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HomeMy WebLinkAbout1988-09-19 414 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 19, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 19, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I 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 Items be removed for dis- cussion. Minutes Mayor Stiff noted that the Commissioners have no minutes before them for action at this time. He indicated that the minutes of the regular meetings of September 6 and September 12 will be considered at next week's meeting. Acknowledge receipt of donation from Haynes Foundation Mayor Stiff noted that Mrs. Isabel M. Haynes; John R. Kline, PC; and Margaret Woo Showen, CPA; the three board members of the Haynes Foundation, have requested authorization to address the Commission at this time. He noted that also in attendance for this item are Mrs. Judy Kline and Robert H. Lehrkind. Mr. John Kline stated that Mrs. Haynes wishes to present the deed to the property at 801 North Wallace Avenue to the City as a gift from the Haynes Foundation. Mrs. Isabel Haynes presented to the Mayor the grant deed from the Haynes Foundation to the City of Bozeman for the Haynes Building, which is located at 801 North Wallace Avenue. She indicated that she has several items in storage which must be moved before the City takes possession. She also asked that some of the City staff members tour the building with her so I she can point out various items. Mrs. Haynes then stated her husband was very civic minded and would approve of the donation of this facility to the City. Mayor Stiff expressed gratitude for the gift, noting this is something which occurs only rarely in the I ife of a city. He then thanked Mrs. Haynes and the late Mr. Haynes for their contributions, past and present, to the community. The Commission thanked Mrs. Haynes and the Haynes Foundation for the donation. Award bid - negotiated bond sale for SID No. 654 - paving of Lea Way - $56,100 City Manager Wysocki noted that Administrative Services Director Gamradt has negotiated the bond sale for Special Improvement District No. 654, in the amount of $56,100, at the net ef- fective interest rate of 8.511 percent. He then indicated the project is now ready to move for- ward and recommended that the bid for the bond sale be awarded to James E. and Anne W. Banks at the negotiated interest rate. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the negotiated bond sale be awarded to James E. and Anne W. Banks at the net effective interest rate of 8.511 percent. 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. Award bid - construction of SID No. 654 - paving of Lea Way I City Manager Wysocki presented to the Commission a memo from Director of Public Service Forbes and a letter from Kerin and Associates, consulting engineers, recommending that the bid for both Schedules I and II be awarded to AA Asphalt, Bozeman, Montana, in the total corrected bid amount of $39,393.00. He noted that the original bid contained an addition error in combin- ing the totals for Schedules I and II; and the revised total reflects the correct amount. He then reminded the Commission that award of the bid was deferred at last week's meeting to allow the consulting engineer an opportunity to gather signed statements due to an error in the quantities 09-19-88 415 listed in the bid specifications. He noted those signed statements have all been returned, and concurred in the recommendation for award. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission award the bid for construction of Special Improvement District No. 654 to AA Asphalt, Bozeman, Montana, in the total bid amount of $39,393.00 for Schedules I and II, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those vot- I ing Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Authorize City Manager to sign - engineering contract for SID No. 654 - Kerin and Associates City Manager Wysocki noted that action on this item was also delayed at last week's meet- ing. He then recommended that the Commission now authorize him to sign the engineering con- tract for Special Improvement District No. 654 with Kerin and Associates. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the City Manager to sign the engineering contract for Special Improvement Dis- trict No. 654 with Kerin and Associates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - review of report from ad hoc committee to review the business license ordinance and staff response City Manager Wysocki presented to the Commission a memo from Administrative Services Director Gamradt listing the various points and recommendations contained in the ad hoc commit- tee1s report as well as the staff responses to those recommendations. Committee members John Parker and Reese Bassett were present for this discussion. Mr. Steve Hample, Chairman of the committee, arrived late in the discussion. The Administrative Services Director indicated that he summarized the recommendations I contained in the majority report and the three minority reports, as submitted by the committee. He stated that his responses reflect only those items which came to mind upon