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HomeMy WebLinkAbout1990-04-02 :~~ ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 2, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 2, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent I tems be removed for discussion. Minutes - March 19, 1990 and March 26, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes for the regular meeting of March 19, 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Mayor Hawks deferred action on the minutes of the regular meeting of March 26, 1990 for a period of one week. This was the time and place set for the decision on the preliminary plat of Westfield Subdivision, Phase II, which is located in the southeast one-quarter of Section 24, Town- ship 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located west of Wagon Wheel Road and south of Westfield Subdivision, Phase I. City Manager Wysocki submitted to the Commission a memo from the staff dated April 2, 1990, which he briefly highlighted. He stated that staff suggests that Condition No.3, as recommended by the City-County Planning Board, be deleted and that a new condition be inserted in its place pertaining to review of sidewalk proposals for Phase I I. He noted that revisions have been suggested to Condition No. 6 to change the width of the public street right-of-way to 60 feet and to require the installation of detached sidewalks on both sides of the street. He then indicated that Condition No. 8 would be revised to require review and approval of the curb design by the Director of Public Service. The City Manager then stated that the second page of the memo provides three lan- guage alternatives for a possible added condition pertaining to any participation in pay- 04-02-90 " i' (~j " " - 2 - backs to S.1. D. No. 610 for this project for Commission consideration. He noted that staff ) met with the developer and some of the residents in S.I.D. No. 610 last week in an at- tempt to resolve the issue prior to this Commission meeting; however, that meeting did not provide the desired results. Director of Public Service Phill Forbes provided the Commissioners with maps of the general area, along with the history of special improvement districts utilized for the exten- sion of water and sewer lines to the subject area. He noted that in 1975, S.I.D. No. 550 extended water lines to the intersection of Graf Street North and South Third Avenue. In 1980, S .1. D. No. 610 extended those lines along Wagon Wheel Road and into the Woodridge Annexation, at a construction cost of $28,850 for that portion of the line along Wagon Wheel Road from Graf Street North to Silverwood Drive. He noted that in 1984, Mr. Clair Daines privately funded installation of a water main in Fieldstone Drive for Phase I of the Westfield Subdivision; and that line tied onto the water main lying In Wagon Wheel Road. He noted that in development of Phase II, Mr. Daines proposes to privately fund instal- lation of the water main in Concord Drive, with that line to tie into the line instal/ed through S.I.D. No. 610, then tie into the existing line in Fieldstone Drive. The Director , , of Public Service noted that one of~he conditions for approval is that the water line also be looped along the western boundary of the property and tie into the line currently at the end of Westridge Drive; He indicated that this looped water system will provide a more reliable water flow, since water can be provided through two different mains rather than thr'ough one only. The Director then addressed the extension of sewer lines, noting that in 1975, S.I.D. No. 551 provided the extension of lines to the corner of South Third Avenue and Graf Street North. He stated that in 1980, S .1. D. No. 610 extended those lines along Wagon Wheel Road and into the Wood ridge Annexation. He indicated that the construction costs were $3,890 for that portion from Graf Street North to Graf Street South along South Third Avenue; and $20,560 for that portion from Graf Street South to Silverwood Drive. In 1984, when Mr. Daines extended the sewer lines for Phase I of Westfield Subdivision, he tied into the line at Graf Street South; however, he was required to run a sewer line along Wagon Wheel Road parallel to the one installed through S .1. D. No. 610 because it was not buried deep enough. He indicated that in development of Phase II of Westfield Subdivision, Mr. Daines proposes to privately fund extension of that sewer line. The Director of Public Service then stated that, in addition to the actual con- struction costs involved, residents within the S.I.D. No. 610 paid approximately 17.5 per- cent in administrative costs, which include engineering, S.1. D. Revolving Fund and City administrative fees for the duration of the nineteen-year bond issue. In response to a question from the Mayor, Director of Public Service Forbes in- 04-02-90 t" ,.. " . ^", - 3 - dicated it is anticipated that the water and sewer services for Phase II I of the Westfield Subdivision will be provided through extension of those lines in Phases I and I I. The Director of Public Service then reviewed the assessable areas of the various properties in the immediate area, noting that the area encompassed in S.I.D. No. 610 is 10.28 acres; in Westfield