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HomeMy WebLinkAbout1986-09-29 423 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONT ANA September 29, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 29, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Acting City Manager Gamradt 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- cuss ion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 22, 1986, be approved as submitted. 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. 1219 - amendin Sections 18.04 and 18.52.140(A) of the Bozeman Municipal Code to a ow persona use a I r ields as a conditiona use In t e istrlct Acting City Manager Gamradt presented Ordinance No. 1219, as reviewed by the former City Attorney, entitled: ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTERS 18.04 AND 18.52.140(A) OF THE BOZEMAN MUNICIPAL CODE, TO ALLOW PERSONAL USE AIR FIELDS AS A CONDITIONAL USE IN THE "A-S" (AGRICULTURAL SUBURBAN) DISTRICT AND TO PROVIDE FOR THE DEFINITION OF PERSONAL USE AIR FIELD IN THE CITY OF I BOZEMAN, MONT ANA. Acting City Manager Gamradt reminded the Commission that the public hearing on this item was conducted on September 15, 1986. He then recommended that the Commission provisionally adopt this Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1219, amending Chapter 18 of the Bozeman Municipal Code to allow personal use air fields as a conditional use in the AS District, 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 Stiff ,Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Jordan. Appointment to Historic Preservation Advisory Commission - one vacancy (professional member) Acting City Manager Gamradt reminded the Commission that they had tabled action on this item for a period of one week to allow the Commissioners an opportunity to review the six applications which had been received. He then suggested that the Commission appoint an indivi- dual to replace Ms. Noreen Alldredge as a professional member of this committee. It was moved by Commissioner Vant Hull that the Commission appoint Pam Leslie to the Historic Preservation Advisory Commission, to replace Noreen Alldredge as a professional member, with a term to expire on June 30, 1987. The motion died for the lack of a second. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- I sion appoint (Job Meeker to the Historic Preservation Advisory Commission, to replace Noreen Alldredge as a professional member, with a term to expire on June 30, 1987. 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. Reconsideration (continued) of action taken on sale of bonds and award of construction bids for 'S1T5 Nos. 649, 650 and 651 (Annie Subdivision) Acting City Manager Gamradt submitted to the Commission a letter from Mr. Don White, 09-29-86 421t attorney for Mr. and Mrs. Smith, along with several letters of support attached thereto. He also noted that City Manager Wysocki has submitted a memo to the Commission outlining the various alternatives for consideration. He then recommended that the Commission acknowledge receipt of this additional information prior to any further consideration of this item. It was moved by Commissioner Vant Hull, $econc:led by Commissioner Jordan, that the Commis- sion acknowledge receipt of the letter from Don White dated September 25, 1986, along with attached letters of support, and the memo from City Manager Wysocki dated September 26, 1986, I outlining various alternatives for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commis- sioner Martel and Mayor Mathre; those voting No, none. Mayor Mathre noted that the Commission had received additional information at last week's meeting. She suggested the item before the Commission at this time is whether it wishes to re- consider the decisions made during the September 2, 1986 meeting to not proceed with the bond sale and to reject all construction bids for the three subject Special Improvement Districts. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission reconsider its previous decisions on the bond sale and award of construction bids for Special . Improvement District Nos. 649, 650 and 651, all located in Phase I of the Annie Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Commissioner Vant Hull; those voting No being Mayor Mathre. Commissioner Jordan stated that to make a good decision, one must look at the merits of the subject proposal in relation to the City's existing policy. He then indicated that his reasons for supporting approval of the bond sale and award of bids include (1) the three- to four-year history of this project to date; (2) the fact that the land is unencumbered; and (3) the project now meets the existing policy. Commissioner Stiff stated support for Commissioner Jordan's comments. He then indicated that he feels the applicant has done everything possible to comply with the City's policies and the additional requests which have been made by the Commission. The Commissioner stated that I he feels additional items should be considered and possibly required if the Commission wishes to proceed with the sale of bonds and award of construction bids for the subject 51 D's. The first item mentioned by Commissioner Stiff was clean-up