review of those recommendations and are not full blown responses, nor are they meant to be critical. Administrative Services Director Gamradt stated there are several good points contained in the report; however, he noted some of the recommendations could create administrative problems. He then reviewed each individual recommendation and the staff response, after which the Com- mission discussed them, as follows: 1. All businesses with $5,000 or more gross income, not exempted by law, should be licensed. Mr. Gamradt indicated he supports the concept; however, it could be administratively difficult to enforce. He then suggested that itinerant vendors be treated in a separate section, rather than under this provision for general business licenses. Commissioner Hawks indicated he is sensitive to the privacy of a business, noting that review of tax returns would be a good way to determine the gross income. He then asked if there is an alternative to that, possibly requiring that a business purchase a business license unless they volunteer to show their tax returns. Commissioner Martel concurred that itinerant vendors should be treated separately. He then stated that all businesses should be licensed, noting the City should not see a business's tax returns. Mayor Stiff noted that $5,000 gross income in a labor intensive business is much different than $5,000 gross income in sales, such as Amway products. He also expressed concern with I the City reviewing the tax returns of a small business, suggesting an alternative method should be found. The Administrative Services Director suggested that only a registration fee be charged for home occupations, since no inspection would be made of the residence to ensure public safety. Commissioner Vant Hull suggested that possibly listing in the yellow pages could be one of the criteria for licensing of businesses. Mrs. Daria Joyner, Executive Di rector of the Bozeman Area Chamber of Commerce, noted there are several home-based businesses in the community that sell their goods at an exhibit at 09-19-88 416 the Fairgrounds. She stated that some of the downtown businesses a re concerned that if they were to sell their goods on a more frequent basis, they would become competition that is not re- quired to be licensed. She requested that those concerns be considered when revising this ordinance. City Manager Wysocki summarized the Commissioners' comments, noting that itinerant vendors are to be addressed in a separate section. He noted that the concept of requiring those businesses with a gross income of $5,000 or more to purchase a business license is good; how- I ever, he requested this recommendation be referred to staff for review and development of a possible alternative for enacting the recommendation. 2. Establish a flat fee of $25 for all businesses. I n addition, a graduated inspection fee should be assessed based on the businesses' square footage. Mr. Gamradt noted that the staff submitted to the committee the total amount which must be raised to make this activity revenue neutral. He noted that to lower the minimum fee will cause fees for other businesses to increase to generate the necessary revenues. He then indi- cated that the fees charged for inspections are proposed on a square footage basis; and those may require adjustment if this lower flat fee is approved. In response to a question from Commissioner Hawks, the Administrative Services Director stated an inspection fee should be charged to those businesses which are exempt from the busi- ness license fee; however, the inspection fee should be a part of the license fee for all busi- nesses which are licensed. He noted that square footage is a reasonable basis upon which to establish the inspection fee. In response to a question from Mayor Stiff, Administrative Services Director Gamradt in- dicated that the revenues needed for this activity included businesses which are licensed, and did not involve exempt businesses. He noted those must be handled in a totally separate man- ner; and any inspection of those establishments will result in an increase in costs as well as an increase in revenues. The Mayor noted that to decrease the minimum fee will create a void in revenues which must be covered in another manner through the licensing process. I Commissioner Hawks suggested that a $25 license fee be established under this ordinance, with inspection fees for both exempt and non-exempt businesses being addressed through a sep- arate ordinance. The Administrative Services Director responded that such an approach would create sub- stantially more administrative work since it would require that non-exempt businesses acquire two licenses rather than one. He then requested that the Commission leave the inspection fee for those firms required to obtain a business license under this ordinance, separating only the exempt businesses. Mr. John Parker reminded the Commission that a license fee is to cover expenses and is not meant to generate revenue. He then noted that under the proposal, the basic fee would in- clude the inspection fee for a specified square footage; and the amount charged for the inspec- tion fee would cover the remaining portion of the square footage. The City Manager requested that the staff be given an opportunity to review the $25 pro- posed fee. He further suggested this be considered a registration fee, with the inspection fee to be added based on square footage. 