HomeMy WebLinkAbout1985-09-03
337
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
September 3, 1985
************************
The Commission of the City of Bozeman met in a work session on the City Manager's
recommendations for the Fiscal Year 1985-86 budget and regular session in the Commission Room,
I Municipal Building, September 3, 1985, at 2:00 p.m. Present were Mayor Weaver, Commissioner
Mathre, Commissioner Vant Hull. Commissioner Anderson, Commissioner Jordan. City Manager
Wysocki and Clerk of the Commission Sullivan.
The Mayor waived the customary Pledge of Allegiance and moment of silence.
Work session on City Manager's recommendations for the FY1985-86 budget
City Manager Wysocki stated that the Gallatin County Assessor's office needs to know the
mill levies to be established by the City not later than September 13 so that the information can
be entered into their computer. He noted that the County tax notices will be run on September
16. The City Manager suggested that the Commission devote as much time as possible to this
item during today's meeting and attempt to be in a position to accept his recommended mill
levies or revise them as determined appropriate at next week's meeting.
The Commission then reviewed the recommended mi II levies, as follows:
All-Purpose Levy -- 71.92 mills. This mill levy could be increased only slightly while
remaining within the 105 percent budget constraints listed in the Montana Code Annotated. The
monies generated through this millage is about $5,000.00 less than the maximum allowed.
City-County Planning -- 1.98 mills. This mill levy, plus a $15,700.00 transfer from the
General Fund, added to the other sources of income for this function will provide a balanced
budget. The City Manager noted that 2.00 mills may be levied for this activity outside the
All-Purpose General Fund.
I Commissioner Vant Hull asked if Historic Preservation has been included in the budget.
The City Manager indicated it has not been. He noted that function is handled separately
through a grant and will not affect the Planning Department's budget.
Mayor Weaver asked about the source of the reserve within the fund and asked if that
entire reserve has been put into this year's budget. The City Manager stated that the reserve
is from revenues generated by the fees charged for various services. He also noted that this
does not totally deplete the reserve, but provides some monies for next year's budget also.
Commissioner Vant Hull noted that in past years the Planning Department has submitted
a list of work tasks that are to be considered for the upcoming year and solicited Commission
input. She then asked if the Commission will be receiving a list this year, indicating that she
feels it would be helpful in the budgeting process. City Manager Wysocki stated he will re-
quest a I ist of work tasks. He then reminded the Commission that the Planning staff has had
several items added during the past year, including administration of the Community Develop-
ment Block Grant and the Historic Preservation Grant. He noted those items have taken away
staff time I that could have been utilized on the work tasks and has thus slowed down progress
on those items.
Police Retirement -- 1.98 mills. The City Manager noted the State establishes the
percentage of Police Division payroll for the Police Retirement. He noted this mill levy provides
sufficient monies to cover those costs as well as repay a $1,313.00 loan from the General Fund
in FY1984.
Firefighters' Retirement -- 3.67 mills. The State establishes the percentage of the Fire
I Division payroll for the Firefighters' Retirement. He noted this mill levy provides sufficient
monies to cover those costs. The City Manager noted that the monies for this and the preced-
ing item can vary from year to year, depending upon the actuarial soundness of the funds.
Public Employees' Retirement System -- 2.82 mills. The State also establishes the per-
centage of the payroll to be paid by the City for those employees covered under the PERS program.
Commissioner Vant Hull asked for an update on the number of employees covered in each
of the three retirement systems as well as the amount of monies the employer is required to
contribute.
09-03-85
338
Comprehensive Insurance -- 6.05 mills. City Manager Wysocki noted that some Cities in
Montana have been unable to purchase insurance for this fiscal year. He noted that the City of
Bozeman has been able to renew its insurance policies; but the costs have doubled.
Commissioner Vant Hull suggested that the City may wish to consider self-insurance or
possibly a larger deductible on its insurance policies. The City Manager noted that the City
must review the entire picture but has not yet had time to do so. He also noted that this item
will be discussed at the League of Cities and Towns Convention. I
Health/Medical I nsurance for Employees -- 9.44 mills. The City Manager indicated that
this mill levy will cover the costs of premiums for health/medical insurance for those City
employees under this program. He also noted that repayment of a $22,759.00 loan from the
General Fund during FY1984 is included.
Commissioner Vant Hull expressed concern about the costs incurred for this item and
asked for a breakdown of how much the City pays in insurance premiums for dependents of
employees. The City Manager reminded the Commission that the State Statute requires that the
employer pay the health/medical insurance premiums for fire and police personnel; and all of the
contracts for the bargaining units address the matter. He also cautioned the Commission that a
previous decision has been made to treat all categories of employees the same.
