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HomeMy WebLinkAbout1988-08-22 373 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 22, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 22, 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. None of the Commissioners requested that any of the Consent I tems be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of August 8, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Review of ad hoc committee report on regulatory procedures - staff and committee City Manager Wysocki stated that included in the packets were a response from the Plan- ning Staff; a letter from Stephan Custer, Chairman of the City-County Planning Board; and a proposed resolution submitted by the committee. Planning Director Andy Epple briefly reviewed the staff memo. He stated the staff basic- ally concurred with the findings and recommendations of the committee concerning streamlining and making the regulatory process more flexible. He indicated that he feels some details and recommendations need to be considered more carefully before formal action is taken, citing the combining of boards and revamping of jurisdictional boundaries as some of those items. He then I stated that he feels that creating a more flexible, softer edged Master Plan is being accomplished through the updating process. He also noted that the report suggests sweeping changes to the Zone Code; and the staff plans to address that item upon completion of the Master Plan update to bring it into compliance. The Planning Director stated support for the idea but feels the committee's recommenda- tion for accomplishing it should be revised. He noted that if the City and County agree to re- duce the jurisdictional area, he would recommend that the County have a plan in place for that jurisdictional area before the City abandons it. Commissioner Vant Hull asked if all members of the Zoning Commission and the City- County Planning Board have received copies of this report. The Planning Director indicated that all members have received copies, however, some of them only recently. He noted the boards have not had adequate time to review the report and are not prepared to respond. He stated concurrence with Stephan Custer's observation about board member burn-out, noting that might be even more apparent if the two boards are combin- ed. Mayor Stiff asked if any legal review has been made of the committee's report; the Plan- ning Director responded there has not been. Commissioner Hawks asked about the status of the Master Plan update process. Planning Director Epple stated the City-County Planning Board is currently in the pro- cess of evaluating the existing goals and policies and reviewing the 300 suggestions submitted during the public participation process. He noted that once that has been accomplished, the I next step is for the staff to revise the land use classification descriptions. He noted that new land use classifications are to be developed, addressing such items as entryways to the com- munity. He stated the staff hopes to have the narrative portion of the Master Plan completed by the end of the calendar year. The Planning Director noted that the planner who was working on the Master Plan will terminate on Tuesday; however, he does not anticipate that will slow the process very much. Commissioner Martel asked the Planning Director if he has reviewed the resolution sub- mitted by the ad hoc committee. 08-22-88 374 Planning Director Epple indicated that he received a copy at noon today and, therefore, is not prepared to address it at this time. He then requested that members of the committee re- view the proposed resolution and list its implications. The Planning Director stated that under his direction, the staff has worked intensively on the Master Plan update, after which they will proceed with rewriting of the Zone Code. He then expressed concern about any action that would drastically change the staff's course of action, possibly eliminating some of their past efforts. Commissioner Martel stated he does not feel the resolution would create any undue hard- I ships on the staff and may even be helpful. He then noted the committee has submitted a pro- posed calendar for implementation of its report; and the Commission is already behind on that timeframe. Commissioner Vant Hull noted the proposed resolution includes the T AC being imple- mented, which includes planning staff members. She asked if beginning that process before the Master Plan update has been completed will create an extra burden on the staff. Planning Director Epple indicated it would. He noted the ad hoc committee has been very helpful in listing the problems in the regulatory process as well as suggesting an alternative process. He stated at the present time, the planning staff serves the City-County Planning Board, Zoning Commission, City Commission, County Commission, and the ad hoc committee to develop a sign ordinance, which involves a substantial number of meetings. He noted that to add another committee and its meetings at this time would be an additional burden to the staff. The Planning Director then suggested that another acronym be established for the "Technical Advisory Committee (T AC) II since the City already has a "Technical Advisory Committee (T AC)" under its agreement with the State Department of Highways for federal urban aid monies. He also noted that the City-County Planning Board and the Zoning Commission should be given an opportunity to work with the committee in addressing this report at their regular meetings. Mr. Jeff Rupp, Chairman of the Zoning Commission, stated that Roger Craft presented this report to the Zoning Commission at their July meeting; however, many of the members did not receive copies of the report until recently. He stated it is their intent to discuss the report I during their regular meetings after everyone has had an opportunity to review it. Mr. Rupp