HomeMy WebLinkAbout1989-07-24
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
July 24, 1989
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 24, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis-
sioner Hawks, Commissioner Vant Hull, Commissioner Martel, City Manager Wysocki and
Clerk of the Commission Sullivan. Commissioner Goehrung 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
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that
the minutes of the regular meeting of July 17, 1989 be approved as amended. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hawks,
Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none.
of meetin of July 10, 1989, re creation of Cultural Af-
City Manager Wysocki stated that Mayor Stiff had requested this item be placed on
the agenda.
Mayor Stiff stated that under the motion which created the Cultural Affairs Advisory
Committee, it was his understanding that the committee would be sunsetted at June 30,
1990; and the committee would be charged with preparing a recommendation for structuring
a permanent committee. He noted that, although there was discussion about that issue, it
was not included as a part of the motion.
Commissioner Hawks stated it was his understanding that last week's action removed
the original December 31, 1989 sunsetting of the Beautification Committee and combined it
with the Arts Advisory Committee, which was an on-going committee. He indicated it was
also his understanding that the Cultural Affairs Advisory Committee, as created by
combining the two committees, was to be sunset at June 30, 1990.
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that
the minutes of the regular meeting of July 10, 1989 be approved as amended and clarified.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No,
none.
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Award bid - one 1989 sanitary landfill compactor (C.I P)
This was the time and place set for awarding the bid for one 1989 sanitary landfill
compactor. The City Manager reminded the Commission that monies for this item have been
budgeted in the Capital Improvements Program.
City Manager Wysocki then submitted to the Commission a memo from Director of
Public Service Phill Forbes addressing the questior"ls which were raised at last week's meet-
ing. He then noted the Director still supports his recommendation that the bid be awarded
to Tractor and Equipment, Billings, Montana, in the bid amount of $157,963.00, it being
the bid which would best serve the City of Bozeman. He noted the Director has also re-
quested that he be authorized to negotiate the six-month Value Assurance Warranty. The
City Manager concurred in this recommendation.
Director of Public Service Phill Forbes stated that he and his staff spent time after
last week's meeting gathering the requested information. He noted that letters of response
from the two firms have been included in the information submitted to the Commission for
review. He also stated that a tabulation of information gathered from landfill operators
concerning both Bomag and Caterpillar landfill compactors was also included in the packet.
The Director stated that the survey included in-state as well as out-of-state landfill
operators. He noted that those who use Caterpillar equipment appeared to be more sat-
isfied with the machinery than those using Bomag equipment, although both seem to be
good equipment with good repair service and dealership support.
Director of Public Service Forbes stated that after conducting the telephone survey,
one concern surfaced. He noted that it seemed a significant number of Bomag users indicat-
ed problems with fires in the equipment. He stated that, since the number of machines
involved is minimal, he cannot identify this as statistically significant; however, he does
feel it is an issue which should be taken into consideration.
Mayor Stiff asked if the fires reported in the equipment could be covered under a
warranty program; the Director responded that fire might be one of those perils excluded
in such coverage. He noted that the issue could possibly be addressed through the value
assurance agreement, depending upon negotiations with the dealer.
Commissioner Vant Hull asked if the issue of fire problems arose after last week's
meeting; the Director responded it did. He noted the staff was not aware of the issue un-
til after conducting the telephone survey at the Commission.s direction.
Commissioner Martel stated he does not feel that the problem with fire In the Bomag
equipment is significant, based on the survey performed. He also expressed concern that
the survey was not limited to in-state landfills, as was directed by the Commission. He
then noted that the questions submitted to the dealers were good, and both responded
well. The Commissioner further noted that both bidders responded to the invitation to bid
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in good faith; and neither bidder has been disqualified.
It was moved by Commissioner Martel that the bid for one 1989 sanitary landfill
compactor be awarded to Western Plains Machinery, Inc., Billings, Montana, in the amount
of $143,956.00, it being the lowest bid received. The motion failed for lack of a second.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that
the bid for one 1989 sanitary landfill compactor be awarded to Tractor and Equipment Com-
pany, Billings, Montana, in the bid amount of $157,963.00 and authorize the Director of
Public Service to negotiate-the Value Assurance Warranty terms, it being the bid which
serves the best interests of the City of Bozeman. The motion failed by the following Aye
and No vote: those voting Aye being Commissioner Hawks and Commissioner Vant Hull;
those voting No being Commissioner Martel and Mayor Stiff.
