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HomeMy WebLinkAbout1988-10-31 477 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 31, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 31,1988, 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 (for the latter portion of the meeting) and Clerk of the Commis- sion 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 some of the Commissioners have requested that action on the min- utes of the regular meeting of October 24, 1988 be deferred for a period of one week. He then requested this item be placed on next week's agenda. Continued discussion - re uest for clarification of condition for a roval of Southwood PUD - lair Daines City Manager Wysocki submitted to the Commission a memo from City Attorney Becker ad- dressing the question raised by Commissioner Vant Hull at last week's meeting. He stated that the memo indicates that the intent statement made in the developmental guidelines is construed as a general statement, noting that had been considered in his original recommendation. The City Manager stated the City Attorney has reaffirmed his recommendation on this item. Commissioner Vant Hull noted that the developmental guidelines indicated that the subject site is to be landscaped in a manner to maintain the natural setting of the area. She stated that I she reviewed the site with that purpose in mind and, although it is not in its original state, it does look natural. She then indicated a desire to ensure that trees are replanted in the park area; however, she recognizes that is a separate issue. Commissioner Goehrung noted that at last week's meeting, the Planning Director indicated the staff has the oversight authority to ensure that the trees survive for the initial period of time. Planning Director Epple concurred. He noted one requirement is that the vegetation re- main viable for a specified period of time; and the staff does have oversight to ensure that is met. Commissioner Goehrung concurred that at the present time, the development does have a natural setting. He expressed concern, however, that the landscaping is done with basically one single species of tree; and a disease could destroy a majority of them. He then asked if the Commission could ensure the current density of trees or if the specified 62 would govern in the replacement process. City Manager Wysocki indicated that the specified number of 62 would govern. Mayor Stiff asked Clair Daines if he is willing to maintain the existing number of trees within the development, since more than 100 trees have been planted within the landscaped areas. Mr. Daines stated that, generally speaking, he does not have a problem with the number of trees that have been planted to date. He noted that, specifically, it may be difficult to re- I place a single tree that may die. Commissioner Hawks noted the City Attorney has indicated that the specific statement is to prevai I in this type of situation. He stated that the Commission has been requested to clarify the difference in general and specific statements; and to require that the existing number of trees be maintained is not an option at this time. City Manager Wysocki concurred in the City Attorney's recommendation that the Commis- sion determine that the specific number of 62 quaking aspen trees be the controlling guideline. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission determine that the specific guideline prevails; therefore, the guidelines established 10-31-88 478 on the final plat must be observed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1269 - amendin Rule 6-8 of Ordinance No. 1077, as codified in Section 13.12.360 of the Bozeman Municipal Code, requiring customer to pay water meter cost for remote rea rng attachment for new meter or replacement of service or meter City Manager Wysocki presented Ordinance No. 1269, as prepared by the City Attorney, I entitled: ORDI NANCE NO. 1269 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING RULE 6-8 OF ORDINANCE NO. 1077 AS CODIFIED BY SECTION 13.12.360 (FORMER CODE SECTION 10.04.030) OF THE BOZEMAN MUNICIPAL CODE REQUIRING CUSTOMER TO PAY WATER METER COST FOR REMOTE- READING ATTACHMENT FOR NEW METER OR REPLACEMENT OF SERVICE OR METER. The City Manager reminded the Commission that this ordinance provides that the costs of a remote reading device may be paid over a 90-day period. He then noted this ordinance was provisionally adopted at the October 3 meeting and recommended that it be finally adopted at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Ordinance No. 1269, amending Section 13.12.360 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Ordinance No. 1271 - amendin Section 18.46.040 of the Bozeman Munici al Code b those permitted uses in the R-2 istrict not exceeding 24 feet in height and amending Section 18.52. 