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HomeMy WebLinkAbout1986-11-10 475 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 10. 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 10, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of si lence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of the regular meeting of November 3, 1986, be approved as amended. 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. Request for extension of the sewer service outside the city limits - C. J. Scott City Manager Wysocki presented to the Commission a letter from Mr. C. J. Scott, Land and Development Company, requesting extension of the sewer service outside city limits. He also submitted a copy of Section 13.32 of the Bozeman Municipal Code, which provides for ex- tension of sewer services outside city limits, listing five factors for consideration in making a decision on such requests. Mr. Jay Scott, applicant, requested not only extension of the sewer services outside the city limits, but requested that the Far West sewer trunk lin~, which was installed to service the Valley Unit Subdivision, also be utilized for that property which lies west of Ferguson Road. I He further requested that the property currently zoned TR- T, Technology Research with a Transitional overlay, lying along the north side of U. S. Highway 191, be rezoned to a commercial designation. He noted when the property was TR- T, it was a good zoning because none existed; however, the University has since had a portion of its land rezoned to TR and is now encouraging that type of business to locate in its park, which is close to the campus. He noted if the re- zoning is approved, that land can then be developed and help to defray the costs of the S I D's on that portion of Valley Unit Subdivision lying within the city limits. He further indicated that no direct access would be allowed onto U. S. Highway 191; but Fowler Lane would be extended to the highway. Mr. Scott then stated that two different City employees have indicated that all of the Valley Unit property, lying on both sides of Ferguson Road, was included in the calculations for the Waste Water Treatment Plant capacity. Mr. Jay Scott indicated that a mobile home overlay has been placed on a 160-acre tract in that portion of Valley Unit which is located in the county; and he wishes to develop that site. He stated that development of that tract plus commercial development along the highway could generate adequate revenues to make the project viable. He further noted that extension of the sewer services would generate revenue back to the 5 I D for the sanitary sewer main ex- tension because the property would be responsible for paying its proportionate share for those services. He then estimated that the mobile home portion would pay approximately $300,000; the TR- T zoned area outside city limits would pay approximately $104,000; and the entire 460-acre tract would pay approximately $1.3 million for extension of city services. Mr. Scott I then stated that for the property in Valley Unit Subdivision located inside the city limits to be developed in a viable manner, that portion currently outside the city limits must help to defray the costs of the existing SI D's. Commissioner Stiff noted the letter submitted to the Commission indicates an interest in I that portion of Valley Unit lying outside the city limits, however, the verbal presentation just now refers to land within the city limits. He then asked Mr. Scott if his request has changed since the letter was written. 11-10-86 ------~.__._--- 47G Mr. Scott stated it has. He indicated that he and the other people involved in this proposal have reviewed the total package and determined that they could purchase the entire Valley Unit holdings and still complete a viable project. Commissioner Vant Hull asked Mr. Scott why his proposal is to develop property outside the city limits rather than developing that located within the city limits first. Mr. Scott stated that not many houses are being built or sold at the present time; however, there is a market for mobile home subdivision lots. He then indicated his intention is I to develop a mobile home subdivision, selling the lots with no down payment if the request for extension of the sewer service is approved. City Manager Wysocki reminded Mr. Scott that he had requested a proposal, which would be required to go through the proper channels. He noted that any major zone changes would require going through the Master Plan Amendment process as well as the Zone Map Change process. He then recommended that the Commission acknowledge receipt of this request and refer it to staff for review. He noted that review of the request, considering the five points set forth in the Bozeman Municipal Code, will be done after the new City Engineer begins work next Monday. He further indicated that the sanitary sewer main to which Mr. Scott refers is the same one that will service the Annie Subdivision as well as the Tschache, Saccoccia and Perkins Annexation. Mr. Jay Scott indicated that he submitted this request to the Commission, since it is the decision-making body, so that they were aware of the proposal for development of the property. Commissioner Stiff suggested that Mr. Scott write a new letter to the City, indicating what property is being considered and what actions are being requested before the staff begins its review. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission acknowledge receipt of the request for extension of sewer service outside the city limits and refer the matter to staff for review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. I City Manager Wysocki presented to the Commission a memo from Director of Finance Gamradt reminding them of their previous action in April 22, 1985, with the following motion "... that the Commission authorize a ten-year loan from the Cemetery Perpetual Care Fund to the General Fund at an effective rate of 1/2 percent over the interest being earned by the CPC, adjusted annually, to cover the City's costs for its portion of Special Improvement District No. 647." He then stated the Director of Finance is now ready to make that loan so the City can use those monies to payoff the bonds which are to be called in January 1987; and recommended that the Commission reaffirm its previous action, with the revision that the loan be for up to ten years, allowing for possible early repayment. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize a loan for up to ten years from the Cemetery Perpetual Care Fund to the General Fund at an effective rate of 1/2 percent over the interest being earned by the CPC, adjusted annually, to cover the City's costs for its portion of Special Improvement District No. 647. 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. Discussion - Ordinance No. 1171 (snow removal ordinance) I City Manager Wysocki stated the Commission had requested this item be placed on the agenda. He then noted that copies of letters from Rich Brenden and Neal VanDyke, as well as written comments from Commissioner Martel and Commissioner Vant Hull, were included in the packets. Commissioner Martel reviewed his written comments, stating he feels the ordinance should be repealed and the City should take over the sidewalk snow removal, as it did in the past. He suggested rather than using Jeeps and plows, the City use tractors with brooms similar to 11-10-86 ---- ---------- 471 those used by the University. He noted the City would need to purchase two tractors at an approximate cost of $15,000 each, plus several different attachments could be purchased so the tractors could be used for various functions year around. He also noted that existing City employees would be involved in the sidewalk snow removal program; so no additional manpower costs would be incurred. The Commissioner stated he feels a City program would provide a more efficient manner for removing the snow from the sidewalks and would alleviate the I problems currently faced in policing and administration of the ordinance. Mayor Mathre stated that government shouldn't do that which the people can do for themselves. She noted that elimination of the sidewalk snow removal program was determined as one of the ways to cut costs when the City faced its budget constraints in 1979. Commissioner Vant Hull noted that in 1979 the City placed three different special voted mill levies on the ballot, one to create a reserve, one to maintain the existing level of services and one to raise enough revenues to increase the level of services to the prior level; and the only mill levy to pass was the one to maintain the existing level of services, which did not include the sidewalk snow removal program. Commissioner Martel noted that the State Statute indicates that the City is responsible for snow removal from sidewalks and roadways. The City Attorney distributed to the Commission copies of Section 7-14-4105(3), M.C.A., which provides that the City may shift that burden to the property owners if it so desires. Commissioner Vant Hull stated she feels the property owners do not want to incur any additional costs. She then asked where the City would get the $30,000 to pay for equipment for the program. Commissioner Martel stated the City has some unspent Revenue Sharing monies in a reserve that could be utilized for purchase of the equipment. City Manager Wysocki noted that the City hires two part-time people to enforce the ordinance; and the full-time employees are busy doing the necessary winter tasks and do not have time to do the sidewalk snowplowing as well. He noted that a broom would cause less damage to the sidewalks and private property than the blade did in the past; however, the I broom may not adequately clear the snow if it is packed down. Commissioner Jordan stated that the Commissioners should be concerned about the greatest good for the greatest number. He also noted that 50 people complaining out of 4500 residences is a small percentage. Mr. John Wegel, 218 South Black Avenue, stated that he feels 24 hours is too short a time to get the snow cleared, especially if someone is out of town during the holiday season. He then indicated a willingness to pay a mill or two to support a sidewalk snow removal program, rather than tying the property owners down so strongly. He also noted that the City can remove the snow from the sidewalks much more efficiently than the individual property owners or residents. Commissioner Vant Hull asked Mr. Wegel if he thinks the majority of the people would be interested in incurring additional taxes, especially in light of the recent election. Mr. Weger indicated they probably would not be. Mr. Bob Davies stated he has a property management business and is responsible for clearing snow from fifteen to twenty sidewalks each winter. He then expressed concern with how strictly the ordinance is enforced. He noted that he purchased a two-stage Toro snowblower to remove the snow; and last winter one of the property owners for whom he works received a citation, apparently after he had cleared the sidewalk. He then asked the costs of enforcing the ordinance, noting that a comparison between that cost and the costs of a City snow removal program should be considered. Mayor Mathre noted that last year was the first full year this ordinance was in effect. I She stated it is customary for more people to complain the first year; and she feels this year the enforcement will be easier. The Mayor then suggested that a city-wide maintenance district could be formed for sidewalk snow removal, which would result in assessments against the various properties rather than increasing the property taxes. Commissioner Martel then reviewed the comments in his memo suggesting changes to the ordinance if it is to be retained. He stated he feels the ordinance should include exceptions and provide an escape for people in extenuating circumstances. Commissioner Vant Hull stated 11-10-86 \ 478 one of her points addresses that same concern; and she has provided a suggestion for exceptions which would include an application process. Mayor Mathre asked the City Attorney how feasible it would be to include exceptions in the ordinance. City Attorney Becker indicated his concern is how to specify exceptions that would address all situations. He then stated that the suggested application process would be more of an administrative question than a legal question. I City Manager Wysocki reminded Commissioner Vant Hull that during a Senior Center Advisory Council meeting, the seniors specifically stated that the City should not make exceptions for senior citizens, noting that a program is available through the Senior Center for those who are unable to clear their own sidewalks. The City Manager stated that the key to meeting the re- quirements of the ordinance is to make prior