In response to a question from the Commission, the City Manager indicated staff will
submit a recommendation for further consideration of this item at next week's meeting,
when a full Commission is present.
re beautification ro"ect in in front of Dari old - Dennis
City Manager Wysocki stated that Dennis Seibel had requested an opportunity to ad-
dress the Commission to provide an update on the Beautification Committee's activities.
Mr. Dennis Seibel, staff person for the Beautification Committee, distributed to the
Commission a copy of a picture of the Darigold building and a drawing of the proposed
beautification project for a portion of the public right-of-way in front of Darigold. He
then provided the Commission with a verbal update of the Beautification Committee's activ-
ities to date.
Mr. Seibel stated that the 30-foot strip in front of Darigold, which is currently
paved and used for parking, is actually a vacated portion of public right-Of-way which is
under City ownership. He noted this strip lies between the eastern property I ine of Lots
1, 2, 3 and 4 and the North 7th Avenue right-of-way. A 30-foot wide service drive exists
along the eastern property line of Lots 5, 6 and 7; and that drive is currently unpaved.
Mr. Seibel stated that under this proposal, the sidewalk which currently runs along
the western edge of the vacated right-of-way would remain, and would be extended north-
ward to the property line. He noted that Darigold is currently in the process of seeding
or sodding Lots 5, 6 and 7, which lie west of the service drive, and installing an under-
ground sprinkling system. He stated that Mr. Keith Nye, Manager of Darigold, has agreed
to provide the additional nodes to allow an underground sprinkling system in the proposed
green strip at no cost to the City; and Darlgold will bear the water costs for that irriga-
tion. He has further agreed to mow the grass in the summer and shovel the snow in the
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winter.
Mr. Dennis Seibel stated that through this proposal, the service drive would be
covered with top soil, sodded or seeded, and landscaped with shrubbery and plantings.
He further suggested that the tourist booth for the Chamber of Commerce be relocated
from its existing site and placed on a foundation on the subject parcel. Three or four
parking spaces for tourists could be provided in the existing paved area. Mr. Seibel then
stated that criteria for an art object could be developed; and a committee could then be
charged with the duty of finding an art piece which would meet those criteria. He sug-
gested that a one- or two-year lease, at little or no cost to the City, might be the most
feasible method of providing art work for the site.
Mr. Seibel stated that, since the paved parking lot is located on City property and
the proposed landscaped area would be located on Darigold property, it may be appropriate
to enter into five-year lease agreements which would allow this project to be completed.
He also suggested that to complete this beautification project would be the first of many,
which would eventually result in beautification of the entire North 7th Avenue corridor.
Mr. Dennis Seibel announced that U. S. West has agreed to donate $1,000 for the
Centennial project. He noted that this, along with Darigold's willingness to contribute
grass and the maintenance thereof, will help to make this project a reality.
Commissioner Hawks asked if three or four parking spaces will be adequate for the
tou ri st booth.
Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce,
stated there are usually no more than two or three cars at the tourist booth at any time.
Commissioner Vant Hull questioned whether there would be adequate space to place
the tourist booth and an art object on the subject site without looking crowded.
Mr. Seibel responded that he feels it is possible. He noted the subject site is 30
feet wide and 220 feet long. He suggested that to place the Chamber of Commerce tourist
booth on this site could put it in more pleasant surroundings than its existing site on the
edge of the parking lot for the Bozeman Inn.
Ms. Joyner stated the existing site is not a permanent one for the tourist booth.
She then indicated that if the booth is relocated to this site and the Chamber is assured
that it would remain there for at least a five-year period, she would be willing to ask the
Board to participate in improvement of the site.
Commissioner Martel noted there has been substantial discussion about installation of
a sidewalk along North 7th Avenue; however, such a sidewalk has not been included in the
plan as submitted. He then asked how that would impact this proposal.
Mr. Seibel stated that is an issue which the Commission must address. He then re-
minded the Commission that the existing parking lot is located on City property; therefore,
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the City would be required to bear the costs of installation of such a sidewalk.