140( I) by adding those conditional uses in the R-2 District, including planned unit de- velopments not exceeding five units per acre I City Manager Wysocki presented Ordinance No. 1271, as prepared by the City Attorney, entitled: ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTION 10 OF ORDINANCE NO. 1224 AS CODIFIED BY SEC- TION 18.46.040 OF THE BOZEMAN MUNICIPAL CODE BY ADDING AS PERMITTED USES THOSE USES PERMITTED IN R-2 DISTRICTS NOT EXCEEDING 24 FEET IN HEIGHT AND AMENDING SECTION 12 OF ORDINANCE NO. 1224 AS CODIFIED BY SECTION 18.52.140(1) OF THE BOZEMAN MUNICIPAL CODE BY ADDING AS A CONDITIONAL USE THOSE USES ALLOWED IN R-2 DISTRICTS INCLUDING PLAN- NED UNIT DEVELOPMENTS NOT EXCEEDING FIVE UNITS PER ACRE. The City Manager reminded the Commission that this ordinance enacts a previously ap- proved zone code amendment. He noted that under this amendment, stick built homes meeting specific criteria would be allowed within the R-MH, Residential--Mobile Home, District. He then reminded the Commission that this ordinance was provisionally adopted at the October 17 meeting and recommended that it be finally adopted at this time. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission finally adopt Ordinance No. 1271, amending Sections 18.46.040 and 18.52.140(1) of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2728 - sidewalk policy I City Manager Wysocki presented Commission Resolution No. 2728, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2728 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ESTABLISHING A POLICY GOVERNING THE DESIGN, IMPLEMENTATION, CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY OF BOZEMAN, MONTANA. The City Manager briefly reviewed the changes that were made as a result of the October 10-31-88 479 17 discussion of this policy. He noted that under the implementation policy, No. 1 was revised to allow for pedestrian ways through the specified zoning districts in locations other than ad- jacent to the street. Also, economic impact has been reflected on the last page of considera- tions. Commissioner Hawks noted No. 2 has been revised to allow for installation of sidewalks on one side of the street, upon petition by 100 percent of the property owners involved. I Commissioner Martel stated he still has concern with No. 1 under the implementation pol- icy. He noted that PLJ property often attracts pedestrians; and he feels those parcels should not be exempted from this policy. He indicated that an adequate internal pedestrian system may be acceptable; however, he stated that in the absence of that system, a perimeter sidewalk sys- tem should be required. The City Manager stated that when the Commission orders installation of sidewalks in an area, if the PLJ-zoned property does not have an adequate internal system, the standard side- walks will be required. City Manager Wysocki noted that the Commission has indicated its desire to conduct a public hearing on this policy. He then recommended that the Commission provisionally adopt Commission Resolution No. 2728, and set the public hearing for November 21, 1988. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Commission Resolution No. 2728, and set the public hearing for November 21, 1988. 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. Discussion - mill levy for new pumper truck for Fire Division City Manager Wysocki stated that one of the issues on the November 8 ballot is a special voted mill levy of up to 3 mills for each of two years for the purpose of purchasing a new pumper truck for the Fire Division. He indicated that if this mill levy is approved, the City will I probably seek a loan through the INTERCAP program administered through the Department of Commerce, with repayment to be made from the mill levy monies. The City Manager stated that if approved, the additional levy will be billed in November 1989 and November 1990. He reminded the Commission that the new ladder truck was recently purchased in the same manner, with the additional levy being billed in November 1986 and November 1987. City Manager Wysocki stated that the City proposes to generate $70,000 for each of two years to cover the costs of this piece of equipment; however, the actual levy will be based on the costs incurred. He reminded the Commission that, although approval for the ladder truck was up to 8 mills, neither levy was over 7 mills. He further indicated that the existing pumper truck will probably be sold to a smaller community, where the demand will be much less than it is here. Commissioner Vant Hull asked if there has been any publicity on this requested mill levy. City Manager Wysocki stated that representatives of the Fire Department have made pre- sentations when requested to do so. Commissioner Goehrung noted that under this proposed mill levy, the Fire Department will purchase a second major piece of equipment in a three-year period; however, replacement of other pieces of equipment should not be necessary for some time. He noted that the Commission should consider future replacement of these items in a timely manner and on a planned time- frame. I Proposal for beautification of Bozeman City Manager Wysocki stated that Commissioner Hawks had requested this item be placed on the agenda. Commissioner Hawks submitted to the Commission a proposal for a beautification program in Bozeman, to be initiated and operated through a standing committee appointed by the Commis- sion. He noted this proposal is very complex and has not yet been undertaken, even though it was established as a high priority goal for this fiscal year. He suggested that