3. Charge exempt businesses an inspection charge designed to conform exactly to the inspection charges for businesses which are licensed. The Administrative Services Director stated that this question was discussed at great length by the committee. He indicated this is a viable recommendation; however, he cautioned that it should be discussed totally separate from the business license issue. The Commissioners concurred that they will not discuss this recommendation at the I present time, but will consider it as a separate issue. 4. Reduce the number of square footage groupings. Administrative Services Director Gamradt indicated that to reduce the number of square footage groupings will increase the number of complaints about inequity. He stated that he does not advocate changing the groupings, but wants the Commission to be aware of potential prob- lems. He noted that under the present ordinance, there are eleven square footage groupings; and this proposal would reduce that to six groupings. The Commissioners concurred with the committee recommendation. 09-19-88 417 5. Reduce the special classifications of businesses and place them in the general busi- ness category. The Administrative Services Director concurred. He noted all businesses should be in the general business category unless they have reason to be treated separately because of extra- ordinary regulations. Mr. Reese Bassett noted that building contractors may have a small office in the city; I however, they may require more regulation that would be covered through license fees based on that area. He also cited transportation firms as another example, noting the office area, where the public may frequent, is small; however, they may have a large garage for vehicles. He noted those activities may require licensing under a separate section so that the special con- siderations may be adequately addressed. Administrative Services Director Gamradt stated that the criteria for determining square footage under the general business category is any area which would be frequented by the pub- lic and is used in the business operations. City Manager Wysocki asked what type of square footage would be used when licensing a ca riot. He noted the structure for such activities is usually small; however, the parking lot is usually large. He noted that the storage area for a lumber yard is very similar. He suggested that a percentage of the license fee could possibly be applied to those businesses with large square footages which are not often frequented by the public. Commissioner Vant Hull noted that the Administrative Services Director has stated that if the minimum fee is lowered and the maximum fee is lowered, the additional costs will be borne by those in the middle. She then suggested the Commission may wish to consider adjusting the minimum and maximum fees to avoid that type of situation. The Commission suggested that transportation firms, contractors, manufacturers, and mobile home sales be reviewed and placed in the general business category if possible. 6. Create miscellaneous groupings to include those businesses for which square foot- age may not be easi Iy applied. I Administrative Services Director Gamradt stated this recommendation ties to the one listed above. He noted that a majority of the City's regulations pertain to fire inspections; therefore, most of the businesses should fall into the general business category. Commissioner Goehrung requested that the staff provide information concerning how a percentage of the square footage fee could be applied to those businesses which have large square footages with limited public access. 7. All building contractors should pay the same fee. Mr. Gamradt indicated that if there is a good reason to treat this category differently, it should be listed under miscellaneous groupings. He noted, however, if they are treated basic- ally the same, they should be listed under the general business category. The Commissioners concurred that contractors should be included under the general busi- ness category. 8. A $225 fee per visit should be assessed against all carnivals, fairs, rodeos, cir- cuses, etc. The Administrative Services Director stated concurrence, noting the recommended fee would be much easier to administer than the current fee structure. The Commissioners concurred, suggesting the language be revised to specify $225 per en- gagement, not to exceed seven days. 9. If more income is generated from the revised fee schedule, then the excess should be applied to a reduction in the next year's rate. The Administrative Services Director stated support for the concept; however, he sug- I gested that more than one year be utilized in determining the actual amount of revenue generat- ed. City Manager Wysocki indicated support for periodic review of the revenues and costs in- curred for this activity. He noted if the revenues generated are consistently high or low, the rates should be revised accordingly. 