of the property located at the northwest corner of the intersection of North 19th Avenue and Durston Road. He suggested that the clean-up take place in three steps which would be completed in the near future: (1) elimination of fences, machinery and vehicle storage; (2) demolition of the barn and granary; and (3) relocation of the two existing houses and leveling of that area. The Commissioner then further suggested that the escrow account be required until the limited ownership has reached less than 30 percent; and the 25 acres backing the promissory note to be held In escrow be held for a five-year period or until less than 30 percent of the land is in Smiths' ownership. Commissioner Stiff further suggested that no financial constraints or mortgages be allowed on the land located with the Special Improvement Districts or the 25 acres held in escrow. He noted that escrow would be released at such time as more than 70 percent of the land ownership has been dispersed. He stated that this condition would apply only to use of the land as collateral for a mortgage, not necessarily to development of an individual lot within the improvement district. Commissioner Martel noted that the project meets the City's requirements; however, he does have some concerns. He reminded the Commission that he based his campaign on being .. prO-development and supportive of economic development, which he feels includes annexations ... and subdivisions. The Commissioner noted that he also has a responsibility to protect the citizens and taxpayers as much as possible in the event of default on the assessments. He I indicated that as more of the property ownership is dispersed, the possibility of default is reduced, but not eliminated. The Commissioner further indicated he feels that the possibility of seeking improvements for future phases of the subdivision may encourage Mr. Smith to perform in this phase. Commissioner Vant Hull stated support for the comments and concerns registered by Com- missioner Jordan and Commissioner Stiff. She reminded the Commissioners and the public that Mr. Smith has paid the City approximately $64,000 for water rights for this phase; and that 09-29-86 425 money is not returnable. The Commissioner also noted that 5 percent of the SID bond amount is placed in the SID Revolving Fund; and in this instance that amounts to slightly more than $40,000. Further, in this instance, the City will have an escrow account of $127,275.66 in cash plus a promissory note backed by 25 acres of land. The Commissioner then stated that this proposal does meet the City.s policy; and therefore she supports it. Commissioner Martel asked if the Smiths will be providi~g a personal guarantee to Grande I and Company for the bonds. Mr. Don White, attorney, stated that Grande and Company has not requested a personal guarantee. He noted that possibility was mentioned once; however, after he submitted a personal financial statement for the Smiths, the issue did not resurface. Acting City Manager Gamradt cautioned the Commission that requiring a personal guarantee could affect the tax exempt status of the bonds. He then suggested if the Commission wishes to include that as a condition, it be done contingent upon a favorable opinion from the bond counsel. The Acting City Manager also reminded the Commission that the requirement that the escrow account be held until less than 30 percent of the property is held by the developers goes beyond the existing policy. Commissioner Stiff asked if the developers are willing to accept the conditions which have been outlined by the various Commissioners. Break - 2:45 to 2:55 p.m. Mayor Mathre declared a break from 2:45 p.m. to 2:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Reconsideration (continued) of action taken on sale of bonds and award of construction bids for SID Nos. 649, 650 and 651 (Annie Subdivision) Mayor Mathre stated that the 30 percent ownership referred to during the discussion would apply to the total amount of property in the district for ease in calculations. I Mr. Don White, attorney representing the Smiths, stated that during the break, he dis- cussed this matter with his clients. He indicated that they are willing to waive the 40 percent ownership requirement and accept the condition that the escrow account will not be released until less than 30 percent of the land in the special improvement districts is held by the developers. He then addressed the issue of cleaning up that portion of the property located at the inter- section of North 19th Avenue and Durston Road, indicating a willingness to work with the staff in developing a timeline. He proposed that the clean-up be done in three phases, as follows: (1) the fences and corrals be removed and the vehicles and machinery moved by July 1987; (2) demolition of the barn and granary be done by August 1988; and (3) relocation of the two houses and leveling of the area by the end of 1989. Mr. White suggested those items could be attached to the escrow agreement, providing incentive to complete the clean-up as scheduled. Mr. Roger Smith noted that the houses must be moved before North 19th Avenue can be extended north of Durston Road. He also reminded the Commission that he plans to install a portion of that roadway when construction begins on Phase II; and he anticipates the engineering on that phase to begin when 80 percent of the property in this phase is sold. Mr. Smith then stated that he has suggested to the State if they wish to pipe the Farmers Canal and relocate the 50 KV power line, he is willing to work with them on additional right-Of-way along his property to alleviate some of the construction problems for that street. Mr. Don White then stated the developer will agree to a five-year promissory note on the , 25 acres as part of the escrow requirements, noting that the security would be released after ... 