appointment of a standing committee, comprised of eight to ten individuals with expertise in specified areas, could help in the process. He indicated a desire to develop a unified beautification program that 10-31-88 480 would address the entryways, the entire community, and possibly the surrounding perimeter areas as well. Commissioner Hawks stated that under this proposal, the standing committee would be ap- pointed to initiate the process. The committee would then be retained, being reviewed and re- appointed on an annual basis, to create a permanent framework for perpetual beautification pro- jects. The Commissioner stated that the proposed committee would be advisory to the Commis- sion. I Commissioner Hawks then characterized the committee as a "think tank. II He noted that to be effective, the committee should be comprised of individuals who can work well together, with representation to include landscape architecture, architecture, nursery, development, planning or zoning, cultural affairs, tourism, specified business districts and the jurisdictional area. Commissioner Hawks stated that he feels that a beautification effort should be undertaken at the beginning of the Centennial year, with projects being carried out through the year. He suggested that proposed projects could include a fifth year studio class in urban design at MSU; and an MSU class working on an inventory of the tree stock in the community and establishing a value thereon. He noted that the American Forestry Association has developed a format for beautification programs in cities, which could be helpful. He then suggested that this type of program should possibly be addressed through the Zone Code, since the public health, safety and welfare are a part of the issue. Commissioner Hawks suggested that to accomplish beautification projects may require ex- pansion of the Parks Department. He also suggested that volunteer efforts could also be a part of the program. He noted that short-term and long-range projects would be addressed under this unified program. He suggested that North 7th Avenue would be a high priority in the pro- gram. He also stated that development of a master plan for parks is important, since they are an amenity which must be preserved and enhanced. Commissioner Hawks then submitted to the Commission a list of individuals who would be willing to serve on the committee, noting that they would represent those areas of expertise which he has suggested. He indicated that this committee, as proposed, should have little im- I pact on the staff, except as resources of information. Commissioner Vant Hull indicated support for the proposal. Commissioner Martel stated support for the concept. He questioned, however, the scope of the proposal and how the work is to be accomplished. He noted the proposed composition of the committee seems to be good, asking when that group would begin its work. Commissioner Hawks indicated that he would anticipate the committee could complete its work some time in January. He suggested the committee could possibly have some projects plan- ned, with work to begin in the spring. He noted there are individuals in the community who are willing to work on those projects as soon as they can be started. He then stated there are individuals who are also willing to help fund some of the projects, so funding of the initial pro- jects may not be a problem. Commissioner Martel suggested that donated equipment and manpower could also help to limit the amount of funding needed for this type of project. Commissioner Goehrung stated it is important for someone to take a leadership role in this effort. He then noted that the ad hoc sign committee has been reviewing possible inclusion of aspects of landscaping as a part of the proposed sign ordinance. Mayor Stiff noted there are many problems with the city's alleys and intersections, as well as weeds on vacant lots. He indicated that the Chamber is currently promoting tourism, with many people supporting that effort. He then stated he remembers North 7th Avenue as a tree- lined street, which is much different from today's street. He noted that the beautification issue should be addressed; however, he questioned whether it can be adequately addressed at this I time. Commissioner Hawks stated that one of the primary goals of this type of program is to elevate community awareness. Mayor Stiff noted that he recently returned from a trip which included stops in California and Washington. He indicated that Bozeman ranks high in its appearance with many communities in those states. Commissioner Hawks stated that the proposed beautification program would help to address the total community, rather than approaching this type of effort on a piecemeal basis. 