10. Included in the rate schedule is a reduction in the maximum fee from $450 to $225. Administrative Services Director Gamradt stated the fee charged should approximate the regulatory costs involved. He noted that if the costs are $450, that should be the fee charged; however, if $225 covers the costs, that should be the fee. He cautioned the Commission that if 09-19-88 418 the maximum fee is lowered, the fees for the medium-sized businesses must be raised to generate the needed revenues. The Commission concurred that the staff should review this proposal. Minority Report #1. 1. Establish a flat fee in the $40 to $50 range. The Administrative Services Director indicated that a question of equity exists under this recommendation. I 2. The definition of a business needs to be expanded to include all lIin homell busi- nesses generating annual income of $10,000 or more, and all rental properties. Residential properties, duplexes or larger, should fall under the definition of business and be licensed. Mr. Gamradt indicated that the definition of "businessll would include home occupations and rental units under this recommendation. He noted that a question of equity exists under this recommendation also. Commissioner Vant Hull noted this recommendation refers to licensing of businesses with more than $10,000 gross income while the Recommendation No.1 under the majority report refers to $5,000 gross income. Mr. John Parker stated this minority report came in at the last minute; and there was no systematic consideration of these recommendations. The City Manager indicated these two recommendations must be carefully reviewed, re- minding the Commission this is a minority report signed by one member. Minority Report #2. 1. Business license fees need to be reduced so they are competitive with other cities in the area. The Administrative Services Director stated that in Helena a flat $10 license fee has been adopted. He noted, however, that the City officials made a conscious decision to subsidize busi- nesses in this manner; and the City of Bozeman officials have not made such a decision to date. City Manager Wysocki noted this minority report was signed by three committee members. He noted it would be difficult to recover the costs if this recommendation were adopted. I Mayor Stiff noted the Commission has made no conscious decision to subsidize business in this manner. Minority Report #3. 1. Seek legal advice from an attorney who is a specialist in Municipal Law and have Title 5 rewritten to incorporate the recommendations of the ad hoc committee. Mr. Gamradt stated he has no comment on this item. City Manager Wysocki noted that two committee members signed this minority report. He then suggested that the City staff has the expertise to rewrite Title 5. 2. Each business should be billed for what it receives in an inspection through an hourly rate. The Administrative Services Director stated he does not support this recommendation, noting that the administrative costs would increase dramatically under this proposal. He a I so noted that the license fee would vary from year to year, rather than being a fixed cost to the business. Commissioner Martel suggested that, unless a business changes its size or location, the amount charged for inspections should remain relatively static. Administrative Services Director stated that the Fire Department does team inspections, with four or five firemen entering a structure and drawing a floor plan showing the layout of the area and the exits. He noted such tours may take one to two hours to complete; and they are not done on an annual basis. He indicated that in the year when such a tour is made, the fire inspection fee would increase dramatically under this recommendation. I The City Manager suggested that the square footage basis for calculating inspection costs would be very close to the hourly rate basis suggested in this recommendation. Commissioner Martel asked if licensing of businesses should be extended to include those in the City's jurisdictional area, since they do conduct business within city limits. The Administrative Services Director indicated that the present ordinance requires that any business conducting business within the city limits must obtain a business license. He then noted that a substantial portion of the license fee is to cover costs of inspections, which would 09-19-88 419 not be made on those outside city limits. He indicated that the license fee charged to those businesses may require consideration. Administrative Services Director Gamradt indicated that he and City Attorney Becker will proceed with the rewriting of Title 5, incorporating those committee recommendations supported by the Commission. He noted a draft of the revised ordinance should be ready for Commission consideration in about three weeks. He then indicated an interest in having the process com- I pleted and the new fee schedule in effect as of January 1, when licenses are to be renewed. Break - 3:45 to 3:50 p.m. Mayor Stiff declared a break from 3:45 p.m. to 3:50 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2714 - re regulatory process