SID Revolving Fund -- 5.00 mills. The City Manager noted that he had proposed increas-
ing this from the 2.00 mills levied last year to 5.00 mills this year. He indicated that the City
currently has $8,746,300.00 in outstanding Special Improvement District bonds; and the State
Statutes require that the City maintain 5 percent of that outstanding indebtedness in the SI D
Revolving Fund, which would be $437,345.00. He then reminded the Commission that the City
has a very small amount in that fund; and the monies generated by the increase to 5 mills will
not cover that deficit but will show the City's good faith and effort to meet that statutory
requirement.
Commissioner Anderson stated she feels the increase to 5 mills is a good effort to correct
the existing deficiency, without placing an undue burden on the taxpayers during this fiscal
year. I
Mayor Weaver noted that if the City did not have a few specific problems with delin-
quencies, the SI D Revolving Fund would sustain itself. The Mayor expressed anger at the need
to levy against the taxpayers of the community for this fund, particularly because a large
amount of the problem can be attributed to one specific project. Mayor Weaver then asked if
the levy could be reduced from 5 mills to 4 mills without affecting the City's position.
The City Manager indicated that he feels that a levy of 4 mills would still show the
City's good faith effort to replenish the SID Revolving Fund. He stated that he had recom-
mended 5 mills because that indicated the City's efforts to correct the problems while main-
taining the overall mill levy at approximately the same as last year.
Commissioner Mathre asked if there is any money in the SID Revolving Fund at this time.
The City Manager stated there is approximately $60,000.00 in the fund at this time; and
reminded the Commission that the General Fund has loaned monies to the SID Revolving Fund
which must be repaid.
The Mayor encouraged the Commission to consider reducing the levy from 5 mills to 4
mills to minimize the burden on the taxpayers. Commissioner Anderson expressed support for
levying the proposed 5 mills, with this budget item to be carefully reviewed during next year's
budget preparation.
Mayor Weaver suggested that the Commission conduct a straw vote at next week's meeting
to determine whether the mill levy should remain as proposed or be changed.
B rea k - 3: 1 0 to 3: 20 p. m . I
Mayor Weaver declared a break from 3:10 p.m. to 3:20 p.m., in accordance with Com-
mission policy established at their regular meeting of March 14, 1983.
Work session (continued) on City Manager's recommendations for the FY1985-86 budget
City Manager Wysocki continued reviewing the proposed mill levies as follows:
Local Government Study Commission -- .81 mills. Commissioner Mathre asked why 1.00
mi II has not been levied for th is function. The City Manager stated that the Local Government
09-03-85
339
Study Commission has used only a small portion of the 1.00 mill levied during FY1985; and the
.81 mill provides the funding to balance the budget request submitted by that body. He a I so
reminded the Commission that any monies not used during their study period reverts to the
General Fund after the election on their recommendations has been conducted.
City Hall G.O. Bonds -- .00 mills. The City Manager stated that the final payment on
these bonds was made during the past fiscal year. He then noted that the bond indebtedness
I to be retired on the following three bond issues has decreased; therefore the mill levy is lower
than it was last year.
Recreation Facilities G.O. Bonds -- 1.98 mills.
Senior Center G. O. Bonds -- 1.18 mills.
Library G.O. Bonds -- 4.81 mills.
City Manager Wysocki then suggested that the Commission begin the process of reviewing
the various budget units. The following budget units were then discussed.
A- 1 City Commission. The City Manager reminded the Commission that previously
this budget unit contained monies to cover costs incurred by the legislative bodies, particularly
Board of Adjustment. He noted those costs have been moved to the Building Inspection Division
budget, which Is where the costs are actually incurred. He noted that provides a reduction in
the City Commission's operations budget. The City Manager also noted that a fireproof file
cabinet has been included in this year's budget for storage of permanent records resulting from
Commission actions.
Commissioner Vant Hull expressed concern about the amount of monies listed in the Travel
and Schools line item on several of the budget units. She stated the amount of monies available
are limited this year; and she feels that those items should be decreased.
Commissioner Mathre noted that any monies budgeted under this line item but not used
provide a cushion in the budget. She also noted that some of those monies have already been
expended through her recent attendance at the Center for Improvement of Public Management.
Mayor Weaver stated he feels it is important to maintain an adequate amount in the
I budget for travel and schools. He noted that professional development and meeting with other
professionals in one's field is important.
Commissioner Vant Hull then asked about the $2,000.00 amount for Other. The City
Manager noted that covers unanticipated expenditures approved by the Commission as well as
items such as the City's portion of the costs for providing security at community events.
A- 2 Clerk of the Commission. The City Manager noted that the Operating Supplies
line item includes purchase of permanent record books. The Commissioners asked no questions.
A- 3 Elections. The City Manager indicated this budget unit includes monies for
three elections: the primary election, the general election, and a special election if needed.
The Commissioners asked no questions.
A- 4 City Manager's Office. The City Manager stated the amount in Contracted
Services has been decreased because the Housing Consultant position has been terminated. He
also reminded the Commissioners that under the Employment Agreement, the City provides
funding for a life insurance policy and travel to specific professional meetings; and adequate
monies have been listed on the appropriate line items.