10-31-88 481 Mayor Stiff expressed concern about delegating this type of responsibility to a committee. Commissioner Hawks indicated the committee would only be advisory, submitting its sug- gestions to the Commission for consideration. He noted that this will provide the Commission with expertise and support in dealing with this type of program. Commissioner Goehrung suggested that some concerns about landscaping requirements could be addressed during revision of the Zone Code. I Commissioner Hawks once again stated it is important to raise the community's conscious- ness. He noted that unless people expect more than what we have and do something to attain it, the community will never improve. Mayor Stiff asked what is to be addressed next fiscal year under this proposal. Commissioner Hawks stated that coordination of funding that might be generated will be one of the primary items. He noted that projects for beautification of North 7th Avenue, includ- ing possible planting of trees and installation of sidewalks, should also be undertaken. He noted the City does not have any significant funding to contribute to this type of project; however, there are other sources of monies available. Mayor Stiff cautioned the City must be careful in its use of volunteers. He noted that coordination of volunteer efforts can cause the need to hire someone to coordinate them. Commissioner Hawks stated that he feels beautification may become a part of the budget. He noted that effort must be made to maintain the aesthetics of the community; and he feels that residents are willing to make that commitment. Commissioner Martel suggested that a "Bozeman beautification booster club" could imple- ment some of the beautification projects. He noted that projects must be prioritized, since they cannot all be accomplished at once. He stated this type of approach might generate enthusiasm throughout the community. Mayor Stiff stated that he feels a monetary commitment from the City will be required to make this a viable endeavor. City Manager Wysocki indicated that the proposed committee could provide valuable input I for Commission consideration. He suggested that the committee could be required to develop a fiscal note for any project it proposes to aid in the decision-making process. He then concurred with the Mayor that a weed problem does exist within the community. He then reminded the Commission there is one weed control officer hired by the County; and he cannot accomplish all of the work. He noted that a major tree trimming project is needed in the community; and that involves major expenditures. Ms. Daria Joyner, Executive Director of the Chamber of Commerce, stated that a few years ago, the Chamber was interested in a beautification project for the entryways to the city. She noted, however, that it did not fit into the overall conceptual plan at that time and was not successful. She stated that people become enthused with this type of project; and she feels it would be possible to raise monies privately. She noted that individuals have struggled in trying to find a centennial project for next year, seeking a project which will have a lasting effect; and they may be interested in promoting this type of project. Ms. Joyner then stated she is person- ally interested in this proposal and would be willing to spend administrative time on the project to alleviate some of the load in City personnel. Commissioner Goehrung noted that beautification projects, such as tree planting, could have long-term effects on items such as the water system. He suggested that the City should be sure there is adequate water to maintain landscaping and trees, or that wells should be dug if there is not. Commissioner Hawks suggested that this item be placed on next week's agenda for possi- ble formation of a committee to begin work on the project. I Mayor Stiff expressed concern about taking action on an item so quickly when this is the initial discussion. He suggested this item not be placed on the agenda for action until the Com- missioners have had an opportunity to review the proposal more fully. Commissioner Hawks indicated a desire to appoint a committee as quickly as possible so they have an opportunity to develop a proposal prior to next spring. Mayor Stiff requested that this item be placed on next week's agenda. He then asked that staff submit any comments concerning areas in which they are addressing beautification efforts. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- 10-31-88 482 mission discuss this item further, anticipating it will result in initiating the proposed standing committee. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Planning Director Andy Epple submitted to the Commission a memo concerning this propos- al. He noted that in several instances, the conditions imposed on Conditional Use Permits issued a few years ago have not been met. He noted that in some instances, the conditions for land- I scaping were met but have since been paved over. The Planning Director then asked if the Commission wishes the staff to contact those in violation of the conditions that the asphalt must be removed and landscaping installed. He noted that is a difficult step to take; and the staff needs the Commission firmly behind them before taking such action. Commissioner Martel asked if most of the problems arose due to lack of enforcement of the regulations. Planning Director Epple stated that at one time, there was a lack of communication be- tween the Planning Department and the Bui Iding Inspection Division; and that resulted in the Building Inspection Division issuing building permits without the applicant completing the condi- tions imposed through