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HomeMy WebLinkAbout1987-02-17 090 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 17, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 17,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mi nutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of February 9, 1987, as amended. The motion carried by the: following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Continued discussL~_:_s_~~_t~_s of re9..~_t..~ fo!,_ in~.!~IJ~!~o_n of stop- signs along ~!~t Koch__St!:!:et City Manager Wysocki stated the Commission had requested this item be placed on the agenda. Mayor Mathre noted the Commission had begun discussion on this item at last week's meeting and had requested that staff be present to respond to questions. She reminded the Commissioners that the main question raised was why the recommendation is to wait until side- walks have been installed to designate West Koch Street as an arteria' street. The City Manager reminded the Commissioners that the Commission had previously deter- mined that sidewalks should be installed before designating West Koch Street as a through street. He noted that the Pedestrian/Traffic Safety Committee had reviewed the issue and I concurred in that conclusion, indicating that to have pedestrians walk in the street would create a conflict with the additional vehicular traffic which will be incurred on a through street. The City Manager then reminded the Commission that the sidewalk program has been established that would require the installation of sidewalks along the north side of West Koch Street from South 15th Avenue to South 23rd Avenue; and that program will be implemented within the next few months. City Manager Wysocki noted that West Koch Street from South Willson Avenue to South 23rd Avenue has been targeted for arterial street designation, with stops at South 8th Avenue, South 11th Avenue and South 19th Avenue. He suggested that if the Commission wishes, it could designate that entire portion of the street as a through street but implement the designation in phases. He indicated the first phase could be from South Willson Avenue to South 11th Avenue:, since sidewalks are already located along both sides of the street; and that portion from South 11th Avenue to South 23rd Avenue could be implemented in a second phase after the sidewalk construction program has been completed this summer. Commissioner Jordan and Commissioner Martel indicated an interest in designating West Koch Street as a through street at the present time, rather than waiting until sidewalks have been installed. Commissioner Stiff stated he supports the original Commission action and feels that the through street designation should wait until after the sidewalks have been installed. He noted that decision was made after careful consideration; and he does not feel it should be changed at this time. He then asked if designating the street as a through street will put the City in a I position of less liability than it currently incurs. The City Manager stated that he feels in this situation, the City would be recognizing existing problems and attempting to address them. He then indicated he feels that the liability will not change if the sidewalks are installed before the through street designation goes into effect. Ms. Ellen Ornitz, 921 West Koch Street, noted that she recently submitted a letter to the Commissioners after being hit, while cleaning her sidewalk, by a car ricocheting from an inter- 02-17-87 ~- Ll81 section accident. She reminded the Commission that she, as well as other residents in the area, has been trying to get stop signs installed because people currently travel along West Koch Street as if it were a through street. Mayor Mathre noted it is the consensus of the Commission that West Koch Street should be designated as a through street; however, the question of when it should be so designated is receiving a varied response. The Mayor then suggested that the Commission direct the staff to I prepare an ordinance designating West Koch Street as a through street; and the timing for implementation can be determined when the ordinance is adopted. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize and direct the staff to draft an ordinance designating West Koch Street from South Willson Avenue to South 23rd Avenue as an arterial street, except for stops at South 8th A venue, South 11 th A venue and South 19th A venue. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Stiff. provide for treet City Manager Wysocki presented Ordinance No. 1231, as prepared by the City Attorney, entitled: ORDI NANCE NO. 1231 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 10.20.020 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR ONE-WAY STREET DESIGNATIONS IN THE CITY OF BOZEMAN. The City Manager reminded the Commission that the subject alley is located behind the Lewis and Clark Motel. He noted that this Ordinance accommodates one of the conditions for approval of the Conditional Use Permit to allow a bar in the basement of that structure. He I then recommended that the Commission provisionally adopt Ordinance No. 1231 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1231, amending Section 10.20.020 of the Bozeman Municipal Code to include the subject alley, 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 Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Ordinance No. 1229 - Appropriation Ordinance for the Capital Improvement Program for Fiscal Year 1986 87 City Manager Wysocki presented Ordinance No. 1229, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD JULY 1, 1986 THROUGH JUNE 30, 1987. The City Manager reminded the Commission that the public hearing was held on the Tenta- tive Appropriation Ordinance on February 2, 1987. He then recommended that the Commission finally adopt Ordinance No. 1229, which is the same as the Tentative Appropriation Ordinance. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission I finally adopt Ordinance No. 1229, the Appropriation Ordinance for the Capital Improvement Program for Fiscal Year 1986-87. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1230 - Appropriation Ordinance for the Energy Conservation Capital Improvement Program for Fiscal Year 1986 87 City Manager Wysocki presented Ordinance No. 1230, as reviewed by the City Attorney, entitled: 02-17-87 092 ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSER- VATION CAPITAL IMPROVEMENT PROJECT ITEM EXPENDITURES FOR FISCAL YEAR 1987, The City Manager reminded the Commission that the public hearing was also held on this Tentative Appropriation Ordinance on February 2, 1987. He then recommended that the Commission finally adopt Ordinance No. 1230, which is the same as the Tentative Appropriation Ordinance. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1230, the Appropriation Ordinance for the Energy Conservation Capital Improvement Program for Fiscal Year 1986-87. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Appointment to Historic Preservation Advisory Coml!!isslon (Cooper Park representative) City Manager Wysocki stated the Clerk of the Commission has submitted to the Commission a memo listing the two applicants for this position. He then stated that Historic Preservation Officer Marcia Elkins has reviewed the two applications and found that neither applicant resides within the Cooper Park district. He suggested that the Commission may wish to seek additional applications prior to making an appointment. Mayor Mathre indicated she will contact Mr. Don McLaughlin, resigning member, and ask him to submit a list of persons who would be willing to serve on the Committee. Staff update - ideas for remedyin~ of bl!q9~t constraints for Fiscal Year 1987-88 City Manager Wysocki stated that Commissioner Stiff had r~quested this item be placed on the agenda. He then indicated that he is not prepared to submit any proposals for address- ing the budget constraints for next fiscal year; however, he feels the Commission should be aware of some of the legislative issues which may affect the budgeting process. I The City Manager noted that a bill has been introduced to change motor vehicle license fees, eliminating dependence upon the oil severance tax and replacing it with a fee based on the value of the vehicle. He noted that should create a more stable source of revenue and provide for possible expansion of that revenue. A bill has also been introduced to revise the licensing of video draw poker machines; and that bill could result in a substantial reduction in revenues to the City. The resort tax bill could provide some relief if Bozeman met the require- ments for implementation of a resort tax. The City Manager noted that bills providing for various local option taxes have been introduced; however, if the bills do pass, it will have no effect on next year's budget since they must first be approved by the voters. He then indicated another bill which may affect the City is a change in the SI D law, since that may impact the amount of monies to be levied for the SID Revolving Fund due to delinquencies. City Manager Wysocki noted that some local changes could also affect the budgeting process. He reminded the Commission that the business license ordinance is currently being reviewed; and any changes could change the amount of revenues from that source. The City Manager reminded the Commission that a portion of the Revenue Sharing Fund monies has been used to supplement the General Fund; and those monies are no longer available. He further noted that the $40,000 in unexpended Local Government Study Commission monies was infused into the current budget; and those monies will not be available again. Commissioner Stiff stated he had asked this item be placed on the agenda as a result of Mayor Mathre's memo listed under "FYI Items" at last week's meeting. He noted the sixth para- graph of that memo indicates that, "If the Commission is interested in urging him to continue to I discover ways to balance the budget under the circumstances, we must encourage him to do that." He suggested if the Commission must take action in that direction, it should do so immediately. Mayor Mathre noted it was her intent to remind the Commission of anticipated problems to be considered during the upcoming budget process and to begin discussion on the matter. She noted that the City will actually lose $330,000 in Revenue Sharing monies, not just the $75,000 appropriation in the General Fund operations budget. 'She then stated that she does not expect the City Manager to find new revenues, but rather to find savings in the operations of the City. 02-17-87 U93 Commissioner Jordan noted that the City Manager may submit p~oposals for ways to save money; however, the Commission must be willing to make the political decisions to save that money. City Manager Wysocki stated he feels it is in the City's best interests to make decisions on the areas where savings are to be generated during the budgeting process, since those decisions will involve people. I Discussion - use of baseball field at the Recreation Complex by the American Legion Baseball during upcoming season City Manager Wysocki stated that Commissioner Stiff had requested this item be placed on the agenda as the result of a letter sent to the American Legion Baseball by the Recreation Superintendent. He noted that Mr. Gary Wheeler is present to address the Commission on behalf of the American Legion Baseball. The City Manager stated that the Recreation Superintendent has had problems in communi- cating with the American Legion Baseball over the past two years, partially due to large turn- overs in personnel involved in the program. He noted that when the Commission approved the American Legion Baseball's request to allow advertising signs along the fence, it was with the stipulation that 25 percent of the revenues be remitted to the City to be placed in a fund for future relocation of the baseball field, He stated that efforts to gather those monies during the past two years have been unsuccessful. Also, the American Legion Baseball has been billed $50.00 each year for the past two years for water and sewer services at the Recreation Complex; and only the first year's payment was made. City Manager Wysocki reminded the Commission that the American Legion Baseball faced serious fiscal problems the past few years; but those are currently being corrected. He then stated that Mr. Wheeler has been responsive since the Recreation Superintendent sent the letter dated January 30, 1987, which prompted this item being placed on the agenda. He noted that on Friday Mr. Wheeler submitted a payment of $300.00 for the City's portion of the revenues I from the advertising signs, as well as a payment of $50.00 for this past year's water and sewer services. Commissioner Stiff noted that fund raising for the community's baseball programs has been consolidated and asked how that is progressing. He also asked how many families are involved in the baseball program. Mr. Wheeler stated that Bozeman Baseball, Inc., was created as an umbrella fund raising organization for the baseball programs, including Little League, Babe Ruth and American Legion; and that change has worked well. He noted that 400 to 500 families are involved in the three baseball programs. Commissioner Vant Hull asked if the American Legion Baseball is separate from the American Legion; and Mr. Wheeler indicated that it is. Commissioner Jordan noted that when the request to allow advertising signs was before the Commission, the