70 percent of the land is sold. He further indicated there are currently no mortgages or finan- I cial obligations on the tract located within the SID boundaries or upon the 25 acres; and the developer would agree not to encumber those lands with any obligations. He noted the one problem that could arise from this stipulation would be in the event that the Smiths wish to develop one of the large lots, suggesting the Commission may wish to address that possibility. Acting City Manager Gamradt suggested that the stipulation on financial obligation on the land could contain a provision for the City to give approval prior to the obligation if the project appears to be progressing as anticipated. Mr. White then expressed concern about the requirement for a personal guarantee on the 09-29-86 --- --.- 42C bonds. He noted that when the developer wishes to begin development of Phase ", the $600,000 personal guarantee could present a problem in obtaining financing. The Acting City Manager reminded the Commission that the amount of the escrow account required with the new percentages of ownership is $157,877, which is within the new IRS guide- lines. He then reminded the Commission that the amount previously held in the escrow account was returned and noted that the City Manager's memo suggests that the Commission require that the escrow account be re-established by 5:00 p.m. on Tuesday, September 30. Mr. White requested I that the time be extended to October 1, 1986. Mayor Mathre stated she has been supportive of this project and has felt there was a need for this type of development. She then questioned what has changed since this project was initially started about four years ago; stating that she feels some changes have occurred. She noted that the approval of special improvement districts does carry a risk to the taxpayers; but that was not fully realized until the recent default on a substantial amount in 51 D's. She noted that the enrollment at MSU has declined; and the trend is expected to continue to 1991. She stated that results in more housing being avai lable in Bozeman, plus it reflects a decrease in jobs at the University thus impacting the community's economy. The Mayor then noted that, although many of the mobile home parks in or near the city are almost full, King Arthur Mobile Home Park currently has 43 vacant spaces; and 14 units are currently for sale. She then stated that there are no similar developments around Bozeman. She noted, however, that the Mayfair Subdivision in Belgrade is a similar development; and it is currently 50 percent occupied, with the special assessments being defaulted on. Mayor Mathre then stated that, due to the increasing risk to the taxpayers and because of her uncertainty about the need for this type of development at this time, she will vote against proceeding with the bond sale. She also suggested that the Commission review its policy on special improvement districts soon. It was moved by Commissioner Stiff, seCOl:'u:ied.. hy Commissioner Martel, that the Commission extend the period of acceptance of bids for .I::>ondsfor. Special Improvement District Nos. 649, 650 and 651 and accept Grande and Company's letter of ex.t.eosJao of. ~ir bid, and authorize I and direct the staff to proceed with the bond sale for said Special Improvement Districts, subject to the following conditions: 1. That the developer re-establish the escrow account, in the amount of $157,877, by 5:00 p.m. on Wednesday, October 1,1986. 2. That the escrow account be held by the City unti I less than 30 percent of the property is held by Roger H. and Rosalind Smith. Said escrow account shall contain $127,275.66 in cash and a five-year promissory note in the amount of $30,602.20, backed by the 25-acre tract located at the corner of North 19th Avenue and Durston Road. 3. That the 25-acre tract located at the corner of North 19th Avenue and Durston Road be cleaned up according to the following schedule: a. Fences and corrals moved and vehicles and machinery relocated by July 1987. b. Barn and granary be demolished by August 1988. c. Two houses be relocated and the ground leveled by the end of 1989. 4. That the developer not incur any encumbrances or use the property located within the special improvement districts or the 25-acre tract held in escrow as collateral for any mortgage during the life of the escrow account. 