then indicated he personally wants to make sure the City follows the correct procedure. He noted the Master Plan update should be completed, with necessary changes re- sulting from acceptance of the ad hoc committee report being made at the appropriate time. He stated the current system must be improved, although he feels the review process is funda- mentally sound. He expressed concern about the sweeping changes which have been proposed, noting they must be carefully reviewed to ensure the new process doesn't have as many holes as the old process. He also indicated that he does not feel the Life Link hearings presented any major problems, noting many hearings were held within a thirty-day period to accommodate their needs. Mr. Roger Craft, member of the ad hoc committee, stated he agrees with the comments which have been made. He noted in the original presentation of this report, it was noted that some of the items contained in the report are currently being implemented by the planning staff. He indicated that to continue with implementation of the recommendations would be beneficial to all concerned. Mr. Craft then read an excerpt from a letter from former Planning Director Paul Bolton to former Interim City Manager John Evans dated April 20, 1981, expressing concern that the plan- ning staff did not have adequate time to work on the Master Plan update. He also noted that the memo from the Planning Staff dated August 12, 1988, and the letter from Stephan Custer dated August 14, 1988, indicate support for a revision which would reduce the number of hear- ings while providing for adequate public review and comment. He stated that is the committee's I position as well. Mr. Craft then stated the resolution would enable the committee to proceed with moving toward implementation of the recommendations contained in the report. He noted that the City- County Planning Board and the Zoning Commission must be involved in this process so the transition may be accepted and as smooth as possible. Mr. Joel Shouse, former Chairman of the City-County Planning Board, indicated he had served eight years on that board. He noted that when he was appointed to the board ten years ago, one of his platforms was to review the process, possibly consolidating the City-County 08-22-88 375 Planning Board and the Zoning Commission. He stated he has seen a combined board work very well in other states as well as in Montana. Mr. Shouse then urged the Commission to seriously consider this proposal, moving forward through the process at this time, since it has been under consideration for ten years. Mayor Stiff stated it is not the Commission1s intent to frustrate the ad hoc committee; however, the City-County Planning Board and the Zoning Commission should be given an oppor- I tunity to review the report, and the City Attorney should review it considering the legal aspects of the recommendations. The Mayor also expressed concern that too much pressure may be plac- ed on the planning staff through implementation of the recommendations at the present time. Mr. Shouse noted that all of the items contained in the report cannot be done at once. He noted that update of the Zone Code is different from consolidation of the boards and chang- ing of the jurisdictional boundaries; and those items must be studied separately. He once again encouraged the Commission to move forward with the process, which may only involve studying the various issues at this time. City Manager Wysocki reminded the Commission that the staff is currently involved in two major efforts, and cautioned that to add a third major effort could result in a slowing of pro- cesses. He then indicated that input should be received from the City-County Planning Board and the Zoning Commission; and all differences should be addressed before moving forward with implementation of any changes. In response to a question from Commissioner Vant Hull, City Attorney Becker indicated he has only glanced at the report to date. He then estimated that it will take a month to review the report for legal issues. Commissioner Hawks noted that the report from the ad hoc committee may not be the doc- ument on which final action is taken. He suggested that the staff and advisory bodies should possibly address the issue first, with legal review being made on the final document. Commissioner Goehrung asked if the County Commission has addressed the ad hoc com- mittee's report, noting their timing on this item is an important consideration. I Mr. Craft stated the committee will meet with the County Commission on Tuesday, August 30. He indicated that currently they are at basically the same point as the City Commission. Commissioner Goehrung expressed concern about the City Commission possibly getting too far ahead of the County Commission and the staff members. He also indicated it is unclear what adoption of the resolution would do at this time, questioning whether it may be too soon to do so. He stated that he feels a need for clarity before moving forward with the process. Mayor Stiff noted the Commission has not made any negative comments about the report or its content, only the timing of the request for adoption of the resolution. He indicated a con- cern about possibly overloading the planning staff by moving forward with this item too rapidly. Mr. Roger Craft noted the committee report is based on comments about staff time and developer time involved in the existing review process. He stated in the report the committee addresses those items, noting that until this type of procedure is implemented, the same problem will remain. Mr. Craft then stated the committee is not trying to dictate a procedure for gov- ernment to follow but is trying to help the planning staff. He indicated the timeframe shown in the back of the report can be adjusted as necessary but encouraged the Commission to move for- ward with the process. Mayor Stiff indicated that the Master Plan