the construction boom should subside within the next .few years. He then suggested that one of the problems in attracting candidates for City Commission might be the public perception that the action is at the federal level rather than the local level. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted it has been difficult to get business owners interested in running for City Commission, because they feel that the position should be filled by someone who is retired or has a very flexible schedule. 10-13-92 ...- .-...--- - 6 - She also noted that approximately 52 percent of the business owners in the community reside outside city limits and, therefore, cannot run for or vote for the City Commission. Commissioner Frost suggested that what has been perceived as the Mayor's duties in past years are really more public service activities, rather than being a part of the job description. ...... Commissioner Vincent encouraged the Commissioners to give this topic further ~ consideration, suggesting it might be brought back for additional discussion at a later date. (2) Commissioner Knapp forwarded her suggestion that a zone code amendment be considered which would forward all variance requests to the Board of Adjustment for action, as originally suggested in the above discussion. She suggested that this change would free some of the Commissioners' time, as well as establish what she feels is a more proper procedure. Commissioner Frost stated that amendment is to be a part of the impending zone code amendment process; and he feels it should be carefully considered. He then suggested that by revising some of the definitions and criteria for deviations, as well as the process for making decisions on those applications, it might be possible to eliminate those items from Commission consideration as well. He noted, however, that he feels care must be taken in making that change, .~ since there are some decisions on deviations that should possibly be more political in nature. He .~ also noted that some of the items which have recently been considered under the variance process would have been more appropriately addressed through the deviation process. (3) Mayor Swanson distributed information to the Commission which he had received as a member of the "diaper line" committee, providing a brief update on that committee's work. He noted that they have established the boundaries of the study area, which is located in the Bozeman Creek drainage area. He stated the area includes approximately 43 square miles, with 16 percent in City ownership, 23 percent in State ownership, and 60 percent in federal ownership. He noted that no private ownership is included in this study area. He then reviewed the statistics for the federally-owned portion of the property, noting that is the only part being considered for . timber harvest at this time. He stated that of the 14,507 acres, 2,360 acres are suitable for timber harvest; and 36 percent of that has already been harvested. Mayor Swanson stated that the next meeting of the Bozeman Creek study group is set for October 22, at which representatives from the State will be presenting a plan for their lands within the study area. He then stated that the issues which will be addressed at future meetings of the group include water issues, wildlife issues and recreation issues. He noted that after that, 10-13-92 ----......-.-....--.... .--.--.. - - 7 - the group will attempt to develop a series of projects, possibly including some trails, that they can agree on. At that time, they will prepare a public document and accept public input on its . contents. He then reviewed the members of the committee, which represent a broad spectrum of groups and interests. ........ Responding to Commissioner Frost, the Mayor stated that the clear cuts have been made ~ on federal land, which generally borders the City-owned properties. He then stated the next timber sale has been scheduled for October 1993, with work to begin during the Winter 1993. He noted that this should minimize damage to the area in which the timber harvest is being conducted. He further noted it is anticipated that the logs will be removed by mechanical means, with the trucks to leave the Bozeman Creek drainage by going over the top and exiting by the Langohr Campground. (4) Mayor Swanson suggested that five of the most important resolutions adopted at the recent Montana League of Cities and Towns convention be selected and forwarded to the candidates for the State Legislature, for their review and comment. He then asked for Commission response to this idea. ... Commissioner Knapp stated that, while she feels this is a good concept, she does not feel .., there is adequate time before the election, which is only three weeks away. She also noted that the opinions of each community represented at the convention varied; and care must be taken to ensure the wrong perception is not transmitted. She then suggested that the City not forward any information until the synopsis from the League office has been received. City Manager Wysocki noted that in the past, representatives from the City have attempted to meet with the successful candidates between the election and the beginning of the Legislative session, so they can forward their concerns and interests. He suggested that the Commission establish a date for such a meeting, noting he will contact Alec Hansen, Executive Director of the League, to see if he can attend that meeting as well. Commissioner Vincent noted that the City could send the information to the candidates, . on an informational basis only. He stated that at this time, the candidates are typically busy filling out surveys and campaigning; and they don't have the time to respond to an invitation to attend a meeting or respond to possible legislative issues. He then suggested it would be more beneficial to wait until after the election to conduct a meeting. Mayor Swanson suggested that the Commission set a meeting for November 16, or 10-13-92 --.. - 8 - possibly November 23. He then asked the City Manager to contact Alec Hansen to see when he would be able to attend. Responding to Mayor Swanson, Commissioner Vincent noted that, on balance, the State Legislature is still a rural legislature. He noted that with the reapportionment in 1995, that may .change. He then stated that, typically, the Legislature does view local government as another special interest group, like the Chamber of Commerce or any other similar group. He noted there "is no love affair between the Legislature and local government", noting that the legislators do not trust those in local government and further does not trust the people to vote for what they think is right. Mayor Swanson stated he will draft a letter to the candidates, inviting the successful ones to a meeting with the Commission on November 16. He then indicated that if the summary report from the League convention is ready by the time the letter is mailed, he will include it with the letter. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Mrs. Ruth Butler, 823 South 6th Avenue, dated October 7, stating her opposition to the possible closure of South 6th Avenue and West Harrison Street. (2) Agenda for the special Planning Board meeting to be held at 7:00 p.m. this evening in the Commission Room. (3) The City Manager submitted his weekly report, as follows. (1) Reminded the Commission that the Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday, October 14, at the Baxter. (2) Noted that on next week's agenda, the Commission will be asked to approve budget amendments to be included in closing of the Fiscal Year 1992 books, as a result of the . auditors' field work. (3) Announced that he met with three Mayors from Bolivia this morning, with garbage being the topic of discussion. (3) Reminded the Commissioners of the meeting with Commissioner of Higher Education Hutchenson at 5:30 p.m. tonight at Joe and Peg Gary's home. (4) Announced that staff closed the sale of the four Valley Unit Subdivision lots today. (5) Noted that at next week's meeting, the Commission will be asked to adopt a resolution allowing for the refunding of bonds for seven separate SID's through a pooled bond sale, which is estimated to 10-13-92 . " - 9 - result in a $455,000 savings in assessments to the owners of properties within those districts. (6) Reminded the Commission of the invitation to attend a dedication of trails at 4:00 p.m. on Saturday, October 17. (7) Announced that Planning Director Epple participated in the Chamber of Commerce retreat on Thursday and Friday. ~ (4) letter from RSVP, dated October 9, inviting the Commissioners to participate in ~ their volunteer recognition activities scheduled for 2:30 p.m. on Wednesday, October 14. (5) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Wednesday, October 14. (6) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Wednesday, October 14. (7) Agenda for the County Commission meeting which was held at 1 :30 p.m. today, along with daily minutes for the week of September 28. (8) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday evening. (2) Noted he will be meeting with the Mayors from Bolivia regarding urban forestation on Wednesday. (3) Attended the open house of the Habitat for Humanity, where ~ the Southwest Montana Home Building Industry Association donated $8,000 toward another home. .,., (9) Commissioner Knapp submitted the following. (1) Requested that on the November 9 agenda, those who attended the league of Cities and Towns convention in lewistown t be given an opportunity to submit their comments and observations, for the benefit of the three Commissioners who were unable to attend. (2) Noted the invitation in the Commissioners' packets to a meeting sponsored by the Casper, Wyoming, Housing Authority. She then asked if it would be beneficial to have someone from the staff attend the meeting, which is on housing developments for low and moderate income people; the City Manager suggested that the information be forwarded to the HRDC, since Bozeman has no housing authority. (10) Mayor Swanson submitted the following. (1) Gave information he has received from the Rocky Mountain Chapter of the International Chapter of Arborculture regarding an . upcoming meeting in Great Falls to Commissioner Frost. (2) Noted he has received an invitation to attend the recognition dinner for the ROTC Air Force on November 7. He indicated he is unable to attend, and asked any interested Commissioner to contact him. (3) Noted that Mayor Kemmis from Missoula and Mayor Rauthe from Kalispell would like to meet with representatives from Bozeman at local Government Day in Helena. He stated suggested topics of discussion include 10-13-92 --. ..--- . , , , - 10 - affordable housing and the transportation plan update in Bozeman. (11 ) City Attorney Luwe submitted the following. (1 ) Noted that he and Administrative Services Director Gamradt spent a considerable amount of time on the closing of the sale of the four Valley Unit Subdivision lots this past week, with that closing just being finalized . this afternoon. (2) Stated that he and Staff Attorney Wordal met with representatives from the Battered Women's Network last Tuesday to discuss issues of concern. He stated that these meetings will be held on a semi-annual basis, to ensure that good communication is maintained between the two offices. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Reauest for 6-month extension for final site Dlan - Gaston Engineerina & Survey for Town PumD. Inc. Deviation - to allow encroachment of structure 15 feet into reauired 25-foot front vard setback - William & Cathie Norton. 230 North Plum Avenue: Der ORB recommendation Buildina InsDection Division ReDort for SeDtember 1992 Claims . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Adjournment - 5:07 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, . Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 7l2/ ~ ~ ROBIN L. SULLIVAN Clerk of the Commission - 10-13-92