Mayor Weaver asked if the amount listed in the Travel and Schools line item will cover
the contractual requirements; and the City Manager assured him that is an adequate amount.
A- 5 Director of Public Works. Mayor Weaver asked about the small amount listed
under salaries. The City Manager noted that only a portion of the director's salary is paid
through this budget unit; and the remainder of his salary is spread through the divisions
under his department.
I A- 6 Di rector of Public Safety. The City Manager noted that the salary for the
director is handled in the same manner as the above item. The Commissioners asked no
questions.
A- 7 City Attorney. Commissioner Jordan noted that the amount under Contracted
Services is $22,000.00 less than actual expenditures last year. The City Manager noted that
covers outside attorney costs for litigation; and a budget amendment is made to transfer in
adequate monies to cover those costs later in the fiscal year. He noted the $16,000.00
budgeted covers the costs of the prosecuting attorney and membership in Westlaw.
09-03-85
-- ------ --- ~--- -- - --~.._-- --------------
340
Commissioner Anderson noted the amount spent for outside attorneys should be carefully
monitored to determine if it may be more cost effective to hire another full-time attorney. The
City Manager noted that this item is being closely monitored.
Break - 3:55 to 4:00 p.m.
Mayor Weaver declared a break from 3:55 p.m. to 4:00 p.m., in accordance with Commis-
sion policy established at their regular meeting of March 14, 1983. I
Minutes and adjustments to the agenda ~
The minutes of the regular meeting of August 26, 1985, were approved as amended.
None of the Commissioners requested that any of the Consent Items be removed from the
agenda for discussion.
inal Townsite to
orporatlon
City Manager Wysocki stated that Mr. Jim Kommers, Attorney representing Allied Manu-
facturing Corporation. has requested that this item be deferred. The City Manager then
recommended that the Commission table the request indefinitely.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission table action on this item. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson,
Commissioner Jordan and Mayor Weaver; those voting No, none.
City/Count
City Manager Wysocki stated that Commissioner Vant Hull had requested this item be
placed on the agenda.
Mr. Reeves Petroff, Weed Control Officer for Gallatin County, stated that at the last I
legislative session, the Legislature adopted a new weed law which provides a management plan.
He indicated that his presentation today is to make the Commission aware of the new legislation,
which becomes effective on October 1, 1985, and seek authorization to meet with the City
Manager to discuss the possibility of a cooperative effort between the City and County. He
indicated the cooperative effort would basically involve the exchange of equipment and man-
power. He also noted the program would include delineation of the problem, City Commission
endorsement of the weed control measures proposed, and identification of weeds and the control
measures needed. Mr. Petroff then indicated that his primary concern inside city limits is the
spotted knapweed.
Commissioner Anderson asked if there are any operating cooperative agreements in the
state at this time. Mr. Petroff indicated he is not certain, but believes that some of the more
progressive counties may be operating under such agreements. He also noted that the legislation
provides for interlocal agreements so that two or more counties may become involved in a weed
control program.
Mayor Weaver then asked if the weed control program is operated under a district weed
board. Mr. Petroff indicated it is; and that the current board's composition is under the old
legislation.
The Mayor then asked if there is a member from Bozeman on the board. Mr. Petroff indi-
cated there is not at this time. He noted one member must be a resident of a city; and at the
present time that individual is from Three Forks.
Commissioner Vant Hull asked about funding for the weed control program. Mr. Petroff I
stated that up to two mills may be levied for the program; and the County is currently levying
one mill. He also noted that the new legislation establishes a Weed Control Trust Fund,
utilizing $1 million in Coal Severance Tax monies. That fund can be increased to $2.5 million;
and applications may be made to use interest monies for weed control programs. He noted an
eight-member board will then review the applications and determine how those monies will be
utilized.
09-03-85
341
Commissioner Jordan expressed support for the proposed City/County cooperation on the
weed control program.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission expresses its support of the noxious weed program and directs the City staff to
pursue cooperative relationships with the Gallatin County Weed Control Officer which will meet
the needs of the City and the County. The motion carried by the following Aye and No vote:
I those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan,
Commissioner Mathre and Mayor Weaver; those voting No, none.
Weekly staff report - status of water availability for remainder of summer
City Manager Wysocki submitted to the Commission a memo from Director of Public Service
Dick Holmes concerning water availability and consumption during the past week. The City
Manager noted there has been no change in the flow In Lyman Creek or Bozeman Creek. The
City has used 87 acre feet of water from Hyalite Lake during the past week; and the average
daily consumption has been 12.4 acre feet. He also noted the City has 910 acre feet of water
yet available in Hyalite Lake.
City Manager Wysocki then reminded the Commission that the City still needs the existing
watering restrictions to assure an adequate water supply during the winter, when some of the
stream flows freeze and the stored water is needed to supplement the stream rights.
