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HomeMy WebLinkAbout1988-08-08 339 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 8, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 8, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, 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. Mayor Stiff asked if any of the Commissioners wished any of the items removed from the Consent Items for discussion. City Manager Wysocki requested that the request submitted by Thomas W. Secor for permission to tie onto the City sewer system be removed for discussion. Minutes Mayor Stiff noted that the minutes for the regular meeting of August 1, 1988 and the spe- cial meeting of August 3, 1988 have not yet been completed. He stated that action will be taken on these minutes at next week's meeting. Continued discussion - authorization to attend Leadership Bozeman seminar - Commissioner Goehrung City Manager Wysocki noted that included in the Commissioners. packets is the City At- torney's opinion concerning conflict of interest, as requested by Commissioner Goehrung at last week's meeting. He noted that City Attorney Becker has just distributed to the Commission a copy of the Administrative Rules of Montana outlining the State's pol icy regarding education and training for its employees. City Attorney Becker stated the Administrative Rules of Montana do not pertain to this situation; however, they may be helpful in the decision-making process. He stated that they do I provide criteria for a cost! benefit analysis. He further noted, however, that this section of the Administrative Rules of Montana pertain to State employees only and do not apply to any elected officials. Commissioner Vant Hull noted that one of the criteria listed in the Administrative Rules of Montana is "to what degree the education or training will contribute to meeting current and fu- ture agency goals and objectives. II She indicated that she feels the Leadership Bozeman seminar would definitely help to meet one of the City's goals. Commissioner Martel stated that during this past week he has gathered information con- cerning the program; and all of the comments he received were supportive. He noted that broad representation is necessary to make the program successful; and he feels that City government should be one of the areas represented. He then stated support for Commissioner Goehrung at- tending this year's seminar, suggesting that possibly one Commissioner could attend each year. Commissioner Martel stated his objection to this item at last week's meeting was the sud- denness with which the item was submitted to the Commission for action, since no background information was provided. He then stated he does not concur with the City Attorney's opinion concerning the conflict of interest issue. Commissioner Goehrung noted the Commission has identified the business community as one segment it wishes to work with; and this would provide an opportunity to do that. He then stated that after reviewing the program, he has determined that he is willing to take on the res- ponsibility of attending the seminar and wi II bring back essential information to the Commission. He indicated that he feels there are benefits to the City from this type of participation at the I local level as well as participation at other levels. Mayor Stiff stated he has found nothing but good information about this type of program. He then stated he still has the same concerns expressed last week. He indicated that conver- sations with representatives from the County and the School District who had served on the steering committee revealed that one had not approached board members with the information, and the other governing body did not consider it an appropriate use of taxpayers' money. He once again expressed concern about the City proposing to send the only elected official from the 08-08-88 340 community to this workshop. The Mayor stated that, although he supports the program, he can- not support sending an elected official through City funding. Commissioner Hawks stated he feels this seminar is a justifiable expenditure of City funds, indicating that he feels the City and Commissioner Goehrung will gain from the relation- ships established. Commissioner Martel stated this type of program has been in place for years in the other major communities in the state. He noted that each participant makes a time commitment over a I nine-month period. He also indicated that this program identifies issues and is designed to help the community move forward in a positive manner. The Commissioner then stated he feels this is a worthwhi Ie program and a justifiable expense. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize Commissioner Goehrung to attend the Leadership Bozeman seminar and, it being in the public interest, the costs be paid from the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull and Commissioner Martel; those voting No being Mayor Stiff. Commissioner Goehrung abstained. Continued public hearing - Master Plan Amendment - Montana Department of Fish, Wildlife and Parks - establish land use desi nation of eneral hi hwa commercial and ublic lands on former- ly undesignated parcel (old ish and Game site on . . 191) This was the time and place set for the continued public hearing on a request for a Mas- ter Plan Amendment submitted by the Montana Department of Fish, Wildlife and Parks to establish General Highway Commercial and Public Lands land use designations on a previously undesignat- ed parcel described as State of Montana Deed 114-319, a 20-acre tract of land located in the south one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more common Iy described as the old Fish and Game site, which lies along the north side of Huffine Lane, west of the Main Mall and the Montana Woolen Shop and east of Valley Unit Subdivision. Mayor Stiff opened the continued public hearing. I City Manager Wysocki reminded the Commission that this public hearing was continued to allow the Department of Fish, Wi Idl ife and Parks an opportunity to respond to the potential land trade brought up at last week's meeting. Mr. Paul Kinshella stated he talked with two representatives from the Department of Fish, Wildlife and Parks during the past week; and both wish to proceed with the application as orig- inally submitted. He stated they wish to proceed with the sale of the five-acre parcel, which has been designated as surplus property, which will probably preclude any consideration of a land trade. Commissioner Goehrung asked if the Montana Department of Fish, Wildlife and Parks has any problem with inclusion of the access right-of-way in this Master Plan Amendment. Mr. Kinshella stated that the issue of access will be addressed through the annexation process; and the applicant is willing to let this issue float until that time. He noted, therefore, there is no objection to the inclusion of that portion in the Master Plan Amendment as recom- mended by the Planning Staff and City-County Planning Board. Commissioner Martel noted that if a right-of-way to the ponds is approved during the an- nexation process, that wi II decrease the size of the parcel to be sold. Planner Ron Brey stated that the application for the Master Plan Amendment identified a five-acre parcel without the access strip. He then indicated the boundary for the five-acre par- cel to be designated general highway commercial could be adjusted slightly as needed to make a five-acre parcel under this process. He noted the Montana Department of Fish, Wi Idlife and Parks might also decide to sell a five-acre parcel with an access easement across it. I The Planner then stated that the staff feels that access to the fifteen-acre tract can be addressed during the preparation of a Certificate of Surveyor during the annexation process. He noted that the zoning for the five-acre tract will probably have a "T" added; therefore, access to that parcel can be adequately addressed in the future. He indicated that the applicant plans to complete the annexation process and the zoning process prior to sale of the five-acre tract. 