5. That the developer provide a personal guarantee for the bonds, contin- gent upon receipt of a favorable opinion from bond counsel regarding the tax exempt status of the bonds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, I Commissioner Martel, Commissioner Vant Hull and Commissioner Jordan; those voting No being Mayor Mathre. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bid for the construction of Special Improvement District No. 649 be awarded to Johnston Excavating, Inc., Bozeman, Montana, in the bid amount of $239,675.60, it being the lowest and best bid received, contingent upon their signing of Change Order No.1, adding $7,754.16 to said contract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, 09-29-86 -- --- -----~ 42/ Commissioner Vant Hull, Commissioner Jordan and Commissioner Stiff; those voting No being Mayor Mathre. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bid for the construction of Special Improvement District Nos. 650 and 651 be awarded to Big Sky Paving Company, Inc., Bozeman, Montana, in the bid amount of $393,389.60, it being the lowest and best bid received, contingent upon their signing of Change Order No.1, subtracting I $7,754. 16 from said contract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Commis- sioner Martel; those voting No being Mayor Mathre. Acting City Manager Gamradt reminded the Commission that the bond payment schedule originally established in the Resolution begins with an interest payment on January 1, 1987. He indicated that he will work with Grande and Company on changing that date to July 1, 1987 if possible. Review of the summary of expenditures for Fiscal Year 1985-86 Acting City Manager Gamradt stated the Commission had received a copy of the expenditures as of June 30, 1986 in last week's packet and requested that it be placed on this agenda for discussion. Commissioner Martel noted he asked the Director of Finance several specific questions about the final listing of expenditures during the past week. He then asked how the unspent balances in the various budget units are handled at the end of the fiscal year. The Acting City Manager stated the State Statutes provide that any unexpended monies at the end of the year will revert back to the fund from which they were originally appropriated, i.e., General Fund, special revenue funds, enterprise funds. Commissioner Vant Hull expressed appreciation for the positive balances remaining in the various budget units at June 30. The Commission thanked the Acting City Manager for his review of the summary of expend i- I tures for Fiscal Year 1985-86. ress of Cities to be held in Acting City Manager Gamradt stated that the Commission has discussed at different meetings recently whether someone will attend the National League of Cities Congress of Cities to be held in San Antonio, Texas, on November 29 through December 3, 1986. He indicated this item was placed on the agenda to allow the Commission an opportunity to take formal action on the matter. Mayor Mathre noted that the Commission has appropriated monies for one of the Commissioners to attend the meeting. The Commissioners concurred that it would be beneficial to have someone attend the con- ference. Commissioner Martel stated that he is willing to attend if the Commission selects him to serve as the delegate. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion select Commissioner Martel to serve as the City's delegate to the NLC Congress of Cities to be held in San Antonio, Texas, on November 29 through December 3, 1986, and it being in the best interests of the City, that his expenditures be paid from the appropriate budget unit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Commis- sioner Martel abstained. I Discussion - FYI items Acting City Manager Camradt presented to the Commission the following "For Your Information" items. (1) A memo concerning the year-end financial statements for the Water Fund. He noted this memo contains two items which need Commission action and stated those items will be placed on next week's agenda for discussion. (2) A rough draft of the proposed elements to be considered in reviewing and possibly revising the current policy on special improvement districts. He noted this item will be placed 09-29-86 428 on an agenda in the near future for discussion. (3) A fact sheet on C 127 for the City of Bozeman. (4) A copy of a letter from Commissioner Stiff to Cresap, McCormick and Paget concerning the status of the proposed management audit. (5) Mayor Mathre noted that the Chamber of Commerce will conduct a seminar on CI27 and CI30 tomorrow evening. Consent Items I Acting City Manager Gamradt presented to the Commission the following "Consent Items." Authorize absence of Commissioner Jordan and Commissioner Stiff from meeting of October 14, 1986, in compliance with Section 7-3-4322(2), M.C.A. Approval of loans for Communit ram as recommen ed by the oan eview omm ttee Application for Temporart Beer License - October 4, 1986 - MSU Associated Students German lub - Gallatin County Fairgrounds It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Consent Items as listed above be approved, and the appropriate persons be authorized and directed to complete the necessary actions. 