the conditional use process. He noted that recent reorganization of those functions has eliminated that problem; and those issues are now being addressed. City Manager Wysocki noted that most individuals are not aware that to modify the condi- tions of a conditional use permit requires seeking an amendment to those conditions. He then concurred that this issue must be addressed. Break - 3:22 to 3:28 p.m. Mayor Stiff declared a break from 3:22 p.m. to 3:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - possible increase in dog license fees City Manager Wysocki stated that Commissioner Vant Hull had requested this item be plac- I ed on the agenda. He noted that her memo was included in the packet. He noted that Commis- sioner Goehrung distributed a memo just before the meeting; and he had distributed a listing of license fees charged in various communities throughout the state. Commissioner Goehrung stated that a recent conversation with the Humane Society reveal- ed that less than 20 percent of the dogs taken to that facility have licenses. He noted that when a stray is taken into the shelter, they are required to release the dog to the owner upon payment of the boarding fees. He stated they encourage the owners to go to City Hall to pur- chase a license but have no authority to require it. He noted that when the Animal Control Of- ficer takes a dog to the Humane Society, she may write a citation for no license, which generally results in a license being purchased. Commissioner Goehrung then suggested that the City may wish to consider allowing the Humane Society to sell licenses, possibly retaining a portion of the revenues. He noted this could increase the number of dogs licensed without increasing the workload on City staff. He indicated the staff at the Humane Society is willing to accept that responsibility. He suggested that such an outlet could be supplemental or in place of sale of licenses at City Hall. Commissioner Vant Hull noted that City Hall is more centrally located and is open more hours than the Humane Society. She indicated a willingness to consider supplemental sales at the Humane Society, but not for all sales through that facility. The Commissioner noted that West Yellowstone was not included on the list of cities just distributed; however, they recently adopted a $50 dog license fee. She noted that her proposal of a $25 I icense for unspayed and unneutered dogs and $10 for spayed and neutered dogs is higher than most of those listed; how- I ever, it remains less than Livingston and West Yellowstone. She also suggested the possible elimination of breeding kennels within the city limits, except those which are grandfathered. Commissioner Hawks asked about possibly establishing two-year licenses, like the City of Missoula has. Commissioner Vant Hull noted that her memo and Commissioner Goehrung's memo contain several questions which the Commission must address prior to making a decision on this issue. City Manager Wysocki stated that if the revised license fees are to be effective as of 10-31-88 483 January 1, the appropriate documents must be prepared and adopted prior to the end of Nov- em be r . He noted the remainder of the issues may be addressed at a later date. Commissioner Martel suggested the possibility of licensing cats and other pets, such as ferrets. Commissioner Goehrung noted that enforcement can become a problem, especially since many people don't want to put collars on their cats. He then suggested that a registration for I cats, similar to the bicycle registration, could be helpful. The Commission concurred that a registration fee should be established for cats. Discussion - formation of street maintenance district(s) City Manager Wysocki noted that an outline for discussion, as prepared by Administrative Services Director Gamradt, was included in the packets. He then asked the Administrative Ser- vices Di rector to review that outline. Administrative Services Director Gamradt reviewed objectives for the creation of a street maintenance district, which include expansion of maintenance services and decrease in demand on the general fund monies. He stated that to create a street maintenance district and decrease property taxes an equal amount would not accomplish anything while expending a substantial amount of effort and hours. He indicated if that is the objective, creation of a district should not be considered. He suggested that the additional monies for this type of activity could be utilized to expand maintenance to include some of those items in which the Commission has shown interest, such as a tree maintenance program. He also suggested that a sidewalk snow removal program could be resurrected. The Administrative Services Di rector stated that at the present time, approximately $160,000 in general fund monies are utilized in the Street Department. Administrative Services Director Gamradt suggested that two separate districts be creat- ed, one for the business district and one for all other areas within the city limits. He noted this is the process which was followed in Helena; and it seems to have worked successfully over the past five years. He noted that one item to be addressed during creation of the