08-08-88 341 No one was present to speak in opposition to the requested Master Plan Amendment. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the cus- tomary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Master Plan Amendment requested by the Montana Department of Fish, Wild- life and Parks to establish General Highway Commercial and Public Lands land use designations on a previously undesignated parcel described as State of Montana Deed 114-319, a 20-acre tract of land located in the south one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Continued public hearing - Zone Code Amendment - ILX Lightwave Corporation - amend Section 18.52. 140( L) of the Bozeman Municipal Code to add light manufacturing and assembly compatible with intent of TR district to listed conditional uses in the B-2 district This was the time and place set for the continued public hearing on an application for a Zone Code Amendment to amend Section 18.52. 140( L) of the Bozeman Area Zoning Code to add "light manufacturing and assembly compatible with the intent of the TR, Technology Research, District" to the listed conditional uses in a B-2, Community Highway Business, District. Mayor Stiff opened the continued public hearing. City Manager Wysocki stated that, included in the packet was a memo from Commissioner Vant Hull, as well as a memo from Planning Director Epple providing two alternative considera- tions for the language of the Zone Code Amendment. He then distributed to the Commission a memo from City Attorney Becker listing two additional alternatives for consideration. City Attorney Becker expressed concern after reviewing the two alternatives prepared by I the Planning Director. He indicated that he feels the two alternatives he has proposed contain words that would require subjective interpretation; and he attempted to address that concern in his proposal. He then stated that he prefers Alternative No.3, which requires that the use comply with all relevant state and federal laws and regulations. He noted that Alternative No. 4 is very similar to those prepared by the Planning Director, but the highly subjective words have been eliminated. Commissioner Hawks noted that reference to visual impacts has been reflected in only one of the four alternatives. Planning Director Epple stated the term "visual impacts" generally pertains to outdoor storage of building materials, the exterior building materials used and screening of the property. He noted those items can be addressed through the existing zoning processes. Commissioner Hawks asked the Planning Director to respond to the alternatives submitted by the City Attorney. Planning Director Andy Epple stated that Alternative No. 4 is a generic statement which allows the staff to review the process and materials to be used in a specific business. Commissioner Goehrung asked if communities have the ability to impose standards more restrictive than state or federal regulations. City Attorney Becker stated that when considering environmental concerns, a local gov- ernment could be more restrictive than the state or federal regulations; however, it must have some type of basis for those restrictions. He then noted that the state and federal governments already have established regulations on many of the elements listed in the proposed wording of I Alternative No.4. Mr. George Howa rd, Di rector of Operations for I LX Lightwave Corporation, stated that, as a representative of that firm, expressed concern that placing the proposed restrictions on the proposed Zone Code Amendment would single out that type of use. He noted that several other types of business could be located in the B-2 district through listed permitted or conditional use, such as tire shops or front end alignment centers, which could have a detrimental impact on a neighboring business which is manufacturing electronic components. 08-08-88 ---" .. 342 Mr. Howard stated that, as a citizen, he worries about imposing additional restrictions on a single conditional use. He noted there may be many other listed conditional or permitted uses which should be required to meet those same restrictions or which may be detrimental to the quality of life in this area. He also noted that such action could result in an administrative nightmare for the planners as well as the Zoning Commission. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the I Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Following a brief discussion, the Commissioners concurred that the language contained in Alternative No. 3 would best address their concerns. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment requested by I LX Lightwave Corporation to amend Section 18.52.140(L) of the Bozeman Area Zoning Code to add "... and light manufacturing and assembly compatible with the intent of the TR District and complies with all relevant state and federal laws and regulations" to the listed conditional uses in a B-2, Community Highway Busi- ness, District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commissioner Vant Hull requested that the Commission consider directing the staff to pre- pare a Zone Code Amendment addressing terms such as "hazardous materials" and "obnoxious" for all listed permitted and conditional uses in relevant zones. Commissioner Martel stated he feels the staff is currently overburdened with their work- load. He noted this is a complex topic; and preparation of a Zone Code Amendment would take a substantial amount of time. He suggested this item could be more appropriately addressed dur- ing updating of the entire Zone Code rather than at this time. Commissioner Goehrung noted this type of Zone Code Amendment could address some con- I cerns that have been expressed at various times. Commissioner Hawks noted that the proposal does not contain a timeframe. He stated this could cause the staff to begin gathering the information necessary to develop a Zone Code Amendment when time allows. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission direct the staff to prepare a Zone Code Amendment to address hazardous materials, obnoxious, etc., for both listed permitted and conditional uses in relevant zones. The motion carried ~y the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commis- sioner Martel. Ordinance No. 1264 - repealing Ordinance No. 723 as codified in Sections 9.82.010 and 9.82.020 of the Bozeman Municipal Code re prohibiting minors from entering establishments where liquor is sold for on-premises consumption City Manager Wysocki presented Ordinance No. 1264, as prepared by the City Attorney, entitled: ORDINANCE NO. 1264 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REPEALING ORDINANCE NO. 723 AS CODIFIED IN SECTION 9.82.010 AND 9.82.020 OF THE BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commission that they had provisionally adopted this ordi- I nance on July 25, 1988. He noted this ordinance repeals an existing ordinance which is in con- flict with an Attorney General's opinion. He then recommended that it be finally adopted at this time. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission finally adopt Ordinance No. 1264, repealing Ordinance No. 723 as codified in Section 9.82.010 and 9.82.020 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 08-08-88 343 Ordinance No. 1263 - requiring vehicles, trailers and other forms of conveyance transporting specified items to cover or otherwise contain said material from escaping City Manager Wysocki presented Ordinance No. 1263, as prepared by the City Attorney, entitled: ORDINANCE NO. 1263 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, REQUIRING VEHICLES, TRAILERS OR OTHER FORMS OF CON- VEYANCES TRANSPORTING LOOSE MATERIALS ON PUBLIC STREETS, ALLEYS, OR WAYS TO COVER OR OTHERWISE CONTAIN SAID LOOSE MATERIALS TO PRE- VENT THE MATERIALS FROM SIFTING, SPILLING, FALLING OUT, BLOWING OUT OR OTHERWISE LEAVING SAID VEHICLE AND PROVIDING A PENALTY FOR VIOLATION. The City Manager stated the City Attorney has revised this ordinance in response to Commission direction at last week's meeting. Commissioner Hawks stated he still has some concern about the wording of this proposed ordinance. He suggested that the word "tightly" secured load be changed to allow for "reason- ably" secured load. City Attorney Becker stated this ordinance creates a criminal violation; and cautioned that discretionary words should be avoided. Following discussion, the Commission concurred that the word "tightly" should be elimi- nated. Commissioner Goehrung asked if material which has fallen out but which is picked up and put back in the unit would be in compliance with Section 2 of this ordinance. The City Attorney stated this section does not contemplate an uncovered or unsecured load but is written for a covered or secured load which shifts or on which a tarp has torn. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1263, as revised, requiring vehicles to cover or contain loads of materials while being transported within the city, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those vot- I ing Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. Ordinance No. 1265 - establishin anti-litter assessment on unsecured or uncovered loads of loose material brought to the land or disposal City Manager Wysocki presented Ordinance No. 1265, as prepared by the City Attorney, entitled: ORDI NANCE NO. 1265 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLlSHI NG AN ANTI-LITTER ASSESSMENT ON UNSECURED OR UNCOVERED LOADS OF LOOSE MATERIAL BROUGHT TO THE CITY OF BOZEMAN'S LANDFILL FOR DISPOSAL. The City Manager suggested that the word "tightly" be removed in Section 1, to conform with the previously considered ordinance; and the Commission concurred. He then stated that under this ordinance, all loads being transported to the landfill must be covered or in covered containers, such as garbage cans. Commissioner Hawks questioned why a load of branches which is tied down also needs to be covered. He suggested that the landfill gate keepers could make a determination on whether the load was adequately secured. Commissioner Goehrung expressed concern that the gate keepers be placed in a judgment type of situation. He noted that could result in verbal or physical abuse, which is unnecessary. I He then indicated support for an ordinance which is more easily enforced at the site. Commissioner Martel stated he feels this type of ordinance is not realistic and would be difficult to enforce. City Manager Wysocki stated this type of ordinance is not uncommon. He reminded the Commission that the purpose of this ordinance is to address concerns expressed about litter lin- ing the roadway to the landfill site. He noted that covering of the load would help ensure that less garbage would be lost during transporting. 08-08-88 344 The City Manager then suggested the Commission may wish to revise this ordinance to ad- dress any other installation created for this purpose, noting the Commission recently approved a Conditional Use Permit for a transfer station. The Commission concurred. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1265, as revised, establishing an antHitter assessment on uncovered loads transported for disposal, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Com- I missioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. B rea k - 3: 26 to 3: 31 p. m . Mayor Stiff declared a break from 3:26 p.m. to 3:31 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Prioritization of goals for enterprise funds (water); review of lIalso ran" goals for general fund City Manager Wysocki reminded the Commission that they have previously prioritized the goals for the general fund as well as those for sewer and garbage; and the water fund goals are the only ones remaining to be prioritized. He suggested the Commission receive updates on the status of items in the list of goals before prioritization, as follows. I ncrease water supply/water projects. The City Manager stated that the City has sub- mitted a loan application to the State Department of Natural Resources and Conservation, for funding for the entire Lyman Creek project. He noted this changes the amount of the loan from $726,000, which was previously approved, to $1,100,000. Mayor Stiff reminded the Commission that during prioritization of the other enterprise funds, it was determined that annual review of the rates would be automatic and, therefore, does not require prioritization. Director of Public Service Phill Forbes stated that under the water projects, Lyman Creek is top priority. He indicated that the initial two phases have been designed; and the City is I seeking the funding to complete the entire project at once, as the City Manager has already not- ed. He stated the remaining design work will be completed, and construction work will be start- ed next spring if the monies are available. The Director of Public Service stated the second priority has been the raising of Hyalite Dam, construction of which is scheduled to begin next year. He noted that this project has been complicated with legal issues raised by Montana Power Company and the Bureau of Reclama- tion. He stated if those issues are satisfactorily addressed, this project could substantially increase the City's water supply. He then reminded the Commission that the Department of Nat- ural Resources and Conservation is the owner of the