Subdivision, Phases I, II and III, the assessable area is 18.32 acres; and in the unplatted parcel just north of Woodridge Subdivision, the assessable area is approximately 6 acres. Commissioner Frost asked if the water line to be installed in Phase I I will also be hooked to the water line installed through S.I. D. No. 610, thus providing a looped system for that area as well; the Director responded in the affirmative. The Director then stated it was his original proposal to require that the looped water system be provided at the be- ginning of Phase II; however, conversations with the Fire Marshal have revealed that, based on the density and residential character of the neighborhood, the looped system is not essential at this time. He noted that the fire flows were recently tested; and in this area, they are 3800 gallons per minute while the mandatory flow is 1500 gallons per min- ute. He stated, therefore, the only issue to be addressed with the looped system is re- liability. In response to a question from Commissioner Frost, the Director stated it should not be any more difficult to install the looped line along the property line at some time in the future than it is now. In response to questions from Commissioner Goehrung, Director of Public Service Forbes stated that the water line for Phase I of Westfield Subdivision did tie onto the line installed through S.I.D. No. 610; therefore, it did impact that system. He stated that in reviewing his files, he has found no provisions for any paybacks from that connection. He noted that all references to paybacks seem to have been made at the time the subject parcel was annexed. The Director of Public Service then noted that attached to the maps of the area was a copy of the notes which former City Engineer Arthur Van1t Hul made concerning S .1. D. No. 610. He stated in those notes, the Engineer indicated that S.I.D. No. 610 did not pay back to either S .I.D. No. 525 or S .1. D. No. 526, suggesting that it should probably not receive a payback, either. The Director noted that at that time. the Engineer's office was charged with keeping track of payback agreements; and there are no records of any payback agreements for Phase I of Westfield Subdivision. Commissioner Swanson noted the key phrase in providing for a payback is "benefi- cial use, II asking for a definition of that phrase. Director of Public Service Forbes stated that is a difficult phrase to define or quantify. He noted that both the Woodridge Subdivision and the Westfield Subdivision 04-02-90 . . '. . - 4 - have benefitted from previous development which had extended the infrastructure to the intersection of South Third Avenue and Graf Street North. He also cautioned that pay- backs are virtually limitless if that type of extension is not considered a part of normal growth. In response to a question from Commissioner Knapp, the Director stated that under normal processes, a parcel is annexed and then developed; and that is the manner in which both Wood ridge and Westfield were addressed. City Manager Wysocki stated that in the past, if extension of water and sewer lines was considered as part of the normal growth process, no payback provision was made. He noted, however, in cases such as the Valley Unit Subdivision, where water and sewer lines were extended for a considerable distance past developed or undeveloped ground, a pay- back provision was included to allow for recouping some of those expenditures. The City Manager stated the appropriate time to address that issue is during creation of a special improvement district; and it should be included in the resolution of creation. Commissioner Swanson stated that in testimony submitted during the public hear- ings, all parties involved, including the developer, referred to anticipation of a payback to S.I.D. No. 610. He then suggested an interest in having the developer and residents of S.I.D. No. 610 meet again to see if they can reach an agreement on a payback amount. The City Manager reminded the Commission that the set of circumstances which now exist are different from what was anticipated when S .1. D. No. 610 was created, and from when a payback was originally discussed. He then stated that both sides must compro- mise; and the City staff could help to facilitate that process if the Commission so directs. Commissioner Goehrung questioned what the City staff would try to facilitate at this time. He also asked if the bigger question of future extensions of water and sewer lines should be addressed. He then suggested that the Commission consider adding a payback condition which includes Option No.3, with possible inclusion of Option No.2 as a safety mechanism in the event that a compromise cannot be reached by the two parties. Commissioner Frost stated concurrence with Commissioner Goehrung's suggestion. He then stated that if a payback is anticipated for a water or sewer extension, the appro- priate legal documents should be prepared and filed so this type of question does not arise. Mayor Hawks asked if the Commission wishes to become involved in developing a payback amount or if it simply wishes the City to administer the financial transaction. Following discussion, the Commission concurred that the two parties should attempt to reach a