update and the report from the ad hoc com- mittee to develop a sign code are to be completed by the first of the year. He noted with those two major items addressed, the staff may then have time to address this report adequately. Mr. Craft indicated the ad hoc committee could accept that timeframe. Commissioner Hawks noted the committee's work dovetails into the Master Plan update pro- I cess, since it affects how the Master Plan is implemented. He noted the committee has provided a substantial amount of information for the planning staff through this report, suggesting the process would be more beneficially addressed at this time than after the first of the year. Planning Director Epple noted that through the Master Plan update, the staff is address- ing two of the major findings and recommendations submitted by the ad hoc committee. He in- dicated that, if instructed by the City Commission and the County Commission, the staff is pre- pared to expand the scope of the Master Plan update to include the issue of revising jurisdic- tional boundaries. He noted that item, in addition to revision of the goals and policies and land 08-22-88 376 use classifications currently in progress, will address approximately 70 percent of the committee1s report. The Planning Director then stated he and the planning staff are in agreement with the major items contained in the report; however, he does disagree with some items in the report. Mayor Stiff asked if it would be better to address the committee report in a timeframe parallel to the Master Plan update or to simply utilize information from the report and address that process after the Master Plan update is completed. I Planning Director Epple stated support for addressing the ad hoc committee report after the Master Plan update is completed. He noted the City-County Planning Board is currently meeting twice a month to work on the update; and he would like to see the ad hoc committee provide input in that process. He stated the proposed resolution suggests amendments to the Master Plan and the Zone Code; and he is concerned about making amendments to those docu- ments between now and the end of the year. The Planning Director then suggested that a mora- torium on Zone Code Amendments and Zone Map Changes may be beneficial in the comprehensive rewriting of the Zone Code. The Planning Director then stated that the Master Plan update is subject to three public hearings before its adoption; and the Zone Code rewrite will be subject to a similar schedule. He indicated that to undertake public review of the ad hoc committee1s report at the same time could be an extra burden. Commissioner Hawks suggested that revisions be made to the proposed resolution sub- mitted by the committee. He noted this would allow the Commission to indicate its support for moving forward with the process while not committing the staff or advisory bodies to an effort that would be difficult to accomplish or that might interfere with the current work program. Mayor Stiff asked Commissioner Hawks to reduce his recommendations to writing, submitt- ing them to the Commission for consideration. He indicated this item can then be considered further at the September 6 meeting. Commissioner Martel indicated a desire to move forward with this process as soon as pos- sible. He noted that adoption of the resolution will allow the comprehensive committee to begin I review of the proposed changes, rather than leaving this entire process on hold for a time. B rea k - 3: 1 0 to 3: 1 5 p. m . Mayor Stiff declared a break from 3:10 p.m. to 3:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Review of ad hoc committee report on regulatory procedures (continued) - staff and committee Mayor Stiff asked if additional time is needed before the Commission takes any action on this item. Planning Director Andy Epple stated he would like additional time to review the proposed resolution and its implications before the Commission takes action. Commissioner Hawks noted the Commission must determine on what basis it might be able to move forward in addressing the committee report, noting some cooperation among bodies must be established before forward movement can begin. He stated that must be accomplished before any resolution is adopted. Discussion - draft of sidewalk policy as revised City Manager Wysocki submitted to the Commission the third draft of the proposed side- walk policy, along with a memo from Director of Public Service Phill Forbes. He briefly reviewed the changes in the policy, based on Commission discussion at last week1s meeting. He then indi- cated that the former No.7 has been listed as No. 1b; and the memo contains a proposed re- I placement for that paragraph. He noted the proposal eliminates the need for residents of an area to submit a petition for waiver of the requirement to install sidewalks since a program schedule would be developed in three categories based on public need and public safety. The City Manager then expressed concern about No.4, which indicates that sidewalks will be required when 50% of the lots have been developed in existing subdivisions only. He noted discussion has been held on requiring that all landscaping and sprinkler systems in the public right-of-way be installed at grade; however, that item has not been included in the policy to 08-22-88 377 date. He stated that this provision would eliminate some of the problems incurred where berming has been used as a part of the landscaping. Director of Public Service Forbes stated that he hopes all future development will include sidewalks as a part of the initial public improvements. Commissioner Martel stated that public safety and public need must be addressed in some quantifiable manner if the proposed revision is to be used. I The Director noted that during public testimony, it was indicated that traffic counts on the street would be a quantifiable factor that could be used. He then indicated