dam; therefore, the City has no control over the timing of the project. Director of Public Service Forbes stated the third priority is replacement of the Bozeman Creek Dam, which was formerly the Mystic Lake Dam. He noted the new dam is to be at a new location, lower in the basin; and he termed it a 1I10ng-range" project. City Manager Wysocki stated that the same legal aspects and issues will be probably rais- ed on reconstruction of the Bozeman Creek Dam as have been raised over increasing the height of the Hyalite Dam. He noted that if Montana Power Company were successful in its efforts, the City would be entitled only to an amount of impounded water equal to that in Mystic Lake, which was 1200 acre feet. Commissioner Vant Hull asked if the DNRC is pursuing the legal issues raised by Montana Powe r . City Attorney Bruce Becker stated that in a recent case, the court decision was adverse I for all parties except the Montana Power Company and the Bureau of Reclamation. He stated preliminary indications are that the Montana Power Company may not object to increasing the height of the dam and the added impoundment so long as it does not interfere with historic stream flow. City Manager Wysocki cautioned that the City should require some type of assurance that it would continue to be entitled to those waters to ensure that source of supply. He then noted that a large portion of the water processed and used by the City returns to the water system lower in the drainage. 08-08-88 345 Director of Public Service Forbes stated the presedimentation basin will simply allow the City to better utilize its stream and lake rights by providing a holding area for raw water. He stated the consulting engineer is currently working on the design of this project. He then in- dicated he is uncertain whether this project or expansion of the plant should be completed first. He noted there is only a certain amount of water available; and pushing it through increased capacity at the plant could result in a shortage of water later in the year. He further noted, I however, that the additional capacity would provide a safety in meeting water demands which is not currently available. Commissioner Vant Hull noted that the City has had an adequate water supply to meet de- mands to this point due to close management of the raw water available. The Director of Public Service noted that is true with the 10 million gallon capacity of the plant. He cautioned, however, that if 15 million gallons were run through during the summer, that may not be true. He also noted that if the City were to experience a two- to four-year dry cycle, it could also change the amount of water available. City Manager Wysocki stated he has supported expansion of the plant before construction of the presedimentation basin because of the costs involved. He noted the City can afford to expand the plant more easily; and the ability to sell more water could result in more revenues to support the cost of the basin. Commissioner Hawks suggested that construction of the presedimentation basin could help the City more efficiently utilize its existing water supply. Commissioner Martel suggested that to meet the State standards, rather than exceed them so dramatically, could result in the ability to process more water in a day. Director of Public Service Forbes stated that the staff has made operational changes in the plant. He stated at the present time, the staff is pushing more than 10 million gallons through the plant in a day; however, they are uncomfortable with pushing more than that through. City Manager Wysocki stated the staff is working on all of the projects listed. He then I briefly reviewed the projected costs of each project, as follows: Lyman Creek, $1.1 mi IIion; Hyalite Dam, $3.1 to $3.2 million; expansion of the water treatment plant, $500,000 to $600,000; and the presedimentation basin, $2.2 mi IIion. He noted that the Bozeman Creek Dam is a long- range project with no estimated cost at this time. Commissioner Hawks asked about effects from temperature change in the presedimentation basin. The Director of Public Service stated the basin will serve as a surge basin rather than a presedimentation basin. He noted that water will not stand in that basin for any extended per- iod of time; therefore, there should be no detrimental effect. He then reminded the Commission that the water will be processed through the plant prior to distribution through the system. Mayor Stiff asked if the loan amount requested from the State could include $600,000 for expansion of the plant. City Manager Wysocki stated that financing of the plant expansion could possibly be in- cluded in refinancing of the existing bonded indebtedness or through the State's I NTERCAP pro- gram, which would require a five-year payback. Commissioner Hawks noted that even if the Hyalite Dam is raised and the City has the ad- ditional water, the pipes will still allow only 13 million gallons to the plant on a daily basis. He then questioned whether the raising of the dam and expansion of the plant without addressing the pipe system is good planning. In response to a question from Commissioner Martel, Director of Public Service Forbes stated that the Lyman Creek water supply is basically steady. He indicated that after the im- I provements have been completed, it will be a covered water source and will be treated as neces- sary. Commissioner Martel then asked how the presedimentation basin ties into the replacement of the Bozeman Creek Dam. He then asked if it would be better to not construct the basin but to concentrate on the long-range dam instead. The Director of Public Service stated he feels the construction of a new dam is so far in the future that the presedimentation basin should be constructed to efficiently utilize the exist- ing water supply. 08-08-88 346 Written water rights policy. The Commission then reviewed other goals listed, beginning with discussion on a written water rights policy. Mayor Stiff asked about the status of the City's impounded water rights in Mystic Lake, since the dam has been breached. City Attorney Becker stated the City should do something to show that its water rights in Mystic Lake are not in abandonment. City Manager Wysocki stated the City has made a request to the Forest Service for ex- I change of land for developing an impoundment. The City Manager then reminded the Commission of the City's water rights policy. He noted that the staff annually reviews its water rights, determining appropriate rate for additional water rights if they become avai lable during the year. Commissioner Hawks asked if there is a written water rights policy; and the City Manager indicated there is not. He cautioned that this type of policy must be carefully written so that not everyone can anticipate the City's moves. He stated that at the present time, when a water right becomes available, the staff looks at the costs, what it will do and the costs that might be incurred on that right. Commissioner Martel stated that he feels a written water rights policy is needed to place the City in a competitive position when bidding on available water rights. Water delivery