City Manager Wysocki suggested that a five-year lease, renewed on an annual ba-
sis, cou Id help to alleviate questions or concerns which might arise. He then indicated
that discussion about possible trade of properties was held; but it was determined no ac-
tion should be taken until after the North 19th Avenue and West Oak Street projects have
been completed to determine if an acceleration lane is needed.
Commissioner Hawks suggested it may be appropriate to locate the green area back
from North 7th Avenue, rather than at the curb. He then asked if the green area is to
extend in front of the office buildings to the north; Mr. Seibel indicated it is not.
City Manager Wysocki asked if the Commissioners agree with the concept of the pro-
posal as submitted.
Commissioner Vant Hull indicated a desire to view the site prior to making any de-
cisions.
Commissioner Hawks asked if the City's zoning regulations would be observed in
placement of the tourist building on the subject site; the City Manager responded they
would be.
I n response to a question from Commissioner Vant Hull, Mr. Seibel stated the Beauti-
fication Committee has conceptually approved this proposal. He indicated they felt it nec-
essary to obtain Commission concurrence before proceeding any further on the project.
In response to a question from Mayor Stiff, the City Manager indicated that the
proposed project Is located outside the North 7th A venue right-of-way; therefore, the
Highway Department does not become involved. He noted, however, that if a parking lane
is desired or a curb cut is needed, the Highway Department would become involved.
Mayor Stiff asked what costs both Darigold and the City would incur under this
proposal. Dennis Seibel responded that Darigold would bear the costs of the underground
sprinkler system, top soil, seeding or sodding, watering, mowing, and plowing the side-
walk. The City would be responsible for purchasing and installing any vegetation, other
than grass, for the site, as well as the a rt object.
The Commission indicated conceptual support for the project, although concerns yet
remain.
Mr. Dennis Seibel then submitted a brief update on this summer's landscaping com-
petition. He stated the Bozeman Daily Chronicle has agreed to sponsor the "Valley of the
Flowers" landscaping competition. He stated this year's competition, which includes sever-
al categories, will be limited to curbside viewing only, due to lateness in initiating the
program. He indicated that within the next two weeks, the Chronicle will publish an arti-
cle on the competition, along with an entry form; and those who are interested in partic-
ipating may complete and return the form. He stated that at the end of August, a group
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of judges will visit the various sites and judge the landscaping. The Chronicle has agreed
to buy wood plaques for the winners In each category.
Mr. Seibel stated that next year's competition will be announced in March. He in-
dicated that back yards will be included in that competition, even though they will not be
this year.
Mr. Seibel stated one question is whether the competition should be titled "Valley of
Flowers" or "Valley of the Flowers". He indicated that discussions with different long-time
residents of the valley have not resulted in any definite answer.
Commissioner Hawks suggested liThe Valley of Flowers". He indicated that "Valley
of Flowers" is generic and could apply to any valley; and he feels "The Valley of Flowers"
or "Valley of the Flowers" is more appropriate.
Mayor Stiff suggested that the Beautification Committee be asked to make the deci-
sion on that question.
B rea k - 3: 05 to 3: 1 0 p. m .
Mayor Stiff declared a break from 3:05 p.m. to 3:10 p.m., in accordance with Com-
mission policy establ ished at their regular meeting of March 14, 1983.
Discussion - schedule for work sessions on City Manager's budget recommendations
City Manager Wysocki submitted to the Commission a proposed schedule for work
sessions on the City Manager's budget recommendations and adoption of the appropriation
ordinance for Fiscal Year 1989-90. He noted this includes Monday afternoons beginning at
3:00 p.m. and Wednesday mornings beginning at 9:00 a.m., starting with Monday, July 31.
He reminded the Commission that Commissioner Goehrung will be absent for a portion of
the work sessions; however, he noted the staff is willing to update Commissioners who are
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absent from these sessions. He then suggested that the work sessions be limited to two
hou rs each.
Mayor Stiff suggested that the work sessions on Wednesday mornings be started at
8:00 a.m.
Commissioner Hawks indicated he would be unable to attend at 8:00 a.m., since the
ad hoc implementation committee is meeting at 7:00 a.m. on a regular basis. He stated
those meetings are usually completed by 8: 30 a. m. or shortly thereafter.