City Manager Wysocki presented Commission Resolution No. 2714, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2714 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REGARDING THE AD HOC COMMITTEE REPORT ON STREAMLINING THE CITY OF BOZEMAN'S PLANNING REVIEW PROCESS. The City Manager indicated that a copy of this resolution was included in the Commis- sioners. packets. He noted that the original draft of the resolution was included in the ad hoc committee's report to the Commission; and it has since been revised through cooperation of com- mittee members, Commission members and staff members. He stated that attached to the resolu- tion was a memo from Planning Director Andy Epple addressing one of the items contained in the resolution. He noted the resolution requests an Attorney General's opinion; and the Planning Director has suggested that a joint opinion from the County Attorney and the City Attorney be I sought instead. He indicated that, if necessary, an Attorney General's opinion could be sought if that process was not adequate. City Manager Wysocki then briefly reviewed the contents of the resolution, indicating where revisions have been made. Commissioner Hawks suggested that Section 5 (a) of the resolution be revised to read II... in coordination with a 'growth area. County planning district. II He noted this more accurately reflects the intent of that item, since the County must address planning in the growth area around the City's jurisdictional area. The Commission concurred with that revision. The Commission also concurred that Section 9 be revised to II... seek a joint opinion from the County Attorney and the City Attorney ... II It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2714, as amended. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - revised sidewalk policy City Manager Wysocki presented to the Commission the latest revision of the sidewalk pol icy. He noted that Commissioner Hawks had distributed a list of suggested revisions to the Commissioners just prior to the meeting. Commissioner Hawks briefly reviewed his suggested changes in the sidewalk policy. Under the design policy, Commissioner Hawks suggested that the language for IIwidthll be I changed to read IICity Engineer to determine required width on an individual basis if not ad- dressed in these standards and will attempt to maintain consistency ... II The Commission con- curred. Under IIgradell the Commissioner suggested that the word IIgreaterll be removed and re- placed with IImore horizontalll to require a more gentle grade as has been discussed in previous meetings. The Commissioners concurred. Under 1I0ptions--widthll Commissioner Hawks suggested that planters be added; and the Commissioners concurred. 09-19-88 420 Under "options--Iocation" Commissioner Hawks suggested that after "arterial and collector roadways" the option "City Engineer approval with insufficient right-of-way width. II He noted this will allow for placement of sidewalks within the right-of-way along streets such as North 7th Avenue. City Manager Wysocki indicated that he would prefer to leave the "no option" statement and add an exception for insufficient right-of-way. The Commission concurred. Commissioner Hawks then reviewed his proposed changes under the implementation policy. I He expressed concern that No. 6 requires that sidewalks be installed in all new developments; however, he does not feel that was the Commission intent. He then suggested that it be clari- fied by adding "or exempted by the City Commission based on design criteria satisfying the criteria of No. 4c." City Manager Wysocki suggested that the improvements agreement referred to under that item could address the provision that no sidewalks would be required within a development. He then noted that Condition No. 6 could be revised to state, "AII new subdivisions and develop- ments within the City shall install sidewalks before occupancy unless otherwise covered by an improvements agreement which has been approved by the City Commission. II The Commission concurred in that change. Commissioner Hawks then suggested that the word "temporary" be removed in No. 14. Following a brief discussion, the Commission concurred. City Manager Wysocki stated that Commissioner Vant Hull had asked about leasing of the right-of-way to the property owner until a sidewalk is installed. He expressed concern about that proposal, noting it would be utilized for a purpose other than its intended use. He a I so questioned what type of a fee would be established for such a lease. City Attorney Becker indicated the State statutes address the power to lease property; however, he noted there have been no instances where a city has leased the public right-of-way back to the adjacent property owner. Mayor Stiff requested that a new revision of the sidewalk policy be submitted to the Com- mission for consideration as soon as possible. I Recess - 5:00 p.m. Mayor Stiff declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Reconvene - 7:00 p.m. Mayor Sti ff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Block H, This was the time and place set for the public hearing on an application for a Master Plan