system. Commissioner Martel suggested that the goal concerning the water delivery system, with the three sub-categories, could be handled administratively. Commissioner Vant Hull asked if the Commission needs to adopt an ordinance requiring meters on all users to address one of the items. City Manager Wysocki indicated this matter has been handled administratively when pos- sible. Water Superintendent Fred Shields stated that in July 1987, the City had 138 unmetered services; and in July 1988 there were 93 unmetered services. He noted the easy installations have been done; and a majority of those remaining will require renewal of the water service be- fore the meter is installed. He stated that renewals can take three to four days for one crew; I and the City absorbs all of the costs involved. Mayor Stiff asked about revising the water billing form to include a space for meter read- ings and review of the pol icy on meter reading. The City Manager stated that the time to consider revising the water billing form is when it is time to re-order those forms. He then indicated the staff is not certain that this item is a Commission priority. Water Superintendent Shields stated that about 48 percent of the water meters have re- mote readers. He indicated some of those can be read in the house while others cannot be. The City Manager stated that the property owners are required to purchase the remote readers, at a cost of $25.00. Commissioner Goehrung suggested the City could encourage the installation of remote readers for all services, possibly through a five-month payment plan on the water bills for the remote readers. Commissioner Martel stated he feels that the meter readings should be verified by a meter reader once or twice a year so that people cannot submit falsified figures to get lower bills. The Water Superintendent stated that under the present system, if a remote reader has been installed, there is no reason for the City employee to enter the premises. He noted that there have been cases where the wire to the remote has been disconnected, and has required reconnection. He stated that disconnects between meter reading cycles could result in lower bills even though the water was being used; and the City would not be aware of the problem be- cause they do not enter the premises for readings. I Hook-up fee ( s) . Commissioner Vant Hull suggested that the review of hook-up fees could be deferred for a year. Landlord billed for water and sewer services. Commissioner Hawks suggested the Com- mission may wish to discuss the goal that would result in the landlord being billed for water and sewer services. He suggested this may be more appropriately addressed through an increase in the deposit required. Conservation. Commissioner Goehrung noted that water conservation is critical for about two months each year, in terms of demand on the system. 08-08-88 347 Maintain water distribution lines and valves. City Manager Wysocki stated there are areas where the staff knows there are problems, such as the area around the cemetery. He noted the size of the lines is inadequate and in some areas a looped system would improve the service. He reminded the Commission that last year's capital improvement program budget reflected a $5,000 expenditure for materials each year for the next five years. He also suggested that refinancing of the bonded indebtedness could result in $200,000 or $300,000 which could be used for larger I maintenance projects through contracted services. Commissioner Hawks asked if it would be better to budget more monies under the opera- tions budget and use City crews for this maintenance. Water Superintendent Fred Shields stated that large projects, such as the main to the cemetery, should be contracted since the City does not have the manpower or equipment. He then stated that the City presently has adequate materials to do valve replacements and hydrant replacements; however, it does not have adequate manpower to complete those tasks. The City Manager suggested that looping of I ines and replacement of lead joints could possibly be done in a one- or two-block segment at a time under contracts. Mayor Stiff asked about pursuing the possibility of an underground water source. The City Manager stated that underground water is a possibility; however, it may require treating and pumping to be used in the water supply. He suggested that to drill wells for irri- gating of the parks and possibly the cemetery may be a better way to approach this item. Mayor Stiff noted the time and the fact that there is an evening session. He then sug- gested that review of the "also ran" goals be deferred, and that it be placed on next week's agenda for consideration. Acknowledge receipt of request to tie onto City sewer system - Thomas W. Secor, 1367 Thomas Drive; refer to staff City Manager Wysocki reminded the Commission that he had requested this item be remov- ed for discussion. He stated that the subject property is located at the corner of Baxter Lane I and Thomas Drive; and a sewer main is located in the road adjacent to the parcel. He further noted that the subject property is located within the City's sewer service area. He then recom- mended that the Commission acknowledge receipt of this request and refer it to staff for review and a recommendation. Commissioner Vant Hull stated she had requested that this item be removed from the Con- sent Items because it is one of the substantial number of requests the City has received from those residing outside city limits to tie onto the City's services. She noted in other instances, septic tanks have quit working; and immediate action has been necessary. In this case, how- ever, she sees no emergency and feels that the development of hook-up fees for residents out- side the city should be addressed before this request is considered. Commissioner Hawks asked how the monthly sewer service charge is determined, since there is no water consumption upon which to base it. The City Manager indicated that the number of rooms in the home, as well as the number of fixtures, are the basis on which the monthly charge is made. Commissioner Hawks concurred that possibly a surcharge could be established for resi- dents outside the city limits to reflect the costs of future plant expansion as well as the City's investment in the current system. Commissioner Martel stated he does not feel that this application should be held until the issue of hook-up fees has been addressed. It was moved by Commissioner Vant Hull that the Commission direct staff to look into sur- charges or hookup fees before making a recommendation on allowing this applicant or any other I applicant to tie onto the City sewer system. The motion failed for lack of a second. It was moved by Commissioner Vant Hull that the Commission acknowledge receipt of the request submitted by Thomas W. Secor for permission to tie onto the City sewer system and re- fer it to staff with a recommendation that possible implementation of surcharges and hookup fees for users located outside the city limits be reviewed prior to submittal of a staff recommendation. The motion failed for lack of a second. Commissioner Hawks stated he is also concerned about holding action on this application until the issue of hook-up fees has been addressed, since there is no policy currently in place. 