compromise; and if that is unsuccessful, an arbitrator should be involved. They questioned, however, whether the City staff could appropriately serve in that capacity. The Commission further concurred that this negotiation process may not be utilized to hold 04-02-90 . " - 5 - this project hostage; therefore, care must be exercised in developing the language of the condition which addresses this issue. In response to a question from the Commission, Mr. Clair Daines stated that he agrees that a payback would be appropriate, noting it is a moral issue rather than a legal issue. He then stated a willingness to meet with representatives of S. I. D. No. 610 to try to determine an appropriate amount. Mr. Bill Muhs, 124 Heritage Drive, stated he has been a resident of S.I.D. No. 610 for almost eight years. He then stated the residents would be willing to meet with Mr. Daines on this issue. In response to a question from Commissioner Goehrung, the City Manager stated that if a payback provision is not included in the resolution creating a special improvement district, the City should not be involved in resolving any future payback issues. The City Manager then recommended that the Commission approve the preliminary plat, subject to the revised conditions as proposed by staff. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the preliminary plat on Westfield Subdivision, Phase II, which is locat- ed in the southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval; 2. The final plat shall include all required certificates as outlined in the Bozeman Area Subdivision regulations; 3. That all sidewalk proposals for Phase II be submitted for review by the Pedestrian/Traffic Safety Committee and that a recommendation be made to the Director of Public Service prior to final plat approval; 4. The developer shall provide for the design of a sidewalk to City stan- dards which will extend along South Third Avenue from Graf Street to Kagy Boulevard, and that said design shall be completed and accepted by the Director of Public Service prior to final plat approval; 5. That the sidewalk on the east boundary of the property along Wagon Wheel Road be extended south through Phase I I, and that it be main- tained and repaired by the homeowners' association; 6. The final construction plans and profiles for all streets, water, sani- tary sewer, fire hydrants and detached sidewalks on both sides of the public street, all to be within a 60 foot public right-of-way, shall be prepared and submitted for review and approval by the Director of Public Service pursuant to Chapter 16.26 of the Bozeman Area Subdi- vision Regulations; 7. That the language on the final plat indicate that Westfield Park is not a publicly owned or maintained park; 8. That all curbs and gutter within the subdivision be either vertical or "rollover curb" design acceptable to the review and approval of the Director of Public Service, and that all sidewalks will be installed with the construction of each residential home as part of the building permit, and that residential homes will not receive an occupancy per- mit without the installation of the sidewalk; 04-02-90 , . - 6 - 9. That two "No Parking" signs be installed along the east side of Field- stone Drive just prior to the private road transition in Phase I; 10. That a dead-end sign, barricade and temporary cul-de-sac with a minimum 50-foot radius gravel surface and easement be installed at the south end of the north/south public street, formerly referred to as Fieldstone Drive, for Phase II; 11. That the property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right-to-protest creation of an S. I . D. for improvements to South Third Avenue for one-half of a residential street for paving, curb and gutter, and intersection improvements at Kagy Boulevard prior to final plat approval; 12. That Fieldstone Drive be identified as a different street and given a new name for Phase II and Phase I I I, commencing at a point where it turns south from Phase I; 13. That a weed control plan be submitted for review and approval by the County Weed Supervisor, and that it be incorporated into the home- owners' documents prior to final plat approval; 14. That a site plan of the tot lot showing location of trees, landscaping and tot lot equipment to be submitted for review and approval by the Planning Director prior to final plat review; 15. That the property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right-to-protest the creation of a parks maintenance district prior to final plat approval; 16. That the developer and residents of S.I.D. No. 610 will agree on a payback amount by May 1, 1990, by themselves or with an arbitrator; the City of Bozeman will then administer the financial transaction. 17. The Declaration of Covenants shall be revised in the following man- ner: a. The covenants shall be for Westfield Subdivision, Phase II, and not Westfield Park, Phase I I; b. That the terms "roadway" and "roadways" will be elimi- nated from any reference as common area in the cove- nants; c. That Article V - Maintenance, include a statement that requires the homeowners' association to maintain and re- pair when necessary the sidewalk along the east boundary of Phase II, and along the west side of Wagon Wheel Road; d. That Article VI be revised to designate the City of Bozeman as third party to the covenants instead of Gallatin County; and 18. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of approval. If the final plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to the amount of 150 percent of the cost of the remaining payments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. This was the time and place set for the decision on the Zone Map Change from AS to RS-1, requested by Lewis P. and Sarah Nash Zimmer and Thomas and Nancy Holmquist. The subject property is located in the northwest one-quarter of Section 20, Township 2 04-02-90 . - 7 - South, Range 6 East, Montana Principal Meridian, and is more commonly known as being south of Kagy, east of Highland and north of Sourdough Ridge Subdivision. The City Manager reminded the Commission that the public hearing on this zone map change request was closed at last week's meeting. He then concurred in the City-County Planning Board's recommendation for approval. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Zone Map Change from AS to RS-1, requested by Lewis P. and ., " , L Sarah Nash Zimmer and Thomas and Nancy Holmquist on a parcel of property located in the northwest one-quarter of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the foOlIowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor' Haw ks; those voting No, none. Ordinance No. 1307 - amending the zoni.ng desi~nation from AS to RS-1 on approximately 80 acres located in the northwest one- uarter 0 Section 20, T2S, R6E, MPM (south of agy, east of ig and and north 0 ourdoug I ge ubdiviSlon City Manager Wysocki presented Ordinance No. 1307, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1307 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONINC DISTRICT DESIGNATION FROM AN "AS" (AGRICULTURAL SUBURBAN) TO AN IRS-1" (RESIDENTIAL- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON PROPERTY IDENTIFIED AS BEING APPROXIMATELY 80 ACRES LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The City Manager Indicated that this ordinance enacts the above decision. He then recommended that it be finally adopted and brought back in two weeks for final adoption. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1307, amending the zoning district desig- nation from AS to RS-1 on approximately 80 acres located in the northwest one-quarter of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. City Manager Wysocki presented Ordinance No. 1309, as reviewed by the City At- torney, entitled: 04-02-90 . - 8 - ORDINANCE NO. 1309 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF McADOW AVE- NUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC ADDITION TO THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE EAST AND FURTHER LYING BETWEEN FRONT STREET ON THE NORTH AND THE SOUTHERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY ON THE SOUTH, ALL LOCATED IN THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that they had conducted the public hearing on this requested street vacation at their regular meeting of January 15, 1990 and voted to approve it. He then recommended that the Commission provisionally adopt this ordinance, which will vacate the subject street right-of-way and that it be brought back in two weeks for final adoption, provided the property owner has executed a public utility easement across the right-of-way being vacated as well as across Block 47. It was moved by Commissioner Goehrung, seconded by Commissioner Frost. that the Commission provisionally adopt Ordinance No. 1309, vacating and abandoning a portion of McAdow Avenue, and that it be brought back in two weeks for final adoption. provided the accompanying easement has been completely executed. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Request for endorsement of the Jack Creek Road proposal City Manager Wysocki stated that Mayor Hawks had requested this item be placed on the agenda. He noted that included in the Commissioners. packets were copies of a note to Mayor Hawks along with some letters of support. Mayor Hawks stated he had placed this item on the agenda because he feels that the Commission should respond to the request for endorsement of the project. He stated that a recent conversation with Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce. revealed that body has taken no formal action or offered any endorsement at this point. Mr. Bob Walker, T Lazy BRanch. located at the mouth of the Jack Creek Canyon, stated he moved to Ennis from Aspen, Colorado, thirteen years ago. He noted, therefore, he is familiar with development and communities near ski areas. He stated opposition to the proposal for the extension of Jack Creek Road to the Big Sky Ski Resort, noting it involves a multi-million-dollar project with tremendous impacts on environmental and social issues. He further noted there is not adequate, accurate information upon which to base a decision at this time; therefore, an extensive study must be undertaken before any in- formed decision can be made. Mrs. Theo Walker thanked the Commission for not taking immediate action on this 04-02-90 . ' - 9 - request for endorsement when it was originally submitted. She then stated that she has written several letters of opposition to