Amendment requested by Montana Power Company to change the land use designation from Res- idential--medium-density to General Highway Commercial on Lots 17 through 22 of Block H of Story's Addition. The subject parcels are more commonly known as 1003, 1007 and 1013 West Babcock Street. Mayor Stiff opened the public hearing. Planner Ron Brey presented the staff report. He stated that under the proposed Master Plan Amendment, the land use designation would be changed on the entire southern one-half of Block H of Story's Addition. He noted that the north half of the block, which lies along the I south side of Main Street between South 10th Avenue and South 11th Avenue, currently houses the Montana Power Company office building. That firm has indicated an interest in expanding their building; and the subject parcels are to be utilized for expansion of the parking area. The Planner stated that under the current code, parking for a commercial use must be provided within the same zone; therefore, the applicant has submitted this request. He indicated that a zone map change must be subsequently sought before the parking area may be expanded. Planner Brey stated that the land uses in the immediate area are mixed, with residential use being located on the subject site at the present time, and residential-office use located 09-19-88 421 immediately across the street to the south. He then indicated there are adequate water and sewer services to the site. He further noted that the current transportation plan recommends that Babcock be designated a one-way collector to South 11th Avenue, and that South 11th Ave- nue be designated as an arterial. Planner Ron Brey indicated that following review of the six criteria for change in the land use designation, the staff found the application to be in general compliance with the Master I Plan. He noted the main concern expressed was that safe and well-defined access be provided to the subject site; and that issue is to be addressed during the zoning process. He indicated that three residential structures currently exist on the subject parcel; however, they have been vacant at various times during the past few years and are in need of some repair. The Planner then indicated that following its public hearing on this application, the City-County Planning Board recommended approval of the requested Master Plan Amendment. Mr. Nick Fullerton, architect representing the Montana Power Company, briefly reviewed the proposed expansion of the existing office building, noting that he is attempting to orient it sl ightly away from the busy intersections. He indicated that the parcel under consideration in this application would be utilized for a parking area, since expansion of the building will almost el iminate the existing parking area. Commissioner Vant Hull asked if the proposed Master Plan Amendment should have been expanded to include a larger area. Planner Ron Brey reviewed the existing uses in the immediate area. He noted that there is some fairly viable housing stock along West Babcock Street immediately east of the subject block; therefore, the staff determined that the application should not be expanded. He noted this is an area which is incurring mixed use since commercial developments are expanding. Commissioner Goehrung asked about the screening requirements and setbacks where the proposed zoning designation abuts an R-4 zone. Planner Brey stated that the corner setback requirements, and the landscaping and buf- fering requirements in the B-2 zone will be at least as restrictive as those found in the R-4 I zone. Commissioner Vant Hull asked about the timeframe for expansion of the building. Mr. Fullerton stated that there are some restrictions on when the monies will be allocated; however, they wish to proceed as quickly as possible. No one was present to speak in opposition to the requested Master Plan Amendment. Mayor Stiff closed the public hearing. Commissioner Hawks indicated he will abstain from discussing or voting on this application since he owns property immediately across the street from the subject site. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the application for the Master Plan Amendment submitted by Montana Power Com- pany to change the land use designation from Residential--medium-density to General Highway Commercial on Lots 17 through 22 of Block H of Story's Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. Ordinance No. 1266 - requiring abutting property owners to repair sidewalks, foot pavement, curbs and gutters I City Manager Wysocki presented Commission Resolution No. 1266, as prepared and amend- ed by the City Attorney, entitled: ORDINANCE NO. 1266 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, REQUIRING ABUTTING LANDOWNERS TO REPAIR SIDEWALKS, FOOT PAVEMENT, CURBS, AND GUTTERS. The City Manager reminded the Commissioners that they had discussed this ordinance at the September 6 meeting and had requested it be placed on this agenda for further discussion. He noted that one of the items of concern raised was the issue of increased insurance premiums 09-19-88 422 to property owners. He stated that discussion with one of the local insurance