08-08-88 348 He did ask, however, that the staff provide a clarification of the City's existing practice on this type of request. City Manager Wysocki reminded the Commission that the plant expansion was largely done through federal monies; and the sewer service area was established at that time. He noted that research must be done to see if hook-up fees can be assessed to non-city residents who are lo- cated within the sewer service area. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commis- I sion acknowledge receipt of the request submitted by Thomas W. Secor for permission to tie onto the City sewer system, and refer it to staff for review and a recommendation. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Hawks, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull . Recess - 5: 1 8 p. m. Mayor Stiff declared a recess at 5: 18 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting a work session on the budget for Fiscal Year 1988-89 and completing the routine bus- iness items. Reconvene - 7: 00 p. m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting a work session on the budget for Fiscal Year 1988-89 and completing the routine business items. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) A copy of a letter from the Montana Municipal I nsurance Authority requesting adoption of a resolution authorizing the expansion of the number of members serving on the Board. The City Manager stated that this resolution will be placed on next week1s agenda for I consideration. (2) The water use report for the week ending August 4, 1988. The City Manager not- ed this report reflects an average daily usage of approximately 8 million gallons as a result of imposing the watering restrictions. (3) A copy of the Notice of Special City Commission Meeting, to be held on Wednesday, August 10, 1988, at 10:00 o'clock a.m. in the Conference Room. (4) A copy of the minutes for the Board of Adjustment meeting held on Monday, August 1, 1988. (5) A copy of the economic growth pol icy adopted by the City Commission in 1981 and an excerpt from the guidel ines for industrial development revenue bonds, as submitted by Com- missioner Vant Hull. (6) The City Manager stated that the special improvement district bond refinancing is moving forward and is to be completed on August 25. (7) The City Manager announced there will be a Parking Commission meeting at 9: 00 a.m. on Wednesday at City Hall. He noted one of the items for discussion will be a letter in- quiring whether the City is interested in purchasing a specific parcel for use as a City parking lot. Commissioner Vant Hull requested that copies of the letter be distributed to the Commis- sion. (8) The City Manager reminded the Commission of the I nteragency Breakfast, to be held at 7:00 a.m. on Wednesday. I (9) Commissioner Vant Hull distributed to the Commission a letter from Mr. George McClure concerning removal of the medians on North 7th Avenue. The Commissioner noted this provides an alternative to removal of the medians and suggested that a copy be forwarded to the State Department of Highways. (10) Commissioner Vant Hull distributed to the Commission a letter from Mr. Bernard Hennessy, regarding the installation of sidewalks along North 7th Avenue. Commissioner Hawks suggested that the staff contact the Highway Department to see if they have reached a decision on either of these items. 08-08-88 349 (11 ) Commissioner Martel asked if the staff has discussed the possibility of the City entering into a maintenance agreement for state-highway designated streets. The City Manager stated the staff is preparing an alternative budget for streets, in- cluding maintenance of state-highway designated streets for Commission consideration. He stated the staff is also reviewing Butte1s agreement with the State Highway Department to determine whether that type of agreement would be beneficial for Bozeman. I Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Appl ication for waiver of the open container ordinance - Don Norem Chevrolet-Buick - Sunday, August 14, noon to dark - Kirk Park Building I nspection Division report for July 1988 Claims It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Consent Items as listed above, 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 Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Work session - Budget for Fiscal Year 1988-89 City Manager Wysocki reminded the Commission that this was the time set for a work ses- sion on the budget for this fiscal year. Administrative Services Director Gamradt noted the Mayor had requested a print-out of year-end balances for Fiscal Year 1988. He reminded the Commission that the books for last fis~ cal year cannot be closed for two months after the end of the fiscal year; therefore accurate fig- ures are not available until after that time. The Administrative Services Director then distrib- uted to the Commission a print-out of revenues and expenditures as of June 30, 1988, marked "draft." He indicated most of these figures are reasonably accurate; and the overall totals I should be close enough to help the Commission in this budgeting process. City Manager Wysocki stated Commissioner Martel had raised a question about use of fire trucks while doing inspections at the last work session. He indicated that a conversation with Fire Chief Shearman revealed that the firemen conducting the inspections have their firefighting gear in the truck; and if they roll for a call, they "change on the fly." He noted this does seem to save some time when responding to an emergency situation. The City Manager then indicated that the well at Centennial Park, which also serves the Senior Citizen Center, has been dri lied but has not yet been completed. He indicated it should be operable in the near future. The Administrative Services Director noted that Commissioner Martel had asked when the last payment on the IBM System/38 is to be made. He stated the computer will be paid off in two and one-half years. Commissioner Hawks indicated he has some questions about the first portion of the bud- get, since he was not present at the last work session. He asked if there would be adequate monies in contracted services under the City Commission budget unit to cover costs of updating the zone code. The City Manager stated those monies are to cover the costs of updating the Bozeman Municipal Code; and there would not be any monies available for updating the zone code under that I ine item. He stated the appropriate place to address that project would be under the Zoning and Community Development budget unit, which has not yet been reviewed. He indi- cated that the monies to fund such a project would need to come from some other area within the proposed budget. I Commissioner Hawks then noted the Commissioners take vacations periodically, resulting in missed Commission meetings. He stated that, although the Commissioners do review all of the information for those missed meetings, they are not paid for those meetings. He then suggested the Commissioners may wish to consider accepting payment for all meetings, whether attended or not, since they do all of the work except attendance at the meeting. City Manager Wysocki suggested the staff be given an opportunity to research the State Statutes and local ordinances to determine if that option is available. Commissioner Hawks noted that $22,000 under contracted services in the Police Department is for Humane Society services, and asked if that is a long-term contract. 