the Jack Creek Road project to the Bozeman Daily Chronicle and the Madisonian. Mrs. Walker stated that the Jack Creek Task Force has stated that this project would not compete with the North 19th Avenue interchange; howev- er, the same funding source is involved. Mrs. Walker stated she has sent surveys to all of the residents along the Jack Creek Road; and she is receiving a good response. She indicated that copies of those re- sponses are being forwarded to several people and agencies, including the Madison County Planning Board, Chamber of Commerce, Jack Creek Task Force, Governor and senators. She also noted those responses reflect a ratio of 5 to 1 against the proposed road. Mrs. Walker then encouraged caution in endorsing the project before all of the facts are avail- able. Mr. James Pritchard, 90S South Tracy Avenue, stated he is a graduate student in History. He then urged the Commission to vote against any endorsement of the Jack Creek Road project. He cautioned that Issues to be considered are the goat habitat in the Spanish Peaks and the elk calving grounds that would be disturbed by this roadway. He also expressed concern that this road would be the basis for spawning of smaller develop- ments near the existing Big Sky development. He noted that such development could de- stroy the qualities which make Bozeman such a wonderful place to live. Ms. Diane Debinski, MSU graduate student in Biology, stated she is a representa- tive of the Bozeman Greens. She also stated opposition to the Jack Creek Road proposal, citing the pressure on wildlife and the wilderness areas as major concerns. She noted that in addition to the goats and elk, the big horn sheep and grizzly bears would also be im- pacted, as well as people. She then expressed concern about the fragmentation to the eco system that this proposed road would cause. Ms. Debinski then stated that long-term planning must occur before this roadway can be adequately considered. She also stated that the amount of environmental impact which is acceptable must also be determined. She then reiterated her opposition to this proposal and the requested letter of endorsement. Commissioner Goehrung stated that until the direction that the proposed develop- ment will take is clear ,he does not feel he Is in a position to endorse the proposal. Commissioner Swanson stated concurrence, noting he does not feel the proposal is far enough along in its process to be endorsed. He also indicated he does not know how the residents of Bozeman feel on this issue, suggesting that a public meeting on the matter would be beneficial before any type of endorsement is considered. Commissioner Knapp noted that the subject project is located outside Bozeman and outside Gallatin County; however, it would have a spill-over effect on this area. She then 04-02-90 . .' iii . - 10 - concurred with the other Commissioners that she does not have adequate information to support an endorsement at this time. Mayor Hawks noted the Commission has been asked to endorse this project to reflect broad-based support in an attempt to garner funds to study the proposal. He then noted that he, too, is not prepared to endorse this issue, noting concern about the potential re- gional and environmental impacts. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission not submit a letter of endorsement for the Jack Creek Road project at this time. Commissioner Goehrung suggested that the Commission take no action at this time, indicating he will not vote for any motion pertaining to endorsement at this time. Commissioner Swanson withdrew his second; no other Commissioner seconded the motion; and it died for lack of a second. It was moved by Commissioner Knapp, seconded by Commissioner Swanson, that the Commission postpone indefinitely any action on the request for a letter of endorsement for the Jack Creek Road project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Swanson and Mayor Hawks; those voting No being Commissioner Frost and Commissioner Goehrung. Request re compensatory time - Clerk of the Commission Sullivan Clerk of the Commission Sullivan submitted to the Commission a memo regarding the issue of compensatory time and her inability to take that time off due to the workload in her office. She noted that attached to that memo is the payrol I form which must be com- pleted if Commission action is taken to address the issue, along with a spread sheet show- ing the amounts of annual leave, sick leave and compensatory time earned, taken and lost for the period January 1, 1981 through March 31, 1990. In response to questions from Mayor Hawks regarding being accessible to the pub- lic, the Clerk of the Commission stated she is the keeper of all permanent documents for the City; therefore, she must be accessible to the public. S he noted, however, that she does not need to be the "information desk" for the back of the building, which she cur- rently is because of the location of her office. She further noted that any attempts to close her doors to gain privacy result in people questioning why the doors are closed. Commissioner Frost stated he feels that the Clerk should be reimbursed for the amount of compensatory time which was lost as of March 31. He then noted that, in addition, hiring of a