The Commissioners then concurred on the following schedule for work sessions on
the budget for Fiscal Year 1989-90:
Monday, July 31,1989 3: 00 p. m.
Wednesday, August 2, 1989 8:30 a.m.
Monday, August 7, 1989 3 : 00 p. m .
Wednesday, August 9, 1989 8:30 a.m.
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Mayor Stiff suggested it may be appropriate to begin the regular Commission meet-
ings at 1: 00 p. m. rather than 2: 00 p. m. to allow the Commission adequate time to complete
the regular business items.
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that
the Commission meetings of July 31 and August 7 be scheduled to begin at 1 :00 p.m. rath-
er than 2: 00 p.m., due to the scheduled work sessions on the budget. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com-
missioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none.
Lea ue of Cities and Towns Convention to
City Manager Wysocki noted that included in the Commissioners' packets was infor-
mation on the Montana League of Cities and Towns Convention, which is to be held in
Helena on September 13-15. He requested that the Commissioners complete the survey in-
eluded, which will help to determine which workshops will be held during the convention,
and submit it to the Clerk of the Commission as soon as possible.
The City Manager then reminded the Commission that next year the convention will
be held in Bozeman. He encouraged all Commissioners to attend this year's convention and
monitor it carefully to determine what can be done next year to ensure its success.
Those Commissioners present indicated their intent to participate in the convention.
Mrs. Daria Joyner, Chamber of Commerce, indicated one of her staff people is as-
signed to helping organize conventions. She suggested that the City might be able to use
such services while preparing for the convention.
Discussion - fifth Monday discussion items
Mayor Stiff noted that in action taken above, the Commission set the Commission
meeting to begin at 1 :00 p.m., with a work session on the budget to begin at 3:00 p.m.
He then suggested that a few topics could be established for this type of discussion.
Mayor Stiff suggested that the possibility of implementing a tax increment financing
program should be discussed. Commissioner Hawks and Commissioner Vant Hull noted that
had been on their lists of suggested topics.
Mayor Stiff then proposed that the City staff review the pOSSibility of adopting a
Resolution which would implement a State statute allowing tax abatement on a graduated
scale over a five-year period for improvement of real property. He noted this pr6gram is
similar to the tax relief program which the City has previously adopted; and discussion
should be minimal on this issue.
Mayor Stiff stated another issue to be discussed is sidewalk liability, noting one of
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this week's "For Your Information" items concerns that issue.
Commissioner Hawks stated the ad hoc implementation committee may be prepared to
submit a recommendation to the County Commission and the City Commission concerning the
combining of the City-County Planning Board and the Zoning Commission at next week's
meetings.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Informa-
tion" items.
(1) A copy of the Attorney General's opinion requested by the City and Gallatin
County concerning extraterritorial jurisdiction. The City Manager suggested the Commis-
sioners may also wish to review AG Opinion No. 22, which also addresses extraterritorial
jurisdiction. .
Mayor Stiff suggested this item be placed on the agenda for discussion when City
Attorney Becker is prepared to address the issue.
(2) An updated listing of members on the various boards and commissions.
(3 ) A copy of the advertisement being placed In the newspaper for vacancies on
the Historic Preservation Advisory Commission and the Parking Commission.
(4) A copy of a memo from the Planning staff to the City Attorney turning the
Life Link situation over to the City Attorney for appropriate action.
(5) Agenda and packets for the Zoning Commission meeting to be held on Tues-
day, July 25, 1989.
(6) A copy of the letter and accompanying documentation from the Montana Mu-
nicipal Insurance Authority concerning sidewalk liability.
(7) A copy of the settlement agreement signed today in the City v. Campeau et
II I. ca se .