Update on status of convention center/hotel project - Audie Solvie
City Manager Wysocki stated that he had asked Mr. Solvie to attend this meeting to pro-
vide the Commission with an update on the status of his convention center/hotel project.
Mr. Solvie stated that the letter he received from the City Manager asked three ques-
tions and proceeded to answer those questions as follows. The first question asked for the
status of the project drawings. Mr. Solvie indicated that Lowell Springer and Associates have
been retained as architects for this project. He noted that the new firm has done minor work
I on the project since they have been retained. He also indicated that some engineering work
has been done on the foundations. Mr. Solvie stated that architectural and engineering work is
basically on hold until a limited partnership is completed due to the expense involved. He
noted that Mr. Springer has assured him that he will be prepared to expedite the drawings for
the project so that construction could begin within six weeks after he receives word to continue.
The second question in the letter addressed the Industrial Development Revenue bond
issue previously approved by the Commission. Mr. Solvie stated that he has been assured by
those who had previously secured the Industrial Development Revenue bond issue that they are
ready to purchase the bonds at any time. He noted that the costs of financing have decreased
since the bond issue was approved, which will help lower the costs of the project.
The third question to be addressed was on the annexation and zone map change requests.
Mr. Solvie stated that the Certificate of Survey has been completed; and the only requirement
for annexation not yet fulfilled is payment of the cash-in-lieu for water rights. He indicated a
hesitance to incur any additional costs until the limited partnership sales have been completed.
Audie Solvie then stated that the limited partnership is progressing. He noted that
developing the limited partnership while maintaining eligibility for the UDAG funding bears
certain constraints. He also indicated that many of those who have become involved in past
projects are hesitant at this time because of the economic situation, particularly in the northern
part of the state. Mr. Solvie then indicated that the total project costs are estimated at
$6.577.000.00, including working capital. He noted that will be financed through $4 mi IIion in
I ndustrial Development Revenue bonds; $500,000.00 in Urban Development Action Grant funding,
I $1,277,000.00 in limited partnership; and the general partnership will contribute $800,000.00.
Mayor Weaver asked if the Sheraton Hotel Is still committed to the project. Mr. Solvie
indicated they are.
The Mayor then asked if the specifications on the size of the rooms and the key speci-
fications for the convention center will be changed significantly. Mr. Solvie stated that the
plans will not be altered very much. He indicated that the project will be centered around the
convention center faci Iity .
09-03-85
342
Mayor Weaver asked how acquisition of the GranTree Inn will affect this project. Audie
Solvie indicated that his purchase of that hotel has not hurt his ability to move forward with
this project. He also stated that he feels the convention center capabilities exceed the hotel
facilities that will be provided in the project; and there will be an overflow into other hotels
and motels in the area.
Commissioner Anderson asked if the design shown in a recent newspaper article was current.
Mr. Solvie indicated it was not and submitted to the Commission a set of the current drawings. I
Commissioner Vant Hull stated the use of UDAG monies is a vital feature in the funding
of this project. She then asked if the monies will be lost because the time limit is exceeded.
Mr. Solvie stated it is his understanding that the deadline can be extended. He also noted that
the UDAG monies are utilized during the first phases of construction, so they will be dispensed
to the City shortly after construction of the project is begun.
Mayor Weaver stated that it appears the applicant has done as much as appropriate on
the financially driven timeline. He noted other items to be considered include the annexation
and zoning requests.
City Manager Wysocki stated that Mr. Solvie made application for annexation and for a
zone map change on the subject parcel. He noted the public hearings have been conducted on
those items; and decisions are pending on receipt of the executed annexation agreement and pay-
ment of $3.800.00 for cash-in-lieu of water rights. The City Manager also reminded the Com-
mission that approval of the lOR bond issue was for a one-year period beginning July 1, 1984.
He noted that he has suggested that Mr. Solvie request that the annexation and zoning processes
be completed, as well as an extension on the IDR bonds; but no request has been submitted to
date. The City Manager stated that the City Attorney has indicated that if the timeline on
these items becomes too lengthy, she feels the process should be once again completed, rather
than continuing from an expired deadline.
Mayor Weaver noted that Mr. Solvie has indicated a hesitance to act further on the
annexation and zoning requests until the project moves forward. The City Manager reminded
the Commission that annexations and zone map changes are land use items only; and are not to I
be tied to a specific use.
Commissioner Anderson noted that convention centers across the state have been facing
financial problems and asked if those problems have been considered. Mr. Solvie stated that
the anticipated negative cash flow has been projected and taken into consideration.
Commissioner Jordan noted the City has supported and waited on this project for about
one and one-half years. He also noted that Mr. Solvie has leveraged as much funding as
possible; but he has indicated a hesitance to pay the $3.800.00 cash-in-Iieu of water rights.
The Commissioner then stated he is not sure the City should continue to wait for this project to
become a reality.