08-08-88 350 The City Manager stated the Humane Society agreement is a year-to-year agreement. He noted the amounts in the agreement are negotiated annually; and they are the same for this fis- cal year as for last fiscal year. Commissioner Hawks then asked about the Drug Forfeiture Fund. He noted that a portion of it is to be used to support the costs of a half-time secretary but the balance is not reflected within the budget. City Manager Wysocki stated the Drug Forfeiture Fund is a separate fund from this bud- I get, similar to several other trust funds within the City's system. He noted that the Adminis- trative Services Director monitors those funds, ensuring the monies are spent appropriately and that adequate documentation is provided. Commissioner Hawks asked if the Fire Department has a separate internal working budget that reflects the amount of time and monies the firefighters spend on various work items, such as fire inspections and fire prevention. He noted those figures could be beneficial when review- ing the actual costs for the various programs and services provided. Administrative Services Director Gamradt stated the firefighters do not break down their hours worked into the various elements at the present time. He stated that under the existing computer program and expenditures codes, those hours and costs could be broken down as desi red. Commissioner Hawks stated that he feels this type of breakdown could provide a useful management tool. Mayor Stiff asked questions about the print-out just received. The Administrative Ser- vices Director responded that the property tax revenues reflect ten months, since those received in July and August are reflected in the previous fiscal year. The City Manager noted those revenues will include delinquent assessments paid after the May 31 due date. Commissioner Martel noted that the revenues from motor vehicle fees are $98,000 below the projections. The Administrative Services Director stated that those revenues are substantially below projections, noting that after the next two months' collections are received it is anticipated the final number will be $50,000 to $65,000 below projections. I Administrative Services Director Gamradt stated that 8 to 10 percent of all property taxes levied become delinquent each year. He noted that with the increased County effort to collect delinquencies, the City should realize nearly 100 percent of the property tax revenues projected. Mayor Stiff stated he feels this is the time to consider a possible decrease in the amount levied for the Special Improvement District Revolving Fund for this budget. He then distributed to the Commission a memo on this item, noting that the City has levied for this item six of the past seven fiscal years. He suggested that general fund reserves in an amount equal to prop- erty tax revenues over the amount projected could be utilized to offset the property tax levy necessary to maintain the required balance in the SID Revolving Fund. Administrative Services Director Gamradt cautioned that the Commission's pol icy concern- ing reserves in the various City funds should be met prior to considering such an option. City Manager Wysocki reminded the Commission that the Capital Improvement Program also needs a source of funding for this fiscal year. Mayor Stiff stated he feels his proposal should be addressed prior to completion of this budgeting process. Commissioner Martel noted that the mill levy for the SID Revolving Fund for this fiscal year is 1.09 mills higher than last year's, questioning why. The Administrative Services Director reminded the Commission that they just recently ap- proved refinancing of the bonds for nine districts. He noted that at the present time, the bonds for those districts are not due until the last year of payments, therefore, the City calls only those bonds for which it has monies each year. He stated under the refunding bond issue, I a specified number of bonds must be called each year plus a balance equal to 5 percent of all outstanding bonds must be maintained in the SID Revolving Fund account. He indicated that the 15.0 mill levy for this year will ensure that the City has adequate monies to meet those two re- quirements. Mayor Stiff noted that 5 percent of a bond issue goes to the SI D Revolving Fund when a new special improvement district is created, which should help maintain that balance. The Ad- ministrative Services Director stated that is correct; however, those monies are not transferred until the project has been completely closed out. 08-08-88 351 The Mayor then noted the City should prepare itself for possible acquisition of real estate in the Valley Unit Subdivision due to delinquent assessments. Administrative Services Director Gamradt stated he has discussed this matter with former City Attorney Bob Planalp, requesting that an informational outline of events be submitted to the City Commission. The Commission then continued reviewing the various budget units, as follows. I Building Inspection. The City Manager stated this is the first full fiscal year budgeted under the reorganization of this department with the planning and zoning enforcement functions; therefore, some of the figures have been slightly rebudgeted for last fiscal year. He noted that advertising for Board of Adjustment items has been moved to the Zoning and Community Develop- ment budget unit. Commissioner Vant Hull asked if there is any way to cut the number of personnel in this division, particularly when bui Iding activity is so low. The City Manager stated that there are currently two inspectors and one secretary who serves under this budget unit as well as engineering. He also noted that small remodeling pro- jects require almost as much inspection time as large new construction projects do. Streets. The City Manager reminded the Commission that this is one of two budget units for which an alternative budget is to be prepared. He noted the alternative will include the costs of maintaining state-highway designated streets within the city limits; and that will be submitted to the Commission at next week's meeting. He then stated this budget unit must be considered in conjunction with the following budget unit to provide a total picture of the street maintenance budget. The Administrative Services Director stated that the Gas Tax monies must be accounted for separately; therefore, a separate budget unit has been establ ished. He noted that those monies, which have a restricted use, are utilized for street maintenance costs, with the remain- ing monies being provided through this budget unit. Administrative Services Director Gamradt stated that departmental