full-time person should be considered to ensure that the vacation time earned and any compensatory time worked can be taken rather than lost in the future. Mayor Hawks noted the Commissioners are placed at a disadvantage when they do 04-02-90 - . . . " . .' - 11 - not receive their minutes in each Friday's packets so they can be reviewed prior to the next meeting. He then suggested it is time for the Commission to set its priorities so the Clerk of the Commission can determine how to prioritize her workload. He noted that those priorities could result in the need to consider auxiliary help. Commissioner Frost stated the Clerk of the Commission position is a pivotal one; and it is important that a back-up person be trained to cover it so the smooth operation can continue even if the position is vacated. In response to a question from the Mayor, the Clerk of the Commission stated she cannot explain the jump in number of additional hours worked during the past calendar year. noting she was unaware of the increase until she did the spread sheet. S he then briefly highlighted the recent history of assistance in her office. noting that over the past few months, she has been training a new half-time person; however, that person has been recently utilized to help alleviate some of the problems in City Court. In response to a question from Commissioner Swanson, Clerk of the Commission Sullivan stated that annual leave is the same as vacation; and the amount earned each year is set forth in the State statutes, depending upon the number of years worked. Compen- satory time is the number of hours worked over the standard 40 hours per week. City Manager Wysocki stated the City has established a policy of allowing up to 180 hours of compensatory time for exempt employees, in accordance with the Fair Labor Stan- dards Act. Mayor Hawks asked the City Manager if there is information he needs to prepare to assist the Commission in considering this item. Commissioner Goehrung reminded the Commission that the Clerk of the Commission is their employee; and they must take the responsibility of making any decisions on this is- sue. He then suggested that the Commission establish a committee comprised of two Com- missioners, Personnel Officer Stratton, and possibly Administrative Services Director Camradt and City Manager Wysocki to study the' issue and possible implications of any action prior to making a decision. The City Manager noted that the excess time was lost as of March 31. Commission- er Goehrung responded that the request is dated March 30; therefore. it was filed in a timely manner and he feels the Commission can take the time it needs to make an informed decision. Commissioner Frost and Commissioner Goehrung stated an interest in serving on the committee to review this item. Appointment of sub-committee re management of Senior Center Commissioner Knapp reminded the Commission that at last week's meeting she re- 04-02-90 . . .... . .' - 12 - quested that action on this item be tabled for a period of six to eight weeks and that a sub-committee be appointed to review the management of the facility. She noted that im- mediately following that vote, the Mayor requested that she submit a list of proposed mem- bers to serve on a committee with her to review the management structure of the Senior Center and whether the adoption of Commission Resolution No. 2782 is appropriate. Commissioner Knapp then briefly highlighted some of the issues and questions that she feels need to be addressed, including the division of responsibility between the City and the senior citizen groups; the provisions of the bond issue which constructed the fa- ci Iity; how installation of the elevator was funded; how day-to-day operations of the fad Iity are funded; and who is serving on, or most recently served on, the Senior Center Adviso- ry Counci I. She then recommended, after making several telephone calls, that Milly Gutkoski, a professor in Nursing at MSU with specialization in the care of elderly, and Laurence Eck, a Bozeman native and attorney, be appointed to serve with her on a com- mittee to review this item. Mayor Hawks appointed Commissioner Knapp as Chairman, and Milly Gutkoski and Laurence Eck to serve on a committee to review the structure and management of the Se- nior Center and the provisions of Commission Resolution No. 2782. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda and packet for the Board of Adjustment meeting to be held on Thursday, AprilS. (2) Agenda and packet for the Transportation Coordinating Committee meeting scheduled for Thursday, April 19. (3) Letter from the County Commission listing several questions and issues con- cerning the jurisdictional area of the City-County Planning Board. In response to a question from Mayor Hawks, the City Manager stated the Commis- sion should discuss this issue with City Attorney Becker prior to meeting with the County Commission. Mayor Hawks then suggested that a work session on these questions be set for Monday, Apri I 16. The City Manager indicated that he will call the County Commission to acknowledge receipt of the letter and let them know it will be a few weeks before the Commission is prepared to respond. (4) Notice of the Chamber of Commerce Governmental Affairs