that he feels the three proposed categories would provide a workable arrangement for establishing a prioritization. He reminded the Commission that the point of origin and the destination are subject to change as development in the community changes; and that may change priorities for sidewalk installation as well. Commissioner Vant Hull suggested that, in addition to public need and public safety, practicality be added to the list of criteria. She noted in some places it would be difficult, if not impossible, to install sidewalks even though they may be desirable. Commissioner Martel questioned why the "long-term" category is included. The City Manager stated that this category will allow for a complete inventory of areas where sidewalks are needed while recognizing that they will not be installed for several years. He noted that when the criteria have been met for requiring installation of sidewalks, the area may then be moved up on the priority list. He indicated it is important to have a complete in- ventory on file, rather than having an area suddenly appear on the list. Commissioner Hawks noted that the residents in those areas in the long-term category may experience some type of anxiety about the potential requirement to install sidewalks after five years. He then suggested another category be added entitled "no need. II Director of Public Service Forbes stated that ordering of installation of sidewalks will require notification of all property owners as well as a public hearing. He suggested that the schedule of installation be made available to the public after it is completed so they have some I idea of where areas are categorized. Mayor Stiff asked about possible deletion of No.4. The Director stated that this item gives him some direction on when sidewalks are to be installed in existing subdivisions that have not yet been fully developed. Commissioner Vant Hull suggested that existing subdivisions which currently have no dev- elopment, such as Electric Heights, be required to meet new subdivision requirements. She not- ed this will cause those areas to install sidewalks during the initial installation of public improve- ments rather than waiting until 50 percent developed. Commissioner Goehrung asked if No.3 should refer to resident owners like No. 1b does; and Director of Public Service Forbes indicated it should. Commissioner Hawks asked if a planned unit development could request a waiver to the installation of sidewalks under this policy. The Director indicated it could not because it would be under ten lots in size. Mayor Stiff asked if the Commission wishes to insert the proposed No. 1 b from the memo into the policy; and the Commission concurred that it does. Mayor Stiff then asked if the Commission wishes to include llpracticality" in the criteria for determining priorities. A majority of the Commission indicated a desire to include it. Mayor Stiff asked if No. 4 should remain in the policy. The Commission concurred it should remain with the addition to address existing subdivisions with no development. The Mayor asked if the Commission wishes to add a No. 14 to address sprinkler systems and landscaping at grade in the public right-of-way; the Commission concurred. I Commissioner Hawks indicated a desire to see the guidelines for determining public need and publ ic safety before accepting the substitution for No. 1 b. Commissioner Hawks noted that on No.6, evergreens are listed as items not allowed. He noted there are some evergreens in the community that are trimmed at the 7-foot level and asked why they would not be allowed under this policy. Director of Public Service Phill Forbes stated it takes years for an evergreen to reach seven feet in height and several more years to reach a height where they could be trimmed up seven feet. He noted that those which currently exist and are trimmed create no screening problems for the sidewalk. 08-22-88 378 City Manager Wysocki noted there are certain areas where specified types of trees are not allowed, such as in the strip between the sidewalk and the curb, because of the damage their roots may cause to the sidewalk or water and sewer lines. Commissioner Hawks asked about a possible provision to allow residents in a subdivision to make donations to a sidewalk along an arterial or collector adjacent to their subdivision in lieu of installing sidewalks within the subdivision. Mayor Stiff noted the City may accept charitable contributions. I The City Manager cautioned that a contribution of this type should not be construed to mean that the City will not require sidewalks within a specific subdivision at some time in the future, when the need arises. Commissioner Hawks suggested that a statement be included in No. 1 b of the policy to in- dicate that the priority schedule will be updated on a regular basis. He noted that a subdiv- ision may not move up from the long-term category; and that should alleviate anxiety for the residents. The Mayor asked if a fourth category should be included under No. 1 b for "no present need anticipated," suggesting that might relieve resident anxiety while providing for a complete inventory of sidewalks. The Commission concurred. Mayor Stiff asked that this policy be submitted to the Commission in final form in two weeks for consideration. Ordinance No. 1266 - requiring abutting property owners to repair sidewalks, foot pavement, curbs and gutters City Manager Wysocki presented Ordinance No. 1266, as prepared by the City Attorney, entitled: ORDINANCE NO. 1266 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING ABUTTING LANDOWNERS TO REPAIR SIDEWALKS, FOOT PAVEMENT, CURBS, AND GUTTERS. The City Manager noted that a memo from Water Superintendent Fred Shields, dated May I 12, 1985, was also included in the packet. He stated that conversations with various staff mem- bers have revealed that the City owns those items located in the public right-of-way; however, the property