arrangements if one is unable to clear the walks or plans to be out of town. Commissioner Vant Hull then stated she does not feel that individual property owners should be required to do a better job in clearing their sidewalks than the City does around the parks and City buildings. Mayor Mathre asked if an appeals process is available or could be established if one receives a civil or criminal penalty. The City Manager noted the only appeals process is through the City Court for a criminal penalty. Mr. William Davis, 307 South Bozeman Avenue, stated he would rather shovel his sidewalk than have the City damage his sidewalk through a snowplowing program. He noted that when the program was In force before, he was required to replace some of the sidewalk in front of his house, which was damaged by the snowplow. Commissioner Martel stated he feels enforcement of the ordinance creates an administra- tive nightmare; and the monies spent on enforcement could be better utilized in a sidewalk snowplowing program. Commissioner Jordan asked the City Manager if enforcement of the ordinance does create an administrative nightmare. City Manager Wysocki stated a lot of administration is required I during the enforcement period, noting that Commissioner Vant Hull's suggestion for an applica- tion process would simply add another layer of administration. He then reminded the Commission that there are considerably more sidewalks now than there were in the mid-1970's, when the City had a sidewalk snow removal program. Commissioner Vant Hull then reviewed the points she had listed in her memo. She suggested that the language in the ordinance be changed slightly so that all properties along Kagy Boulevard are treated the same, rather than some properties being required to shovel while others are not. She also suggested that the downtown businesses be given more than four hours to clear the snow from their sidewalks. The Commissioner then reiterated her earlier comment that property owners should not be required to keep their sidewalks any cleaner than the City keeps its sidewal ks. She then suggested that the ordinance be enforced on a complaint process rather than by sending an employee out to visually review the sidewalks. City Manager Wysocki reminded the Commissioner that the ordinance must be enforced uniformly. Commissioner Martel noted that those properties along Main Street cannot comply with the provisions of Section 12.24.030, since the property owners have no place to deposit the snow but in the street. The City Manager stated that the staff is aware of that situation and there- fore does not enforce that portion of the ordinance along the business portion of Main Street. Commissioner Stiff stated he feels the City should retain the ordinance and give it a fair trial period, since it has only been in effect through one full winter. He then noted the City is not receiving enough complaints to warrant redoing the ordinance. The Commissioner then I stated he is strictly against providing exceptions for the elderly and the disabled, particularly since he is disabled. He further noted that the complaint process should not be used because it would eliminate the common denominator which keeps the existing enforcement uniform. The Commissioner then stated he does not want to review this ordinance for two to three years unless slight revisions are necessary to make it operate more smoothly. Mayor Mathre requested that the staff address the questions about an appeals process as 11-10-86 479 well as possible revision of the language in Section 12.24.030 to exempt the B-3 zoned property, with a report to be submitted back to the Commission as soon as possible. Break - 3:55 to 4:08 p.m. Mayor Mathre declared a break from 3:55 p.m. to 4:08 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Development Block Grant Contract ($250,000 economic City Manager Wysocki submitted to the Commission a copy of the Community Development Block Grant Contract for a $250,000 economic development loan for King Tool. He stated that the items of concern on this project have been resolved and recommended that the Commission authorize the Mayor to sign the Contract. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize the Mayor to sign the Community Development Block Grant Contract for the $250,000 economic development loan for King Tool Company. 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. 1226 - salary ordinance for City Attorney for remainder of Fiscal Year 1986-87 City Manager Wysocki presented Ordinance No. 1226 entitled: ORDINANCE NO. 1226 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY ATTORNEY OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. City Manager Wysocki reminded the Commission that they had provisionally adopted this Ordinance on October 27. He then recommended that they finally adopt the Ordinance at this I time. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1226, establishing the salary and official bond of the City Attorney for the remainder of 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. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll items. (1) A reminder of the I nteragency Breakfast, to be held on Wednesday, November 12, at 7:00 a.m. at the GranTree Inn. (2) A memo from Mayor Mathre concerning the District 10 meeting to be held with local legislators on Wednesday, November 19. The Mayor stated the dinner is to be held at the Baxter Hotel, with a social hour at 6:00 p.m. and the dinner at 6:30 p.m. (3) The agenda and packet for the City-County Planning Board meeting to be held on Thu rsday, November 13, 1986. (4) Commissioner Martel stated he feels the effects of salt can be seen today, noting that the major streets where salt was used are icy while the other major streets are now bare in the driving lanes. I Consent Items City Manager Wysocki presented to the Commission the following IIConsent Items. II Building I nspection Division report for October 1986 Fire Division quarterly report for July throu h September 1986 lalms It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed, and the appropriate persons be authorized and directed to 11-10-86 48U complete the necessary actions. 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. Adjournment - 4:17 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. I 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. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 11-10-86