Committee meeting to be held at 7:30 a.m. on Thursday, April 12 at the GranTree Inn. 04-02-90 . . - Ii \ . . - 13 - (5 ) Copy of a letter from the Chamber of Commerce to North 7th A venue busi- nesses announcing a meeting to be held on April 17 concerning issues which will impact those businesses in the future. (6) A memo from former Commissioner Mary Vant Hull raising three separate is- sues: acquisition of right-of.,.way for the extension of Kagy Boulevard, the East Main Street speed limit, and the sign installed at Stageline Pizza. Mayor Hawks asked the City Manager to respond to those questions. ( 7) Copies of two articles from December 1989 issues of the Billings Gazette con- cerning grants received by the City of Billings and Yellowstone County, as submitted by Ms. Vant Hull. (8) Copy of an article on parks with no leash laws, as submitted by Ms. Vant Hull . (9) The City Manager submitted his weekly report, as follows. (1) A City-wide supervisory training program was held Thursday and Friday, with approximately thirty employees attending. Feedback Indicates that the program was a success. (2) A meeting held last week on the East Gallatin Recreation Area was well attended. (3) Administrative Services Director Gamradt attended the meeting on appraisal held at the County Court- house on Friday. (4) He attended an MMIA Board meeting last Thursday afternoon and Friday in Helena. Topics of discussion included settlement of a major case and contract extensions involving the workers' compensation and liability programs. (5) Staff members met with representatives from Westfield Subdivision and the residents of S.I. D. No. 610 in an unsuccessful attempt to resolve that issue. (6) He and Administrative Services Director Gamradt will be attending the Great Open Spaces City Management Association meeting to be held in Casper, Wyoming this week. (7) The DRC reviewed two minor proposals this week. (8) Spring work will begin this week, with crews working to clean the streets. (9) He met with representatives from the Job Service regarding the Job Training Act mon- ies and the possibility of obtaining summer workers for the Cemetery prior to Memorial Day. He noted that under this program. the summer workers must be offered some assur- ance that a certain percentage will later have an opportunity to be hired into full-time permanent positions. (10) Negotiations with the various bargaining groups are beginning. (11) A proposal for creation of street maintenance districts will be submitted for Commis- sion consideration in the next few weeks. (12) Staff is reviewing the possibility of proposing rate changes in the various enterprise funds. (10) Commissioner Goehrung distributed to the Commissioners information concern- ing a grant writing workshop which is to be held at the Holiday Inn on May 7 through 10, 1990. He then requested that this item be placed on next week's agenda, stating his in- terest in attending if possible. He suggested that a City staff member may also be inter- 04-02-90 = ~, .. \ . . - - 14 - ested in participating. ( 11 ) Commissioner Goehrung stated he has received a request from the State En- vironmental Quality Council to participate on a panel with four representatives and four senators at a meeting to be held in Missoula. He indicated he will report back to the Com- mission on that meeting after it occurs. (12) Commissioner Swanson stated he discussed with Larry Geske, President of Great Falls Gas Company, that firm's bonus program for its employees for excellence in provid ing service. He noted this program is to promote excellence in customer service, which is one issue in which the Commission has stated Interest; and he feels this may be a mechanism for encouraging City employees to take that step. He then indicated he will at- tempt to gather additional information on ,the program. (13) Commissioner Knapp stated she spent a substantial amount of time trying to develop a committee to review the senior center issue; she attended the Library Centennial Committee meeting; and attended the East Gallatin Recreation Area meeting. (14 ) Mayor Hawks stated he has received a letter from Betsy Taylor, Days Inn, requesting that May 4 be designated as Senior Power '90 Day. He noted that a convention has been scheduled for that day; and he will be unable to attend. In response to a query from the Mayor, Commissioner Knapp stated she will plan to attend to represent the Commission. (15) Mayor Hawks distributed to the Commission copies of two articles on re- , " cycling and landfills from The Arizona Republic. (16) Mayor Hawks stated he h~s t;'ece'iveda packet of information on the Jack Creek Road proposal, which he wilf circulate among the Commissioners. Commissioner Swanson stated he has a book' on the proposed project, which should probably be circulated at the same time. Consent Items The City Manager presented to the Commission the following Consent Items. A Claims It was moved by Commissioner Swanson, seconded by Commissioner Knapp, 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 Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. 04-02-90 c ~ '( ~ . . ~ '" - 15 - Adjournment - 5:38 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson and Mayor Hawks; those voting No, none. 04-02-90 ~ ...