allocations, which in- I cludes the overhead costs for purchasing activities, has increased substantially due to an in- crease in the amount of supplies purchased last fiscal year. He indicated an intent to revise the basis on which overhead costs are charged. using an average of two years rather than a single year to level these charges out. Commissioner Vant Hull suggested that the Commission consider a city-wide street main- tenance district to help cover the costs of this budget unit. Gas Tax. The City Manager stated that a substantial portion of the street workers' salaries are paid through this funding source. He also noted that the amounts budgeted under the operations portion of the budget cover the various street improvements for which the City recently contracted. Commissioner Martel questioned why monies are split between operating supplies and con- tracted services in the operations portion of the budget. The City Manager stated that during the early portion of the budgeting process, the staff makes a rough estimate on what portion of the street improvements projects will be bid and what portion will be done by the City crews. He noted that those breakdowns may change substan- tially, depending on bids received; however, the total in the operations portion of the budget will not be exceeded. City Hall Complex. This budget unit includes City Hall as well as the Police/Fire Build- ing. The amount budgeted this year is slightly lower than last year, mainly due to the decrease in costs for janitorial services. Shop Complex. The amount budgeted for repair and maintenance of buildings has in- I creased substantially this year. This amount includes monies for re-siding of the old park de- partment building, which has been renovated over the past few years. The City Manager noted that otherwise, this budget unit is basically the same as in past years. Carnegie Building. The amount budgeted for repair and maintenance of buildings has in- creased dramatically in this budget unit also. This line item includes monies for repair of the front steps as well as the sidewalk and curb in front of the building. The remainder of the budget is basically the same as in the past. Recreation Administration. The salaries portion of this budget unit reflects a change in classification for an employee. The amount budgeted for telephones has increased in this budget 08-08-88 352 unit due to the installation of a new telephone system last year. The amount budgeted for con- tracted services includes monies for instructors for various recreation programs. The amount has decreased because the tennis instructor is now paid directly through the program rather than through the Recreation Department. The remaining portion of the budget is the same as last year. Swim Center. The major change in this budget unit is reflected under salaries. The amount budgeted last year was slightly under the amount actually spent; and the swim center I was closed for a month due to repairs. Also, promotions and changes in lifeguards have result- ed in a need for increased funding. The amount budgeted under repair and maintenance of buildings includes replacement of the carpet in the lobby and ceiling tiles for the building as well as monies to repair the roof on the filter room. Bogert Pool. The amount budgeted for repair and maintenance of buildings includes mon- ies for painting of the pool, which is done every two or three years. Commissioner Hawks noted that there is a general increase in the repair and maintenance of buildings line item in this budget. He asked if that is due to playing "catch Upll from past years. The City Manager stated that repair and maintenance of buildings has been held to a minimum for several years; and those repairs are now necessary. He noted it is encouraging to see the employees notice those items and attempt to address them. Band. The Band Board submitted a request for the amount of funding reflected in this - budget unit. The City Manager stated this budget unit covers the costs of six concerts per- formed by the municipal band while the Musicians' Union pays for three concerts. Commissioner Hawks asked if this budget unit was to be phased out over the next few years, noting that it has actually increased for this fiscal year. The City Manager stated he did not have that understanding. Commissioner Vant Hull noted the Commission was going to encourage formation of a "Friends of the Bandll to solicit donations for this activity; however, it was never organized. She also noted that the bandsheU is currently being renovated; therefore, she does not feel that the funding for this budget unit should be reduced at this time. I Commissioner Hawks stated that he feels the funding for this budget unit should be more broad based. City Manager Wysocki reminded the Commission that they have supported various cultural activities in various ways. He noted the Beall Park Arts Center leases a City building for $1.00 a year; and the City sponsored a grant application for the Montana Ballet Company. Mayor Stiff stated he does not think that phasing out of this funding was agreed upon by the Commission. He then noted that some community donations have been received; however, those monies have been for renovation of the bandshell rather than for support of the concerts. The City Manager stated that the request for this budget unit is submitted in March or April due to the scheduling of the season's band concerts. He reminded the Commission that the schedule does cross fiscal years; therefore, the band must be assured of funding for the entire season before beginning it. Commissioner Hawks noted that initial discussions have been held on the possibility of forming a cultural affairs committee; and he still feels that would be appropriate. He suggested that a paid part-time volunteer coordinator could oversee fund raising efforts for cultural activ- ities. Commissioner Martel noted this budget unit is very small; and many people enjoy the ser- vice. He then reminded the Commission that the recreational programs and swim center cost a substantial amount; and much of that is subsidized by the general fund. The Commission stopped the work session at this point due to the hour. The next work session on this budget has been scheduled for 10: 00 a. m. on Wednesday, August 10, 1988. I Break - 9:02 to 9:07 p.m. Mayor Stiff declared a break from 9:02 p.m. to 9:07 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Executive Session re personnel Mayor Stiff reviewed the statutory provisions for executive sessions, citing Section 2-3-203(3), M.C.A. He stated the purpose of the executive session is to conduct an evaluation 08-08-88 353 of the City Manager, which may be conducted in a closed meeting. At 9:08, Mayor Stiff called an executive session of the Commission for the purpose of conducting an evaluation of the City Manager and requested that all persons except the Commis- sioners, City Manager Wysocki and the Clerk leave the room. At 11: 15 p.m., Mayor Stiff closed the executive session of the Commission and reconvened the open meeting. I Adjournment - 11 :15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 08-08-88