Commissioners specifically stated that they did not want to see advertising for alcoholic beverages or tobacco products; and many of the signs do carry that type of advertising. The City Manager noted that the minutes from the February 25, 1985 meeting indicate a discussion on not allowing advertising for alcoholic beverages or tobacco products; however, that was not a part of the motion for approval, Commissioner Stiff indicated relief that the matter has been resolved. He noted that he had requested this item be placed on the agenda for discussion because he had attended a fund- raising function for the local baseball programs just after receiving a copy of the letter sent by I the Recreation Superintendent. American Legion Baseball representatives have indicated to him that if they were not allowed to use the baseball field at the Recreation Complex, the program would have to be eliminated because they have no alternative site. The Commissioner then encouraged the City staff to continue to work closely with American Legion Baseball, noting their representatives are willing to cooperate. Ms. Sue Harkin, Recreation Superintendent, stated that she has been trying to negotiate with various representatives of the American Legion Baseball program over the past two years. 02-17-87 091r' She then noted that there are othEr athletic groups who would like to use that field if the American Legion Baseball fails to meet its obligations under the usage agreement. The Commission thanked the staff for resolving this matter. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your I nformation" items. I (1) Copy of a memo from Director of Public Service Holmes to City Manager Wysocki ~ concerning the ASMSU transit system. He noted that the transit system has begun operation, and signing for the bus stops will be completed when the exact locations have been determined. (2) A letter from the Montana Department of Fish, Wildlife and Parks indicating that the City's application for the Land and Water Conservation Fund grant for $10,000 for Jarrett Park has been ranked second of the sixteen eligible applications and will be funded in early 1988. (3) Commissioner Vant Hull noted that she had sent a memo concerning the amount of City services provided to out-of-city residents to the Commissioners with a routing notation on the top but she has not yet received it back. She then requested that the memo be returned to her as soon as possible. (4) Commissioner Stiff noted that the Commissioners have received copies of a letter from Mr. Jonathan Anderson, City Taxi, indicating that he protests the business license fee and does not plan to pay it. The City Manager stated he plans to write a letter stating that he may protest the business license fee, but he must also pay that fee. (5) Commissioner Martel noted that the Commissioners received a letter from the Bozeman Police Protective Association concerning the management audit concept. B rea k - 3: 35 to 3: 47 ~~. Mayor Mathre declared a break from 3:35 p.m. to 3:47 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Executive session re litigation At 3: 47 p.m., it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission declare an executive session for the purpose of discussing strategies for litigation and requested that all persons leave the room except the Commissioners, City Manager Wysocki, City Attorney Becker, Director of Finance Gamradt, former City Attorney Bob Planalp, Attorney Bruce MacKenzie representing D .A. Davidson, and Clerk of the Commission Sullivan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. At 5:03 p.m., it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the executive session be declared closed and that the meeting be reopened. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Continued discussion - various elements to be contained in revised 51 D p~lIcy City Manager Wysocki noted that a copy of the draft SID policy which the City of Billings is currently considering was included in the Commissioners' packets, He noted that the draft has been prepared by Dorsey and Whitney, who serves as bond counsel. The City Manager then submitted to the Commission a memo listing four questions which he feels they should I consider in revising the policy. He expressed concern that the new policy not eliminate the possibility of using special improvement districts in future devclopments. Thc City Manager noted that the City of Billings has approached the use of SID's in a positive manner. He stated the draft policy proposes that a developer fund 50 percent of the costs of on-site improvements but further proposes that SI D's may be used for 100 percent of the costs for off-site improvements. 02-17-87 085 Commissioner Jordan expressed concern about the use of Letters of Credit, noting that he would rather consider another method of security, Mayor Mathre noted that the City of Bozeman has encouraged dispersement of ownership under its existing policy and asked how that could be accomplished in new subdivisions, City Manager Wysocki stated that Notices of Purchasers' Interest address that aspect of the pol icy. He then noted that the City of Billings does not consider dispersement of owner- I ship in its policy. He further indicated that requiring that the developer fund a portion of the improvements basi~ally eliminates the need for dispersal of ownership. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., stated that to require the developer to fund 50 percent of the costs of improvements would essentially require dispersal of ownership to cover those costs. Commissioner Stiff noted that the amount the developer has paid for the land and the amount owed are important factors which he still feels should be considered. Commissioner Martel stated that he also feels that the net worth of the land must be considered in making decisions on the creation of special improvement districts. He then noted that the reason for an effective policy is to reduce the chance of default; and he feels that one way to accomplish that is to make sure the owner has enough invested to discourage default. He further noted that if the owner does default, the value of the property would still more than offset the liability of the improvements if it was not highly leveraged. Commissioner Jordan indicated interest in reviewing the minutes from the City of Billings council meeting at which the policy has been discussed. Commissioner Vant Hull encouraged the Commissioners to consider her proposal for phasing ,. of road improvements, as shown on the last sheet of her responses to the questionnaire. Mayor Mathre requested that this item be placed on next week's agenda for further discussion. Adjournment - 5:30 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 02-17-87