agents revealed that the existing insurance premiums would not change; and coverage would be included for all of those elements addressed in the ordinance. Commissioner Hawks stated he feels that the argument submitted two weeks ago against the inclusion of curbs and gutters in this ordinance was strong enough to eliminate them from this ordinance. He noted that those items must be installed with special forms and are most economically installed in large sections. I City Manager Wysocki concurred that maintenance of curbs and gutters should be done on a larger scale; however, he indicated that he feels the property owner could be held responsible for maintenance of the sidewalk. He did express concern about requiring the general taxpayer to bear the costs of repair and maintenance of curbs and gutters, particularly when there are areas in the community without curbs and gutters. The City Manager then noted that any costs incurred in this program must be funded outside 1-105, which would require establishment of a maintenance district. Commissioner Hawks expressed concern about the economic impact of this type of program if the City were to become aggressive in the maintenance program. Commissioner Martel stated there are several different styles of curbs and gutters in the community, noting that today's standard includes integral curbs and gutters. He then indicated that the curb and gutter establish a boundary for the street and should, therefore, be included as a pa rt of the street section. He also noted that corners create a different set of circum- stances. He stated that a property owner can patch a sidewalk because the boundaries of that section have already been established by adjoining pieces of sidewalk. He affirmed, however, that curbs and gutters are reference points for the street and should be installed by a contract- or. The Commissioner then suggested that a maintenance district may be the best way to ap- proach this issue. City Manager Wysocki suggested the Commission may wish to consider a five-year replace- ment program, establishing a ceiling for the costs to be incurred each year. He indicated that a five-year financing program could possibly be included to decrease the economic impact. I The City Manager then suggested the Commission may wish to consider inserting "tem- porary or permanent" repairs; and they concurred. He further asked if the Commission wished to extend the ten-day period. Following discussion, the Commission concurred that period should be extended to thirty days. Commissioner Vant Hull suggested that curbs and gutters be removed from the ordinance. Mayor Stiff expressed concern that removing curbs and gutters from the ordinance will cause the general community to bear those costs. He then asked if the City will retain its liability if those items are removed. City Attorney Becker indicated that the insurance carrier recommended that the City adopt an ordinance pertaining to the liability for sidewalks. He stated that review of the State statutes refer to sidewalks, foot pavements, and curbs and gutters, so he included all of those items in the ordinance. He suggested the major liability is incurred on sidewalks; and he feels that to remove curbs and gutters would not cause any problems. Following discussion, the Commissioners concurred that curbs and gutters should be re- moved from the ordinance. They further stated support for the creation of maintenance districts for the repair and maintenance of the curbs and gutters rather than passing those costs on to the general taxpayer. Commissioner Goehrung noted it is the City's intention to maintain the sidewalks in good repair; and he does not feel this ordinance will create a substantial liability to the property owner. Commissioner Martel asked how many claims the City or its insurer have paid in past I years. City Attorney Becker stated that he is aware of only one sidewalk claim in the past two years. Commissioner Hawks asked if trees could be included in this ordinance. The City Attorney indicated he researched that issue and does not feel it can be includ- ed. He stated that liability lies with who put the tree there. He noted that the boulevard be- longs to the City; however, the trees are usually planted by the adjacent property owner for landscaping purposes. 09-19-88 423 City Manager Wysocki briefly reviewed the revisions to be made, indicating the revised ordinance will be submitted to the Commission for consideration at next week's meeting. Discussion - proposed revision to annexation policy City Manager Wysocki reminded the Commission that Commission Resolution No. 2617, which establishes the City's annexation policy, indicates that it is to be reviewed on an annual I basis. He noted the suggested addition would establish an application fee and asked if the Com- missioners wish to make any further changes. The Commissioners indicated they have no further changes to make at this time. The City Manager stated that he will ask staff for any comments during the upcoming week and will submit any suggestions for consideration at next week's meeting. Ordinance No. 1268 - Appropriation Ordinance for Fiscal Year 1988-89 City Manager Wysocki presented Ordinance No. 1268, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1268 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AP- PROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPER- ATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1989. The City Manager reminded the Commission that they have adopted the tentative ap- propriation ordinance and sUbsequently held a public hearing on September 6, 1988. He noted this appropriation ordinance is the same as the tentative appropriation ordinance and recom- mended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1268, the Appropriation Ordinance for Fiscal Year I 1988-89. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commission Resolution No. 2715 - Mill levy resolution for Fiscal Year 1988-89 City Manager Wysocki presented Commission Resolution No. 2715, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2715 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1988-1989. The City Manager indicated that the amounts to be levied under this resolution are the same as those set forth in the City Manager's recommendations. He noted that under this res- olution, the mill levy will be set at 127.17 mills; and each mill will generate $23,586 in revenues. He then recommended that the Commission adopt this resolution. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2715, establishing the mill levies for Fiscal Year 1988-89. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I Discussion - FYI Items City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. (1) A memo from Director of Public Service Phill Forbes indicating that he intends to lift the watering restrictions as of September 21. (2) Minutes for the Board of Adjustment meeting held on September 6, 1988. 09-19-88 424 Commissioner Hawks noted the first request for variance was for a satellite dish. He then asked if the City has addressed screening of those dishes within the city limits, suggesting maybe it should be considered. (3) The water use report for the week ending September 14, 1988. The City has ap- proximately 1,100 acre feet of water available in Hyalite Reservoir. The City Manager noted the existing level is probably the amount which will remain, since the winter water rights will become effective on September 30. I (4) A copy of the Order and Judgment for Contempt dated September 2, 1988, finding Virgil Jahnke in contempt of court. (5) The City Manager reminded the Commission of the tour of Lyman Creek, which is to be held at 10: 00 a. m. on Wednesday. He indicated that he will be discussing the souths ide project with the consulting engineer prior to that tour. (6) Commissioner Vant Hull asked that a tour of the Haynes Building be set for the Commissioners as soon as possible. The City Manager indicated he will arrange a tour after the building has been emptied. (7) Mayor Stiff announced that during the Montana League of Cities and Towns Con- ference held in Kalispell last week, the following were elected to office: Robin Sullivan was elected President and Joanne- Riley was elected Treasurer of the Montana Municipal Clerks, Treasurers and Finance Officers' Association; and City Manager Wysocki was re-elected to the Montana Municipal Insurance Authority. Also, Commissioner Vant Hull was re-appointed to serve as Di rector of District 10. He further noted that Commissioner Martel and City Manager Wysocki made a successful presentation to the Site Committee for the 1990 conference to be held in Bozeman. (8) Mayor Stiff requested that a discussion of the League conference be placed on next week's agenda. (9) Commissioner Hawks stated that he served as the Commission representative during the Constitution Week celebration held on Saturday afternoon in front of the County Courthouse. (10) Mayor Stiff reminded the Commissioners that the Commission meeting will be held I on Tuesday, October 11 due to the Columbus Day holiday. ( 11 ) Commissioner Goehrung distributed to the Commissioners information from the Leadership Bozeman seminar which he attended on Thursday. (12 ) Commissioner Goehrung distributed copies of a student profile for Commissioner review. (13 ) Commissioner Martel asked if a meeting with the Highway Department is still scheduled for this week; and the City Manager indicated it is. The Commissioner then noted that Director of Public Service Forbes is to receive a copy of the City of Missoula agreement for review. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receipt of request for annexation - Department of Fish, Wildlife and Parks - 21-52-acre tract in St, SW!, Section 11, T2S, R5E, MPM (old Fish and Game site on north side of Huffine Lane) Claims Proclamation - "Constitution Week" - September 17-23, 1988 It was moved by Commissioner Vant Hull, seconded Commissioner Martel, that the Commis- sion approve the Consent Items as listed above, and authorize and direct the appropriate per- sons to complete the necessary actions. 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 Adjournment - 8:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 09-19-88 425 Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission . I I 09-19-88