Mr. Solvie stated that projects of this size quite often take an extended period of time to
complete. He also noted that economic situations often control how fast a project moves forward;
and this is a depressed cycle.
The City Manager stated there is a deadline for the utilization of UDAG monies. He
noted if that deadline is not met and the monies are lost, the financial problems will be
compounded. He then indicated that he would like to see UDAG monies brought into the community
if possible. He noted the Commission must now determine if there has been sufficient change to
reconsider support of this project.
Mayor Weaver requested that a staff recommendation on whether the Commission should
consider necessary actions on the Industrial Development Revenue bond issue be placed on the
agenda as soon as possible.
B rea k - 4: 55 to 5: lOp. m . I
Mayor Weaver declared a break from 4:55 to 5:10 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
est ion that a scheme to minimize visual im act of the water
City Manager Wysocki stated that the Commission received a memo last week suggesting
09-03-85
.343
that a competition be conducted for painting of the water tank. He noted that Mr. George
Mattson is present to discuss this item. The City Manager also noted that the Commission has
received a memo from Commissioner Vant Hull concerning paint for the water tower. He then
submitted to the Commission a memo from Joel Shouse, Chairman of the City-County Planning
Board, suggesting that the Planning Board may be willing to sponsor the competition.
Mr. George Mattson stated no group has been formed but that the memo was signed by
I interested individuals. He noted many people are unhappy about the location of the water tank,
which is in an R-2 district, as well as its visibility. He also indicated that people feel the
notification and hearing process for the water tank has been less than good and suggested that
a competition for a proposal to minimize the visual impact of the water tank may be a way in
which to draw the community together. Mr. Mattson indicated that the proposed competition
cou Id include painting schemes, landscaping proposals. and other suggestions, noting that
fantasies and all types of proposals would be welcomed. He noted the City could indicate its
willingness to review proposals and, if one appears realistic and financially feasible, the City
could proceed with carrying out of the proposal.
Mr. Mattson indicated that no definite plans for conducting a competition are being sub-
mitted at this time. He noted that having the City-County Planning Board sponsor the competi-
tion may be an option, or the Commission may wish to consider asking the Arts Advisory Commit-
tee to review the proposals and submit a recommendation. He also suggested that a deadline be
established for entries; that they be displayed for public review and comment; and that the
Commission accept public comment, along with the recommendation from whatever body, prior to
making a decision. Mr. Mattson noted that financing of the project could also be discussed,
noting that he has already received one unsolicited $500.00 pledge.
Commissioner Vant Hull suggested that an entry fee and display fee could raise monies
for the project. Mr. Mattson noted that would be possible, but it would create a large amount
of additional work.
Commissioner Jordan stated the reason for the water tank must be considered. He noted
I that the tank has been constructed to provide public safety needs for the subdivisions in that
area as well as the new hospital. Also, he noted the tank needed to be a specific height to
equalize the pressure in the City's water system; and the existing height is the lowest possible
to meet those requirements. The Commissioner stated that residents of the area must consider
those items, noting that he lives in a subdivision which is close to the water tank.
Mrs. Wi II iam Peters. 1917 Baxter Drive, stated she has heard that for $100,000.00 the
water tank could have been moved down the hill into a natural depression and asked why that
was not done. The Mayor noted that is a technical question and suggested that she discuss the
matter with the Director of Public Service.
Mr. James Veltkamp, 1804 Kenyon Drive, stated they purchased their lot five years ago
and have received no formal notification that a water tank would be constructed next to their
home. He indicated that he had spoken with the Director of Public Service when he first heard
of the possibility and understood that a water tank would be located quite some distance from
his site. Mr. Veltkamp also noted that he has just recently sent a letter to the City Commis-
sion on this matter because he feels the valuation of his property has decreased with the
construction of the water tank.
Mr. Veltkamp then indicated he is interested in how the City plans to correct the
existing situation, noting that he feels landscaping may be very helpful. He also stated that he
feels the tank should be painted all one color, with large evergreens and nice landscaping in
the park area. Mr. Veltkamp then stated his biggest disappointment in the entire process was
the lack of being informed about the project.
I Mr. Walt Martel, 1603 South Willson Avenue, stated he owns a lot close to the new water
tank, upon which he plans to build. He indicated that the water tank is a necessary evi I for
the City to provide adequate water service now and in the future; and residents must accept
that. He stated he feels that if the City develops the park and transplants large evergreen
trees to surround the water tank. it will increase the beauty of the ridge. Mr. Martel stated
that his research of the matter has indicated that the new water tank must be at the same
elevation as the concrete storage tank located along Sourdough Road to maintain the water
pressure for gravity flow. He also noted that the costs involved in methods to induce pressure
09-03-85
34/t
and control valves are prohibitive. He indicated that he also feels that the property valuation
in that immediate area has decreased because of the water tank. However, he feels that land-
scaping as much as possible in the park area will minimize the effects of the water tank on the
surrounding area.