districts is I the method of assessment, for which four alternatives are available: ( 1) a rea, (2) frontage, (3) per lot, and (4) taxable value. He stated that Helena uses the area option, assessing on a 150- foot depth for a I I lots. The Administrative Services Director then reviewed the process which must be followed for establishment of a district. He noted that this step requires the most amount of work for creation of the district. He indicated that once the method of assessment has been determined, data must be gathered on every parcel within the city limits. He noted that the task will prob- ably be easier in the newer subdivisions than in the older sections of the community. He sug- gested this project should be contracted, since the City staff does not have adequate time to complete such a task. Administrative Services Director Gamradt stated that billing of the costs may be billed in advance, based on estimated costs, or billed in arrears, based on the actual costs incurred. He suggested that billing in advance may be the better of those options. He then indicated that if the data can be gathered in a short period of time, the creation of street maintenance districts would be completed in time for inclusion on next year's assessment billing. The Administrative Services Director stated there are several potential problem areas which must be addressed during creation of street maintenance districts. He noted those may include undeveloped parcels, Montana State University property, federal property, city prop- erty, Story Hills Subdivision and state-maintained streets. He indicated that under State law, federal properties are to be included within a district for assessment purposes; however, the City is responsible for payment of those assessments. He noted that in Helena, some of the fed- I eral properties have entered into an agreement for payment-in-lieu; and that may be an option locally. Mr. Gamradt suggested that work within the maintenance district may be more extensive than can be accomplished by the City staff and equipment; therefore, a portion of the work may be contracted out. He then reminded the Commission that delinquencies will occur in assessment of these costs, which the City will be required to support through its general fund revenues. Commissioner Hawks asked if churches may create a potential problem area. The Administrative Services Director indicated they would be assessed as a part of the district. He noted they may submit complaints; however, there is no statutory prohibition 10-31-88 484 against assessing the proportionate costs of maintenance to their properties. Commissioner Vant Hull suggested that two objectives be added to the list: (1) spreading of costs of street maintenance over the people who use the streets, and (2) expansion of the revenue base to counter potential loss of property tax revenues in the future. The Commis- sioner noted that every other major city in Montana, and many of the smaller ones, have estab- lished street maintenance districts; and she feels Bozeman should do so as well. Commissioner Martel stated he feels the City must investigate creation of a maintenance I district. He suggested that, in addition to street maintenance, sidewalks, trees and parks should also be considered. He noted that gathering the information for creation of maintenance districts will be the major part of this process. He suggested after that is done and the dis- tricts are created, the items covered within those districts may be increased slowly. Commissioner Goehrung suggested that the staff review the methods which have worked in other communities prior to creation of maintenance districts locally. Mayor Stiff expressed concern that creation of a maintenance district will add another as- sessment to the residents. He noted that some entities will be assessed under a maintenance district that do not pay property taxes; however, this assessment will mean an additional cost to most individuals. Commissioner Vant Hull stated there are a substantial number of tax exempt properties that would be required to pay the assessment for a maintenance district. Commissioner Hawks stated that to create a maintenance district will broaden the base. He suggested that the property tax could be decreased in an amount equal to the current bur- den on taxpayers. He noted that assessments spread throughout the maintenance district would create additional revenues because of the tax exempt properties; and those monies could be used for expansion of services. The Commissioner then expressed support for assessment on a per lot basis, since each parcel has access to the City's streets. City Manager Wysocki cautioned that some lots are much larger than others, noting they may have more impact on the streets. He noted that if the Holiday Inn is located on one lot, it would have much more impact than a single-family residence. I Commissioner Hawks indicated that a modifier would be required to address equity of as- sessment on a per lot basis. He noted that such a modifier could be applied to planned unit de- velopments and apartments. Commissioner Vant Hull asked which assessment method the staff supports. Director of Public Service Phil! Forbes