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. Recess - 3:50 p.m. Mayor Mathre declared a recess at 3:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. - Commission Resolution No. 2629 - I This was the time and place set for the public hearing on Commission Resolution No. 2629, entitled: COMMISSION RESOLUTION NO. 2629 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Mathre opened the public hearing. Acting City Manager Gamradt reminded the Commission that the base rate for the garbage collection assessments is $57.00, the same as last year. He then noted that the matrix has been revised slightly in some areas to provide consistency in the percentages of difference, which will result in some of the assessments being slightly different from last year's. No one was present to speak in support of or in opposition to the garbage collection assessments as established in this Resolution. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2629, levying and assessing a special assessment of taxes to defray the cost and expense of collecting and disposing of garbage 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. 09-29-86 429 Public hearin - Commission Resolution No. 2630 - li htin district assessments for Fiscal Year 7 - This was the time and place set for the public hearing on Commission Resolution No. 2630, entitled: COMMISSION RESOLUTION NO. 2630 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, I LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M. C. A. Mayor Mathre opened the public hearing. Acting City Manager Gamradt stated that during the meeting held two weeks ago, concern was expressed about the 51.6 percent increase from the amount assessed last year. He then submitted to the Commission a memo indicating that Montana Power Company has provided informa- tion on rate increases for electricity since June 1984; and those rates have increased 80 percent. He stated that, in view of those rate increases, he feels the increase in the assess- ments to the various lighting districts is reasonable. Commissioner Vant Hull stated she has received a letter from the Montana Power Company indicating that the installation of high pressure sodium vapor lights over the next five years should result in a decrease in electricity costs for street lighting. The Commissioner then stated that a discussion with MPC officials revealed that most cities in Montana estimate the costs of electricity for the upcoming year and base the assessments to the districts on those estimates, rather than billing for actual costs one year behind like the City does. She then suggested the City may wish to convert to the system of billing ahead, possibly over a five-year period, rather than bi lIing behind and carrying those costs. The Commissioner stated another suggestion was that the entire city be included in lighting districts, noting that those areas where there are no lights in mid-block currently are not in districts; therefore, the General Fund pays the entire cost. The Commissioner then noted that 20 to 30 percent of the lights I along Kagy Boulevard are located in the County; and she still feels that they should be responsi- ble for the electricity costs incurred for those lights. She noted further, however, that it is possible the agreement between the City and the State for construction of the roadway included the City's paying all lighting costs. Commissioner Jordan asked if the City is paying the bills as they become due and payable or If the costs are paid when the assessments are due. The Acting City Manager stated that the City pays those costs each month and is reimbursed through the assessment process. He then cautioned that any change in the method of assessment must be phased in over several years to avoid a large impact on the property owners involved. No one was present to speak in support of or in opposition to the lighting district assessments as established in this Resolution. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion waive the customary one-week waiting interval. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion finally adopt Commission Resolution No. 2630, levying and assessing lighting district maintenance and electrical current cost for special improvement lighting districts in the City of Bozeman for Fiscal Year 1986-87. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner I Martel and Mayor Mathre; those voting No, none. Public hearing - Commission Resolution No. 2631 - sprinkling district assessments for Fiscal Year 1987 This was the time and place set for the public hearing on Commission Resolution No. 2631, entitled: COMMISSION RESOLUTION NO. 2631 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 09-29-86 430 LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. Mayor Mathre opened the public hearing. The Acting City Manager stated that the costs assessed to the various sprinkling, or sweeping, districts are based on the actual manhours and equipment charges involved. Commissioner Vant Hull asked if a water charge is included. The Acting City Manager I stated that cost is considered nominal and is not included in the costs charged to the various districts. No one was present to speak in support of or in opposition to the sprinkling district assessments as established in this Resolution. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. 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. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2631, levying and assessing sprinkling district maintenance cost for special improvement districts in the City of Bozeman for Fiscal Year 1986-87. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Public hearing - Commission Resolution No. 2632 - snow removal assessments for Fiscal Year 1987 This was the time and place set for the public hearing on Commission Resolution No. 2632, entitled: COMMISSION RESOLUTION NO. 2632 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, I LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Mathre opened the public hearing. Acting City Manager Gamradt noted that a letter dated September 17, 1986 from Mr. Rich Brenden, 204 South 5th Avenue, to Commissioner Martel was included in the packet. He stated that letter expresses concern about the City's snow removal policy as well as its enforcement. Commissioner Martel stated he feels it is appropriate to acknowledge the letter under this public hearing; but he feels it would also be appropriate to consider this letter during future discussions on the Ordinance. No one was present to speak in support of or in opposition to the special assessment of taxes for snow removal costs incurred under the provisions of Ordinance No. 1171, as established in this Resolution. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission waive the customary one-week waiting interval. 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. Commissioner Martel expressed reluctance to approve the assessment of costs incurred I for snow removal; however, since the Ordinance is in effect, the Commission must follow the procedure set forth. He also expressed concern about the multiple charges under some of the names and addresses. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commis- sion finally adopt Commission Resolution No. 2632, levying and assessing a special assessment of tax upon certain real property for the removal of snow and ice from specified sidewalks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, 09-29-86 431 Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. SID No. 632 - water, 0,500 This was the time and place set for the public hearing on Commission Resolution No. 2633, I entitled: COMMISSION RESOLUTION NO. 2633 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. Mayor Mathre opened the public hearing. The Acting City Manager reminded the Commission that this Special Improvement District was originally assessed at the bond amount. He noted the final construction costs have now been paid and a final assessment can be made. He stated the finalized cost is $80,500, the same as the bond amount. No one was present to speak in support of or in opposition to the relevying and re- assessing of SID No. 632. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting interval. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission finally adopt Commission Resolution No. 2633, relevying and reassessing special assess- I ment taxes upon property in Special Improvement District No. 632. 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. No. 645 - This was the time and place set for the public hearing on Commission Resolution No. 2634, entitled: COMMISSION RESOLUTION NO. 2634 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 645. Mayor Mathre opened the public hearing. Acting City Manager Gamradt reminded the Commission that this Special Improvement District was originally assessed based on the bond amount. He noted the final construction costs have now been paid; and the final assessment should now be done. He then indicated that the bond amount for this project was $42,000; and the finalized costs are $36,184.86. No one was present to speak in support of or in opposition to the relevying and re- assessing of SID No. 645. I Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. 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. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2634, reJevying and reassessing special assessment taxes upon all property in Special Improvement District No. 645. The motion carried by the following 09-29-86 - ~ ---~._~---- --- 432 Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. SID No. 646 - IVlsion - $159,598.10 This was the time and place set for the public hearing on Commission Resolution No. 2635, entitled: I COMMISSION RESOLUTION NO. 2635 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 646 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 646. Mayor Mathre opened the public hearing. The Acting City Manager reminded the Commission that this Special Improvement District was originally assessed based on the bond amount. He noted that the construction has been completed and the final costs determined. He then indicated that the bond amount was $170,000; and the final costs total $159,598.10. No one was present to speak in support of or in opposition to the relevying and re- assessing of SID No. 646. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion waive the customary one-week waiting interval. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission finally adopt Commission Resolution No. 2635, relevying and reassessing special assess- ment taxes upon all property in Special Improvement District No. 646. The motion carried by I 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. and reassessin SID No. 647 - pavin and This was the time and place set for the public hearing on Commission Resolution No. 2636, entitled: COMMISSION RESOLUTION NO. 2636 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 647 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 647. Mayor Mathre opened the public hearing. Acting City Manager Gamradt reminded the Commission that they had previously assessed this Special Improvement District based on the bond amount. He noted the final construction costs have been paid; and the assessments should be relevied. He stated the original bond amount was $900,000; and the final costs are $839,512.82. No one was present to speak in support of or in opposition to the relevying and re- assessing of SID No. 647. Mayor Mathre closed the public hearing. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. 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. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2636, relevying and reassessing special assessment taxes upon all the property in Special Improvement District No. 647. The motion carried by the follow- 09-29-86 - ~ - -- 433 ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - proposals submitted by Recreation Advisory Board Acting City Manager Gamradt stated the Commission had requested that the proposals from the Recreation Advisory Board be placed on the agenda for discussion at this time. I Recreation Superintendent Suzette Neville noted the Recreation Advisory Board submitted a folder of information and proposals to the Commission at their May 19, 1986 meeting. She then requested that the Commission consider three of those items: (1) Appendix II, Policy for Park Development; (2) Appendix III, Proposal Flowchart; and (3) Appendix IV, Procedure for Subdivision Review. The Recreation Superintendent noted that the Recreation Advisory Board has been follow- ing the procedures outlined in these three documents; and they would like to know if the Commis- sioners are satisfied with those procedures or if they feel changes should be made. Recreation Superintendent Nevi lie then drew attention to Appendix II, Sections V, Proce- dure to follow for groups interested in developing parks, and Section VI, Naming of Bozeman city parks/recreation areas. She indicated the Board would like to know if those particular procedures are satisfactory, citing recent examples of failure to follow the system set forth. Mayor Mathre noted that in the past, neighborhood groups have approached the Commission directly without any review or input from the Recreation Advisory Board. Following discussion, the Commission indicated support for the two specified sections, noting that they wi" expect written recommendations from the Board. Commissioner Vant Hull expressed concern about Section III on that document, which indi- cates that "all park development must have the City of Bozeman's commitment to maintenance. II She noted that the eastern portion of Langohr Park is maintained by residents of the area rather than by the City. The Recreation Superintendent stated that provision does not require that the City do the maintenance; but it means that the Park Division must have access to the facility and be I able to maintain it if necessary. Recreation Superintendent Sue Neville then stated that the County is currently working on a County plan for parks, which expands on the initial information submitted by the Recreation Advisory Board. She noted that plan provides criteria for reviewing proposals for development of parks and review of requests for funding such proposals. She suggested that a revision of that plan for the City could be beneficial in future park development. Commissioner Stiff noted that budget considerations could become involved in this proposal. He cautioned that those items must be considered early in the process. Commissioner Martel noted that Christie Field is located on school district property but is used as a park. He then asked how that type of situation will be addressed. Mr. Mike Cavaness, Chairman of the Recreation Advisory Board, stated the Board is trying to create an awareness of their Board and its function. He noted that any issue concerning development of parks or proposed uses should be accompanied by a recommendation from the Board prior to Commission consideration. Commissioner Jordan suggested that brochures be made and placed at City Hall and the Library to make the public aware of the procedures to be followed. The Commission then turned its attention to Appendix III. Recreation Director Sue Neville stated the flowchart was established because some groups felt that their proposals became lost in the shuffle, citing the hockey club's desire to install lights in the Bogert Park pavillion and the cross-country ski club's request for installation of lighting in Lindley Park as examples. Acting City Manager Gamradt stated those two specific items were discussed at the staff I level; but they were not submitted