Mr. Dan Shyre noted that the City has received requests to take steps to minimize the
visual impact of the water tank. He then encouraged the Commission to avoid redundant costs.
He expressed concern that the paint being applied to the tank as part of the contract could I
easily last for several years, but may be quickly covered up with a new painting in the near
future, thus creating unnecessary costs.
Mr. Gary Bates, sculptor and resident outside city limits, stated that people know that
the water tank is a reality and is necessary, but its impact can be diminished. He also noted
that with the different seasons and lighting, it is impossible to camouflage the tank, but it can
be beautified. Mr. Bates also noted the public sentiment is to do something about the tank's
appearance; and he feels that proposals should be considered.
Mayor Weaver noted that winter is rapidly approaching; and no action on landscaping or
additional painting can be considered until next spring or summer. The" Mayor then asked if
the Commission should create a committee to work with the City staff.
City Manager Wysocki indicated that the Commission should establish parameters if it
wishes to receive proposals. He also noted that Josephine Park, which surrounds the water
tank, contains about four acres; and the City and hospital have discussed developing a portion
of the site as a terminus point for a recreation trail system along the ridge. He suggested that
possibly the people in the area may wish to discuss landscaping possibilities with the City staff
in an attempt to provide an acceptable plan. The City Manager indicated he feels two separate
items have been discussed--painting of the tank and landscaping of the park area.
Mayor Weaver suggested that the Commission allow the City Manager sufficient time to
consider this proposal and how the City staff should become involved, with a recommendation to
be submitted to the Commission as soon as possible.
Recess - 5:55 p.m. I
Mayor Weaver declared a recess at 5:55 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m.. for the purpose of conducting the
scheduled public hearings and completing the routine business items.
Public hearing - Conditional Use Permit - James A. Boqen - allow the serving of beer at a
com-operated laundry - Lot 7, Block 2, University Square SubdivIsion (502 South 23rd Avenue)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by James A. Bogen to allow the serving of beer at a coin-operated laundry located in
Lot 7, Block 2 of the University Square Subdivision. This site is more commonly known as 502
South 23rd Avenue.
Mayor Weaver opened and continued the public hearing until a recommendation is received
from the Zoning Commission.
Public hearing - Commission Resolution No. 2566 - intent to annex - 1.925-acre tract known as
Tract 1 of cas No. 688, located in the SEt of Section 18, T2-S-, R6-r, MPM (east of South Rouse
Avenue and south of East Lincoln Street extended) - McRay Evans Annexation
This was the time and place set for the public hearing on Commission Resolution No. 2566, I
as prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2566
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
09-03-85
.345
Mayor Weaver opened the public hearing.
Assistant Planner Dave Skelton presented a brief summary of the Staff Report. He remind-
ed the Commission that the Staff Report indicates that the requested annexation meets most of
the annexation goals and policies established by the City Commission and recommends that the
annexation be approved. The Assistant Planner then noted that the amount for the cash-in-Iieu
of water rights payment has been established; and the applicant has acknowledged receipt of
I that information. He indicated that the applicant will provide that payment after the City has
indicated its intention to proceed with the annexation.
Commissioner Jordan asked if the entire parcel initially requested is being considered in
this annexation or if a portion has been eliminated. The Assistant Planner stated that the
entire parcel is being considered. He noted that its current use as horse pasture is
a nonconforming use and will remain as such until that use has lapsed for at least ninety days.
He indicated that annexation and zone map change actions have no effect on that nonconforming
use.
Mr. McRay Evans, applicant, thanked the City staff and the Commission for the time spent
on this request. He then requested that the Commission consider the request favorably.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Public hearing - Commission Resolution No. 2567 - intent to annex - 2.027-acre tract located in
the SE! of Section 11, T2S, R5E, MPM (north side of West Main Street, just west of the Bobcat
Lodge) - Stephens Annexation
This was the time and place set for the public hearing on Commission Resolution No. 2567,
as prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2567
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
I CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Mayor Weaver opened the public hearing.
Assistant Planner Dave Skelton presented a brief summary of the Staff Report. He remind-
ed the Commission that the Staff Report indicates that the requested annexation meets most of
the annexation goals and policies established by the City Commission and recommends that the
annexation be approved. The Assistant Planner then noted that the amount for the cash-in-lieu
of water rights payment has been established; and the applicant has acknowledged receipt of
that information. He indicated that the applicant will provide that payment after the City has
indicated its intention to proceed with the annexation.
Commissioner Vant Hull asked Mr. Stephens if he has any plans for development of the
site at this time. Mr. Stephens indicated he has no plans for development at this time, al-
though he will be participating in the installation of water and sewer lines and the common
street with Mr. Wallin.