stated that inequities exist in all assessment methods. He stated that he does not support the per lot or taxable value methods. He indicat- ed support for the frontage method, however, he noted that inequities are involved in that pro- cess as well. He suggested that area is also an alternative; however, gathering adequate data for that method could be difficult. Mayor Stiff questioned whether the City would be in any better financial position after creation of a maintenance district if the property taxes were reduced in an amount equal to the assessments. Commissioner Vant Hull concurred there is no reason to create a maintenance district if the revenues from that source are to be utilized as a replacement for general property tax rev- enues. She noted one objective of a maintenance district is to improve the streets and traffic patterns; and revenues are necessary to meet that objective. The Commissioner then cited an article in the Bozeman Daily Chronicle several years ago entitled "City called on to build streets to avert traffic mess. II She noted action has not yet been taken; however, it must be addressed prior to entering the 21 st centu ry . Commissioner Martel stated he does not feel it is fair to the taxpayers to implement a maintenance district to fund street maintenance and not lower the general tax levy. I City Manager Wysocki asked how the additional maintenance items in which the Commission has shown interest are to be funded if this type of mechanism is not implemented in addition to the existing revenues. Commissioner Goehrung stated he feels that residents would be willing to pay a street maintenance assessment, since those monies would be earmarked and they could see the result. He noted that the additional monies would give the City an opportunity to address those im- provements which the Commission has indicated need to be addressed. The City Manager reminded the Commission that there are areas in the community where 10-31-88 485 improvements have not yet been made, such as paving of streets. He noted it may be necessary to grade those streets under a maintenance district more often than is currently being done. He noted that the Director of Public Service has also suggested that Story Hills may be a problem area for street maintenance, indicating that area should possibly not be included within a street maintenance district. The City Manager then suggested that the implementation of maintenance districts should I possibly be done slowly so that any problems incurred can be addressed before additional main- tenance projects are undertaken. Mayor Stiff noted that hydrant districts have not been addressed. He suggested that after the initial maintenance districts have been created, this type of district should possibly be considered to help address some of the problems incurred in the enterprise funds. Commissioner Hawks noted the previous discussions revealed that trees and sidewalks may not be included in a street maintenance district. City Attorney Becker stated that the definition of maintenance districts in the statutes refers to those items which are utilized in street maintenance, such as chip sealing and overlay. He indicated that he does question whether sidewalks and trees may be included in a maintenance district under the statutory provisions. City Manager Wysocki suggested the possibility of establishing special purpose mainte- nance districts under the existing statutes. Mayor Stiff noted that if maintenance is expanded to include curb replacement and tree trimming, those projects could easily wipe out the general fund monies which would be freed up through establishment of the districts. He then cautioned that the Commissioners must be aware of the public perception when adding an amount to existing taxes. Administrative Services Director Gamradt stated that to implement a street maintenance district which would generate $250,000 in revenues annually would result in an increase of $20 on a $50,000 house and $28 on a $70,000 house. Commissioner Vant Hull requested that the information gathered at the League convention I on Helena's districts be submitted to Commissioner Goehrung and Commissioner Hawks, since they were unable to attend. City Manager Wysocki suggested that someone from Helena be requested to appear before the Commission to respond to questions concerning their program. Commissioner Hawks asked for an estimate on the front-end costs, based on the four al- ternatives for assessment, for establishment of a district. He also asked if the amount of time required could also be estimated. Mayor Stiff requested that the staff pursue the possibility of having someone from Helena attend a Commission meeting as soon as possible to address this issue. Discussion - sidewalk liability City Manager Wysocki submitted to the Commission a memo dated October 31 along with a copy of his memo dated September 13, which was previously submitted. He noted that the memo of October 31 states the questions which were posed to insurance agents, along with the re- sponses thereto. Commissioner Hawks stated that he and Commissioner Goehrung received a letter from Mr. Walter Connell, attorney, stating opposition to this proposal; and he