owner is responsible for maintenance. He indicated that the property owner must request authorization to remove a tree located in the public right-of-way; however, they are responsible for the maintenance. He further noted that the property owner is responsible for maintenance of the sidewalk, and curb and gutter adjacent to his property. City Attorney Becker stated he has prepared this ordinance as the result of correspond- ence from the City's insurance carrier. He noted that the carrier recently paid a claim resulting from a fall on an uneven sidewalk because the City did not have this type of ordinance. He in- dicated the State law provides local government with the power to require that property owners maintain the improvements on the public right-of-way adjacent to their property in good repair. The City Attorney then indicated that this ordinance gives the property owner ten days in which to repair the public improvement after notification. He stated he feels it is important to address the problem as soon as possible to minimize the liability faced by the City as well as the property owner. He noted this could be addressed through a temporary repair during in- clement weather, as provided in the sidewalk policy, with a permanent repair to be made at an appropriate time. Commissioner Hawks suggested that the City publish a notice that property owners are responsible for the sidewalks in front of their properties and that they should be repaired to a safe standard. I Commissioner Goehrung asked if this ordinance will decrease the City's liability. The City Attorney stated that in the ruling in a Whitehall case, it was noted that the sidewalks are owned by the City but the governing body has the power to pass on to the land- owner the responsibility for maintaining them. He indicated he is not certain that removes the liability from the City. Commissioner Goehrung suggested that in the notice to the property owner, the City may wish to indicate that they have ten days in which to repair the sidewalk, after which they will assume full responsibility for any claims submitted. 08-22-88 379 Commissioner Martel expressed concern with the proposed ordinance, noting that a home- owner's policy will not cover claims on public property. City Attorney Becker indicated he would like an opportunity to revise the ordinance sl ightly . Mayor Stiff requested that this ordinance be placed on the agenda in two weeks for fur- ther discussion. I 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, MONTANA, REQUIRING VEHICLES, TRAILERS OR OTHER FORMS OF CONVEY- ANCES TRANSPORTING LOOSE MATERIALS ON PUBLIC STREETS, ALLEYS, OR WAYS TO COVER OR OTHERWISE CONTAIN SAID LOOSE MATERIALS TO PREVENT THE MATERIALS FROM SIFTING, SPILLING, FALLING OUT, BLOWING OUT OR OTHERWISE LEAVING SAID VEHICLE AND PROVIDING A PENALTY FOR VIOLATION. The City Manager reminded the Commission that they had discussed this ordinance at their meetings of July 18, July 25 and August 1 and provisionally adopted this ordinance at their meeting of August 8, 1988. He indicated that he has had several telephone calls on this item during the past week and suggested the Commission may wish to accept comments before final adoption of this ordinance. He noted one revision has been made, to indicate it is the intent of the ordinance to discourage overloading of vehicles. Mrs. Rosalea Abelin, Figgins Sand and Gravel, noted the way this ordinance is written it could pertain to sand and gravel falling from a truck. She stated that in a high wind, dust wi II blow off the load; and she does not feel a citation should be issued in that instance. Commissioner Hawks stated the Commission is attempting to address rocks falling from a I truck and breaking a windshield. He indicated that this ordinance is also to address litter, of whatever type, from loads traveling across the City streets. Mrs. Abelin stated that her company pays any claims that are turned in for vehicle dam- age; and other companies do the same. City Manager Wysocki asked if there is any way to keep trucks from being overloaded or the use of false sideboards. Mrs. Abelin stated the sideboards do help to keep materials from blowing out of the truck. The City Manager suggested that the companies which supply sand and gravel may wish to discuss the problem of overloading. He noted if they cannot adequately address this item without covering the loads, the City may then need to take action. He indicated that when load- ing their own or private vehicles, company personnel can make sure they load them properly. Mrs. Abelin stated she does not feel that people with equipment in good working order and who carry insurance should be required to cover their loads. Mayor Stiff asked if the Commission should finally adopt the ordinance as submitted or if it should be revised to address vehicles hauling sand and gravel. City Attorney Becker indicated he would prefer to rewrite the ordinance prior to final adoption. Mayor Stiff asked that this item be placed on the September 6 agenda for further con- sideration. I Ordinance No. 1265 - establishing an antHitter assessment on unsecured or uncovered loads of loose material brought to the landfill or other disposal site City Manager Wysocki presented Ordinance No. 1265, as prepared by the City Attorney, entitled: ORDINANCE NO. 1265 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AN ANTI-LITTER ASSESSMENT ON UNSECURED OR UNCOVERED LOADS OF LOOSE MATERIAL BROUGHT TO THE CITY OF 08-22-88 380 BOZEMAN'S LANDFILL OR OTHER INSTALLATION ESTABLISHED FOR DISPOSING OF SAID LOOSE MATERIAL. The City Manager reminded the Commission that they had provisionally adopted this or- dinance at their meeting of August 8, 1988. He then recommended that it be finally adopted at this time. Commissioner Hawks noted that to require all loads of material for disposal be covered or in a covered container removes any need for personnel to make a judgment call at the disposal I site. City Attorney Becker expressed concern about allowing for any discretion in an ordinance which establ ishes a crimina I violation. He noted this ordinance, as written, does not provide for any discretion. Commissioner Martel once again stated opposition to this ordinance, noting that the City can enforce the State's I itter law to address the concerns which have been expressed. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1265, establishing an anti-litter assessment for uncovered loads at the disposal site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Review of supplemental budget options for street and garbage; Ordinance No. - Tentative Appropriation Ordinance for Fiscal Year 1988-89 City Manager Wysocki presented the Tentative Appropriation Ordinance, as reviewed by the City Attorney, entitled: ORDINANCE NO. - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPEND- ITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FIS- I CAL YEAR ENDING JUNE 30, 1989. The City Manager indicated that the Tentative Appropriation Ordinance is based on the City Manager's recommendations, upon which work sessions were recently concluded. He then recommended that the Commission adopt the Tentative Appropriation Ordinance and set the public hearing for September 6, 1988. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission adopt the Tentative Appropriation Ordinance, and set the public hearing for September 6, 1988. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. City Manager Wysocki noted that an option for the street division budget unit, to include snow removal on state highway-designated streets, was included in the packet, along with an op- tion for the garbage collection budget unit, to include collection in the Marwyn, Hyalite View and Valley Unit Subdivisions. He noted that a staff summary of the State Highway Department's agreement with Butte was included in the packet as well. The City Manager stated the Commission may review these options and make a determin- ation on whether they should be included in the budget for Fiscal Year 1988-89. He indicated if they are to be included, they can be accommodated through the budget amendment process at the appropriate time. City Manager Wysocki then reviewed the supplemental street division budget. He noted that the staff has attempted to quantify the costs that would be involved in the snow removal I process. He stated that conversations with the State Highway Department have revealed they are willing to decrease the amount of salt used if the City is willing to pay the costs of addi- tional snow removal on those streets which they maintain. Commissioner Vant Hull stated the City does not have the money to pay the additional costs that would be involved from eliminating the use of salt in its snow removal practices. She stated that she feels the best way to approach this item is to ask the County Commission to place a 2-cent-per-gallon gas tax on the ballot. She stated if that is approved, the City would then have revenues from all those who use the streets which could be used to maintain those 08-22-88 381 streets; and adequate monies would be available to use alternatives to salt. She noted that monies should be available for other projects as well, such as acquisition of right-of-way for Kagy Boulevard from South 11 th Avenue to South 19th Avenue, the North 19th Avenue inter- change and earlier extension of West Oak Street. The Commissioner stated she does not sup- port the City absorbing all of the costs for revising the snow removal method. Mayor Stiff noted the costs for eliminating salt from the snow removal program are very I high. Commissioner Martel stated he does not feel that salt causes much snow melt; therefore, the need for snow removal should not be much greater than it is now if salt is eliminated. He noted that snow was removed only twice last year; and he does not feel that number would in- crease much if at all. The Commissioner then noted that Butte receives $130,000 to $140,000 from the State under its agreement; and he feels that Bozeman should receive a similar amount if it takes over the maintenance of state highway-designated streets. City Manager Wysocki asked how many additional personnel would be required if the City took over maintenance of the state highway-designated streets and eliminated the use of salt. Director of Public Service Phill Forbes stated the snow removal process is very labor in- tensive, estimating that twelve additional employees would be needed as well as additional equip- ment and capital items. Commissioner Martel noted that it would be better to accommodate the snow removal pro- cess on a contract basis rather than through the City. The Director reminded the Commission that the Butte contract is written for use of City personnel and equipment, noting that must be considered when estimating potential revenues. City Manager Wysocki stated that the crews are currently mixing the sand and salt for this year's snow removal program and have reduced the amount of salt to 5 to 10 percent, which is the amount needed to keep the sand from freezing in chunks, per prior Commission determin- ation. He noted the City will contract for snow removal if necessary, noting it is not feasible to hire additional personnel or purchase equipment. He also noted that this new program may re- I suit in the need to sand more often to ensure public safety. Commissioner Martel suggested that a contract with the State Highway Department should treat the City the same as others in the state. He noted that the City of Bi Ilings receives $4,800 per lane mile while Butte receives $4,700 per lane mile; and he feels those are realistic. The City Manager cautioned that the City cannot anticipate receiving more monies from the State Department of Highways than what it currently pays for the snow removal program in Bozema n . He noted any additional expenses from the City's