Mr. Stephens then thanked the City staff and the Commission for consideration of this
request and requested favorable consideration.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Discussion - Cities and Towns memo concernin nominations for President
and ~econd esolutions for consideration during the Convention
City Manager Wysocki submitted to the Commission a memorandum from the Montana League
I of Cities and Towns indicating that it is receiving nominations for the positions of President and
Second Vice-President, as well as suggested resolutions for consideration during the League
Convention to be held in Missoula.
The Commission discussed possible names to be submitted for the two open positions, but
no nominations are to be submitted to the League.
Commissioner Mathre noted that there is no legislative session this year; and Alec
Hansen has indicated it may be best to defer legislative items until next year. She noted that
09-03-85
348
resolutions which affect the manner in which the League functions may be appropriately con-
sidered at this year's meeting.
Commissioner Vant Hull suggested that the League and the Urban Coalition may wish to
consider support of a sales tax during the next legislative session, as well as a payroll tax.
Commissioner Mathre noted the Executive Board established a committee to investigate the
possible support of a sales tax.
Mayor Weaver requested that Commissioner Vant Hull draft a proposed resolution on those I
two items for consideration at next week's meeting.
City Manager Wysocki suggested that if the Commissioners have any additional suggestions,
they submit those items to the Clerk of the Commission later this week for discussion at next
week's meeting.
Review of letter of appreciation drafted by Commissioner Anderson to members of the Housing
Comml ttee
City Manager Wysocki noted the Commission has received a letter of appreciation to the
members of the Housing Committee, as drafted by Commissioner Anderson.
The Commission reviewed the draft letter and concurred that the first sentence in the
third paragraph should be ended at "community," deleting "to understand and to implement."
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the draft letter, as revised. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner
Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none.
Ordinance No. 1188 - amending Sections 10.32.240 and 10.32.340 of the Bozeman Municipal Code
re parking
City Manager Wysocki presented Ordinance No. 1188, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1188 I
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING
SECTIONS 10.32.240 AND 10.32.340 OF THE BOZEMAN MUNICIPAL CODE
PROVIDING FOR THE ESTABLISHMENT OF PARKING REGULATIONS ON ANY
STREET AND APPLYING A VEHICLE OWNER'S RESPONSIBILITY TO ALL
PARKING RESTRICTIONS IMPOSED BY CHAPTER 10.32 OF THE BOZEMAN
MUNICIPAL CODE.
City Manager Wysocki reminded the Commission that this ordinance was provisionally
adopted two weeks ago. He then recommended that the ordinance be finally adopted at this
time.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission finally adopt Ordinance No. 1188, amending Sections 10.32.240 and 10.32.340 of the
Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner
Vant Hull and Mayor Weaver; those voting No, none.
Discussion - ballot question re acquisition of fire trucks and other City equipment
City Manager Wysocki stated the City staff has been pursuing possible methods for
acquisition of new fire trucks and other needed capital equipment. He noted the City has a
1955 ladder truck which is no longer reliable; and a replacement must be considered to assure
adequate fire protection. The City Manager stated one of the options considered for funding of
the capital items was a General Obligation bond issue; however a 40 percent voter turnout is
required for a valid election. He noted this year's election turnout, if it follows the trend set I
during the past ten years, will be substantially less than 40 percent. He indicated a second
option considered was authorization for extended lease/purchases for various capital equipment
items; however, a special mill levy to service that obligation could be for no more than two
years. City Manager Wysocki then indicated that the third option would be to place a special
mill levy on the ballot in November to raise sufficient monies to purchase a 100-foot ladder
truck at an estimated cost of $350,000.00 to $400,000.00. The City Manager then noted that
demonstrators often become available at this time of the year; and if the question is approved
09-03-85
347
on the ballot, the City could obtain a new ladder truck immediately rather than the L:sual
twelve- to fourteen-month delay while the unit is being constructed.
The City Manager then suggested that the Commission may wish to consider placing a
General Obligation bond issue question on next year's ballot, when some of the Congressional
seats are open. He noted that if the special mill levy is approved this year and the General
Obligation bond issue is approved next year, a portion of the proceeds from the G. O. bond
I issue could be utilized for the second payment on the fire truck rather than assessing the
special mill levy.
Commissioner Mathre asked if Revenue Sharing monies would be applied toward the purchase
of a new ladder truck. The City Manager expressed concern about utilizing Revenue Sharing
monies for this item. He noted that if the bids came in higher than the amount received
through a mill levy, Revenue sharing monies could be used for the difference, but he feels
those monies should be retained for other capital items if possible.
Mayor Weaver noted that public safety is the first obligation of government; and the City
must have equipment to provide adequate fire protection. The City Manager noted that if ade-
quate fire protection is not provided, the fire insurance premiums for residences and businesses
increase. The people in the community would then be paying increased costs for fire protection
and insurance, but the City would still be without adequate equipment.