to the Commission because of the financial involvement re- quired for the City to install and pay electrical costs on those lights. Commissioner Vant Hull expressed concern about Steps 4 and 5, indicating she feels that could create a bottleneck and possibly cause things to be lost. Those items address distribu- tion of Board recommendations to the City staff and the City Commission; and the City Manager's placement of those items on the agenda for consideration. Mayor Mathre noted that the agenda is prepared by the City Manager; and he must place those items he feels appropriate on the agenda for discussion when he is prepared to address , 09-29-86 ------- 431t the matter. She further noted that some of the items placed before the Recreation Advisory Board may be more appropriately dealt with at the administrative level rather than submitted for Commission action. The Recreation Superintendent returned the discussion to the process of naming parks, indicating that she feels it is an important item for consideration. She noted one park has three different names, which can be confusing. She also stated that she feels the City should become involved in the process, rather than allowing others to arbitrarily name the parks. She then indicated that the Wind Drinkers are proposing a contest for naming of the running trail; I and she feels the Commission should endorse the proposal or establish a specific process prior to that. Mayor Mathre asked if the developers name the park at the time it is dedicated through the subdivision process. Senior Planner Marcia Elkins stated that the parks are usually not named during the sub- division process; but the adjacent property owners usually implement a name during development. She noted that the street names must be approved by the Engineering Division and must be in- cluded on the plat; but the park is usually just listed as a park, with no name. The Commission concurred that the process listed in Appendix II seems to adequately address the method for naming of parks. The Recreation Superintendent then reviewed the procedure for subdivision review, as listed in Appendix IV. She noted the process has been revised since it was originally es- tablished to accurately reflect the method which has been followed. She stated it is sometimes difficult for the Recreation Advisory Board to react to proposed subdivision plats because they meet once a month and may not have the information in adequate time. She then noted a sub- committee, comprised of two Board members plus two residents with expertise in recreation facilities and planning, has been formed to review plats when they are submitted. She then suggested the possibility of having a copy of the plat submitted to the Recreation Advisory Board at the same time it is submitted to the City-County Planning Board. Senior Planner Elkins reviewed the process currently being followed in review of the I preliminary plat. She noted the deadline for initial applications is the Friday following the City-County Planning Board meeting; and it usually takes two to three days to gather the rest of the information for a complete application. The staff then prepares the public hearing notices and notifies the adjacent property owners. At the same time, the Planning Staff sends copies of the plat to various City staff members, including the Recreation Department, request- ing that responses be returned within one and one-half weeks. She noted that allows the Planning Staff approximately one week to review the staff comments and prepare a staff report, getting that report distributed to the Planning Board members one week before the meeting. Recreation Superintendent Neville noted that the City does not have a master plan for parks; and she feels it is important to have a section in the Master Plan addressing that item, particularly since that document is currently being updated. She then noted that the area dedicated for parks has been toward the bottom of a developer's list during the subdivision process; and the Recreation Advisory Board feels that more attention should be given to the proposed location of the park area. Ms. Daria Joyner, member of the Board, stated in some instances, small tot parks are appropriate, while in other areas a larger park would be better. She noted that a master plan would help to make that determination. Commissioner Martel suggested that parkland might be appropriate next to a school site, thus expanding the area avai lab Ie to both. The Senior Planner indicated that in the Annie Sub- division, the school district expressly requested that the two sites be split apart. This item will be discussed at the next Interagency Breakfast to determine why the two sites should be I split. Commissioner Stiff once again cautioned that any budgetary implications be carefully re- viewed prior to implementation of any specific process or plan. The Commission thanked the two Recreation Advisory Board members for attending and participating in this discussion. 09-29-86 435 Adjournment - 8:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. 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. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 09-29-86