method of addressing the issue must be borne by the City. Mayor Stiff noted he drives older vehicles; and they are not rusting out. He stated the City cannot afford to change its snow removal policy without passing the costs on to the tax- payer, a change which he does not support. City Manager Wysocki suggested that the City talk to the State Highway Department about reducing the amount of salt in the mixture, which would allow the City to monitor the difference in work and costs. He noted that with the decrease in salt, the City will be able to monitor its costs and workload as well. Director of Public Service Forbes stated that with the low amount of salt in the mixture, it will serve only to keep the sand from freezing and will have no melting effect left when spread. Commissioner Hawks asked if spreading sand more often will result in the same amount of salt being used in the long run. He then suggested that instead of that approach, windrowing the snow and removing it from the streets might be better. He noted that approach will result I in more use of equipment and labor; however, the sand and salt costs will be lower. Mayor Stiff suggested the discussion on this alternative be suspended at this time, due to the late hour. He noted that it would be appropriate for the fifth Monday discussion to be held next week. City Manager Wysocki suggested that the Commission begin discussion on this item at 1: 00 p.m., rather than the standard 2:00 p.m. meeting time; and the Commission concurred. Commissioner Goehrung suggested that prior to that time, City representatives contact Butte representatives to determine the equipment they have and how much above State standards 08-22-88 382 they require as well as the monies Butte is contributing to the program. He noted this inform- ation will help to draw a comparison of the programs and costs. The City Manager stated he will ask the Director of Public Service to make that contact prior to next week's meeting. The Commission then reviewed the supplemental budget for garbage collection. City Manager Wysocki stated this supplemental budget is revenue neutral. He stated that it includes one full-time and two part-time personnel working two days a week. He noted that he I wants a full-time employee driving the garbage truck; and that employee would serve on other crews as needed on the days he is not working on garbage collection. Commissioner Goehrung asked when the additional garbage routes could be started. The City Manager stated the existing garbage routes will probably require revision to efficiently accommodate the new areas. He also noted that notice must be given to the private hauler; and an inventory of all of the dwelling units to be served must be made for assessment purposes. He then indicated that a visual count has revealed the following additional homes to be served: Marwyn Addition, 56 homes; Hyalite View, 212 homes; and Valley Unit, 84 single- family homes and 11 four-plexes, for a total of 396 units. Commissioner Goehrung stated that he feels expansion of the City's garbage collection routes increases the need for a recycling program. City Manager Wysocki suggested that the Commission direct the staff to proceed with the necessary steps for expansion of the garbage routes if that is their desire. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the staff to proceed with an additional garbage route to include the Marwyn, Hyalite View and Valley Unit Subdivisions. 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. Ordinance No. 1267 - Amending Ordinance No. 1137, fixing the salaries of the City Commis- sioners and Mayor I City Manager Wysocki presented Ordinance No. 1267, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1137, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. Mayor Stiff stated he still has the same concerns he expressed at last week1s meeting. He indicated that he feels this change could result in more Commissioner absences, noting that he has not seen any unexcused Commissioner absence while serving on this body. The Commissioners briefly discussed whether a maximum number of excused absences per year should be included in the ordinance, finally concurring that it should remain as submitted. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1267, fixing the salaries of the City Commissioners and Mayor, 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 Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commission Resolution No. 2711 - Prescribing the form and terms and covenants of the City for payment of bonds for Special Improvement District No. 653 City Manager Wysocki presented Commission Resolution No. 2711, as reviewed by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2711 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $180,000 SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1988 (SPECIAL IMPROVEMENT DISTRICT NO. 653); PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. The City Manager indicated this is a routine resolution for all special improvement dis- tricts, which is prepared by the bond counsel. He then recommended that the Commission adopt 08-22-88 383 this resolution, which prescribes the form and terms and covenants of the City for payment of the bonds for Special Improvement District No. 653. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2711, prescribing the form and terms and the covenants of the City for payment of Special Improvement District No. 653 bonds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Authorize Mayor to sign - documents pertaining to the closing of $2,936,000 Pooled Special Im- provement District Refunding Bonds, Series 1988A City Manager Wysocki presented to the Commission a memo from Administrative Services Director Gamradt listing the various documents which must be signed for closing of the $2,936,000 Pooled Special Improvement District Refunding Bonds, Series 1988A. He noted the closing is set for August 25, and recommended that the Commission authorize the Mayor to sign the necessary documents. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct the Mayor to sign the necessary documents for closing of the $2,936,000 Pooled Special Improvement District Refunding Bonds, Series 1988A. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - Fifth Monday discussion City Manager Wysocki informed the Commission that Mayor Stiff had requested this item be placed on the agenda for the purpose of listing topics to be addressed during the fifth Monday discussions next week. He then suggested that any additional topics be submitted to the Clerk of the Commission by noon on Wednesday to allow the staff time to prepare for the discussions. I Mayor Stiff suggested the following items be placed on the agenda: (1) discussion of the optional budget for the street division, including salt on the streets; (2) discussion on a reserve policy, to be submitted by Administrative Services Director Gamradt; (3) discussion on an out- line for the funding challenge for the North 19th Avenue interchange; (4) discussion on the pros and cons for water and sewer rate increases; and (5) review of the "also ranl/ goals for the general fund. Commissioner Martel noted the report from the ad hoc committee to review the business license ordinance should be discussed and acted upon and asked if next week would be the ap- propriate time to begin that process. The Commission concurred this would be more appropriate as a regular agenda item and requested that it be placed on the agenda within the next two or three weeks. Commissioner Vant Hull requested that a discussion on developing an administrative fee or an appraised value fee for vacation of streets and alleys be placed on the agenda. Review of I/also ran" goals for the general fund Mayor Stiff stated this item is to be addressed at next week's meeting, per the above dis~ cuss ion . Appointment to the Board of Appeals City Manager Wysocki stated the vacancy on this board has been advertised; however, no applications have been received to date. I Commissioner Hawks noted that the individual who has resigned has an architectural back- ground and suggested that an individual with a similar background be appointed as a replace- ment to help maintain the good balance currently on the board. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission direct the Clerk of the Commission to readvertise for this vacancy, with the deadline for applications being September 20, 1988. 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. 08-22-88 384 Appointments to the Historic Preservation Advisory Commission It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission appoint Claudia Lee Foster to replace James Nave as the Main Street representative, Chris Boyd to replace Jane Stone as an at-large member, and Paul Monaco to replace Paul Gleye as a professional member on the Historic Preservation Advisory Commission, all with terms to ex- pire on June 30, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull I and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following IlFor Your Information" items. (1 ) A copy of the agenda for the T AC/ PCC meeting to be held on Tuesday, August 23 at 10: 00 a. m . (2) The City Manager announced a tour to be held with the Highway Commission at 3: 00 p. m. on Wednesday, August 24. He stated that the Highway Commission meeting will begin at 8:00 a.m. on Thursday, August 25 at the Holiday Inn. (3 ) The City Manager stated he will be in Helena on Friday to attend an MMIA Board meeting. (4) A letter from Shirley Sedivy to the Mayor regarding handicapped parking. The Mayor noted this pertains to the "also ran" goals and suggested it be considered at that time. (5) The water use report for week ending August 17, 1988. The City Manager noted that the report indicates there are 1600 acre feet left in the reservoir, however, he cautioned the Commission that figure does not reflect evaporation. He stated that he was at the reservoir this weekend; and it is lower than he has seen it. He noted the City must monitor this supply carefully to ensure adequate water for this year as well as a retained pool for next year. (6) A copy of the agenda for the Montana Highway Commission meeting to be held on I Thursday, August 25, 1988. (7) A "thank you" letter from Larry Johnson, ILX Lightwave Corporation, for the staff assistance in preparing the successful application for the Community Development Block Grant mon ies . (8) A copy of a letter dated August 11, 1988, to Commission Goehrung from the Bozeman Area Chamber of Commerce confirming his participation in the Leadership Bozeman Semi- nars. (9) A copy of the minutes for the Chamber of Commerce Governmental Affairs Commit- tee meeting held on August 15, 1988. The City Manager suggested the City should monitor the meetings of this group to deter- mine what platforms they may establish for the upcoming legislative session. Commissioner Martel stated he has attended the last two meetings of this committee and plans to attend futu re meetings. (10) Agenda and packet for the Zoning Commission meeting to be held on Tuesday, August 23, 1988. ( 11) Commissioner Vant Hull distributed to the Commission copies of the convention checkl ist for host cities from the Montana League of Cities and Towns. She noted this I ist is more comprehensive than she had anticipated. She indicated that she has given copies of this list to the Chamber of Commerce, the GranTree Inn and the Holiday Inn and will give one to the Montana State University Strand Union Building. She noted these bodies may be able to help the City in meeting obligations if Bozeman is host for the 1990 conference. I Consent Items Claims 08- 22-88 385 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. I Adjournment - 6:12 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks I 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 08-22-88