has distributed copies to the Commissioners for their information. Commissioner Martel asked if adoption of the ordinance transferring liability to the prop- erty owners will result in a reduced insurance premium for the City and whether the insurance premium will increase if it is not adopted. I City Manager Wysocki stated that at the present time, there will be no change in the in- surance premium in either case. He stated the Board of Trustees for the Montana Municipal I n- surance Authority will be addressing the question of whether there is any recourse when a mem- ber city fails to implement a recommendation from the insurance carrier. He expressed concern about having all member cities being exposed unnecessarily due to non-compliance of one city. Commissioner Martel stated that he has reviewed his homeowner's policy, and the coverage is limited to on-premises. In response to a question from Commissioner Vant Hull, Commissioner Martel indicated that he has not contacted his insurance agent regarding the issue. 10-31-88 486 Commissioner Hawks stated that from Mr. Connell's letter, if the Commission adopts the proposed ordinance, the City will be challenged. He suggested that any adoption of the ordi- nance must be preceded by adequate legal review to ensure the City's position. Mayor Stiff cautioned that the Commissioners must consider their liability in this type of situation, particularly when considering an action which is contrary to legal advice. The Mayor then expressed concern about receiving a copy of a letter such as the one from Mr. Connell just prior to the meeting at which it is to be discussed. I Commissioner Hawks questioned a Commissioner's liability if he makes a decision based on all of the information before him, whether that decision is contrary to staff recommendation or not, so long as that decision is based on good information. City Manager Wysocki cautioned the Commission about making a decision based on unso- licited information which is contrary to staff input. Commissioner Vant Hull asked for the City Attorney's opinion of Mr. Connell's letter. The City Attorney stated he has only briefly skimmed the letter during a conversation with Com- missioner Goehrung; and he does not have a copy of the letter. Mayor Stiff asked about the existing insurance coverage on Commissioners. City Manager Wysocki indicated he will research that item. He then cautioned the Com- missioners once again about making a decision contrary to recommendations from the staff or the insurance company. Mayor Stiff requested that this item be brought back for further discussion in two weeks, after City Attorney Becker has had an opportunity to review Mr. Connell's letter. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your I nformation" items. (1) Notice of the Governmental Affairs Committee activities for the month of November. (2 ) An invitation to the Reach group home shower to be held on Saturday, November 19, at the Senior Center. I (3) A memo from the Cemetery Board dated October 11, asking the City Commission to enact an ordinance prohibiting dogs in the cemetery. (4) Minutes of the Board of Adjustment meeting held on October 3, 1988. (5) Minutes of the ad hoc sign committee held on Wednesday, October 26, 1988. (6) Commissioner Hawks submitted to the Commission copies of an article in the High Country News. (7) The City Manager indicated he has received a telephone call concerning posting of handbills, which was just recently discussed by the Commission. He suggested an ordinance re- vision may be necessary to address this problem. (8) The City Manager indicated that he attended the I CMA Conference held last week in Charlotte, North Carolina. He briefly highlighted the seminars which he attended, including major challenges for managers into the 21st century, public/private partnerships, citizen advi- sory boards and thei r effectiveness, selection of a chief of police, solid wastes recycl ing, and cultivating leadership among staff members. (9) Mayor Stiff reminded the Commissioners of the reception to be held for Jay Warwick on Sunday afternoon. (10) Mayor Stiff stated he has talked with the Street Superintendent about leaf pick-up and the problems that can occur with parked cars. ( 11) Commissioner Martel stated he has received a telephone call concerning the ordi- nance recently adopted requiring that all loads to the landfill be covered or in covered contain- ers. He suggested that the gatekeepers should exercise some discretion when the load, such as I old tires, obviously won't blowout. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Children's Book Week" - November 14-20, 1988 Re uest for ermission to close Main Street for Christmas Stroll - Frida , December 2, 1988, 5:30 p.m. to 9:30 p.m. - rom ouse Avenue to 5th Avenue Application for Gaming License - 4B's Black Angus, 520 West Mendenhall Street - three electronic keno machines - through June 30, 1989 10-31-88 487 Claims It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. I Adjournment - 5:22 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. 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. ALFRED M. ST I FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 10-31-88