(8) City Manager's report, as follows: (1) The City Manager distributed copies
of a letter from Edna Berg, Chairman of the Library Board of Trustees, to the County
Commission, suggesting that the County's non-property tax revenue monies be split among
the five libraries in the County, rather than having all of the monies given to the Bozeman
3/ Public Library. The City M~er noted that the total amount under consideration is ap-
proximately $4,400, which iS1\enough .QQot to have a dramatic impact on Bozeman's library;
however, it would have had a definite impact on the smaller libraries. (2) City staff and
the Recreation Advisory Board are reviewing the possibility of acquiring, as a gift, two
lots in Gardner Park for park purposes. He indicated that if these lots are accepted,
there are some back taxes which must be paid. as well as acceptance of future RI D assess-
ments and maintenance costs therefor. He also indicated that if the City accepts the gift,
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it should be with the understanding that the property is for public purposes, not as park-
land. (3) In response to a question from Commissioner Vant Hull, the City Manager indi-
cated that the gift from Scully has been finalized, noting that the delinquent taxes have
been brought current. (4) He noted that he, as well as many of the Commissioners, partici-
pated in the various meetings held by the planning consultants last week. (5) The first
step in the dog and cat census has been completed. Those results will now be tabulated
and those who failed to respond to the first survey will be contacted a second time. (6)
The City Manager indicated he met with and welcomed the Good Sams on Thursday evening
on behalf of the Mayor, who was unable to attend. (7) The City Manager stated he attend-
ed the MMIA board meeting in Helena on Friday. (8) He indicated that he has met twice
with Carroll Henderson and his attorney concerning the Sylvan Springs access to the lin-
ear park; and the next meeting will be on site. He noted that they are attempting to find
a solution which will be acceptable to both parties. (9) The City has received verbal con-
currence from Sinclair for acquisition of right-of-way along the station located at the
northwest corner of the intersection of North 7th Avenue and Durston Road, to allow for
installation of a left-turn lane on Durston Road. (10) He met with Dennis Seibel and Daria
Joyner last week concerning the beautification project upon which the Commission was
updated earlier in the meeting. (11) He submitted two proposals to Alec Hansen for a
headquarters motel for next year's League convention, which will be held in Bozeman. He
noted that two different dates have been tentatively set aside at each motel; and the deci-
sion on the location must be made in the near future to ensure those dates.
(9) Commissioner Vant Hull noted the updated staff manual for the Recreation
Department is well done, suggesting other departments should possibly implement such a
document.
(10) Commissioner Vant Hull distributed to the Commission copies of a graph of
~mill levy values which she has maintained from 1975 to date.
(11) Commissioner Vant Hull distributed to the Commission copies of an editorial
from the Environmental Action Magazine concerning promotion of wild spots and natural ar-
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(J!I eas wittf'a community.
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(12 ) In response to a question from Commissioner Martel, the City Manager gave a
brief water use report. He noted approximately 9.5 million gallons is being used each
day, reminding the Commission that the plant can produce 10 mill ion gallons a day. He
then stated there is adequate water supply available, noting Hyalite Lake is lowering
slightly because of irrigation for second cutting.
(13) Mayor Stiff stated he and City Manager Wys.!!.cki hark received information
~ f. concerning the Big Sky Music Festival. which is t~eld in t!t?"-m on August 3-16. along
with invitations to attend the performance to be held on the 3rd. He indicated neither he
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nor the City Manager is able to attend that performance, suggesting possibly Commissioner
Hawks would be willing to do so.
(14 ) Mayor Stiff asked that Commissioner Hawks and Commissioner Goehrung be
responsible for gathering budgetary information for the Cultural Affairs Advisory Commit-
tee. He suggested that information Include revenues and expenditures to date as well as
projected revenues and expenditures for the upcoming fiscal year. He noted that any
costs to the City should be included In the budget for next fiscal year.
The City Manager suggested that a separate budget unit for this activity be estab-
lished after this next fiscal year, thus allowing the City to gather information for a year.
Commissioner Hawks indicated he will be out of town for the remainder of the week.
He then suggested that Mr. Ralph Johnson, Chairman of the committee, could probably
provide the requested information.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Re
No. 1 for SID No. 653 - add
A
annual report of City-County Planning
Claims
It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the
Consent Items be approved as listed above, and the appropriate persons be authorized and
directed to complete the necessary actions. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Martel, Commissioner Hawks, Commissioner
Vant Hull and Mayor Stiff; those voting No, none.
Adjournment - 4:05 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Hawks, seconded by Commissioner Martel, that the meeting be ad-
jou rned . The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hawks, Commissioner Martel, Commissioner Vant Hull and Mayor Stiff; those
voting No, none.
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