Following discussion, the Commissioners concurred that the question of a special mill levy
of approximately eight mills for two years for the purchase of a ladder truck be placed on this
year's general election ballot. Also, the General Obligation bond issue question. to provide
long-term financing for additional pieces of capital equipment, should be considered for next
year's general election ballot, when the chances of a 40 percent voter turnout would be greater.
The Mayor requested that a Commission Resolution to place this item on the ballot be
prepared for consideration at next week's meeting.
Break - 8:00 to 8:10 p.m.
I Mayor Weaver declared a break from 8:00 to 8:10 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) A letter from Ariella M. Kutzman, 1021 East Curtiss Street. stating support for the
white paint currently on the water tank and suggesting that it remain this color.
(2) A letter from Frank E. Mattson, 1701 South Black Avenue, indicating a willingness
to help with a landscape design for the parkland area surrounding the new water tank.
(3) A memo from the Clerk of the Commission listing the applicants for the Historic
Preservation Commission. The City Manager noted that appointment of the members will be
placed on next week's agenda.
(4) A letter from Mike Hoey regarding a public fire/safety education program through
the Fire Division.
(5) A letter from Representative Pat Williams concerning the General Revenue Sharing
program.
(6) A tentative agenda for the Montana League of Cities and Towns Convention to be
held in Missoula on September 18-20. The Commissioners all expressed an interest in attending
the Convention; and the Clerk of the Commission is to complete the necessary registration forms
and motel reservations.
I (7) The City Manager reminded the Commission that the County Commission will be
conducting a public hearing on a Community Development Block Grant application tomorrow night
at 7:30 p.m. in the Community Room of the Gallatin County Courthouse. He noted that he will
attend the meeting and invited any interested Commissioners to attend.
Consent Items
City Manager Wysocki presented to the Commission the following "Consent Items."
09-03-85
348
Application for Gaming License - Cat's Paw, 721 North 7th Avenue - one
electronic video draw poker machine - through June 30, 1986 (at
maximum number of games and tables allowed per Ordinance No. 1181
Application for Gaming License - The Molly Brown, 703 West Babcock Street -
two electronic video draw poker machines - through June 30, 1986
Claims
It was moved by Commissioner Mathre. seconded by Commissioner Vant Hull, that the Com-
mission approve the Consent Items as listed above, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No I
vote: those voting Aye being Commissioner Mathre. Commissioner Vant Hull, Commissioner
Anderson, Commissioner Jordan and Mayor Weaver; those voting No. none.
Work session (continued) on City Manager's recommendations for the FY1985-86 budget
City Manager Wysocki continued the process of reviewing the various budget units, as
follows:
A- 8 Litigation. The City Manager noted there is no division request for this
budget unit, since these expenses are paid through the City Attorney's budget unit. The
Commissioners asked no questions.
A- 9 Financial Administration. The City Manager indicated that purchase of the IBM
System/38 computer has required an increase in the Rents and Leases line item. Also, a main-
tenance contract must be entered into for that piece of equipment and the terminals. The Travel
and Schools line item contains monies for the recruitment of a new Director of Finance as well
as attendance at various schools. The minor equipment to be purchased through this budget
includes divider walls for the Purchasing Division and a perforator. The Commissioners asked
no questions.
A-l0 Engineering. The City Manager stated that the increase in Operating Supplies
is to cover costs of small surveying equipment as well as software for the computer. He also
noted that implementation of the industrial pretreatment program and items pertaining to the
landfill require additional travel during the upcoming year. The Commissioners asked no
questions. I
A-ll City Court. The City Manager noted that Office Supplies and Operating Supplies
have been combined for this budget unit. He also indicated that the amount for Postage has
been increased due to new notification requirements. Contracted Services has been increased
due to an increase in court-appointed legal counsel. The Travel and Schools line item covers
expenses for the Judge to attend two required court schools. The City Manager then indicated
that the Other category covers the costs of jury trials; and the witness fees and jury fees were
increased during the past legislative session.
A-12 Police Division. The City Manager stated that the Humane Society costs are
listed in the Contracted Services line item. The Travel and Schools line item has been in-
creased to provide monies for training of a replacement for Ron Green, who has been Sergeant
in the Detective Division. Also. five new patrolmen have been hired and must receive adequate
training; and one police officer will attend the FB I Academy soon; and another will be attending
before the end of the fiscal year.
Mayor Weaver noted that the amount listed for Travel and Schools is less than 1 percent
of the personnel budget. He expressed concern that the amount budgeted for training of public
safety personnel is low and should possibly be increased. City Manager Wysocki stated that the
Chief of Police has indicated he is satisfied with the $5,900.00 listed in the recommendation.
Commissioner Vant Hull expressed concern that the City has sent employees to school,
only to have that employee quit shortly thereafter. She suggested that the City may wish to
implement a policy that if an employee quits within one year after the school, those costs I
incurred must be repaid.
The City Manager then indicated that the amount budgeted in the Other category covers
towing charges.
A-13 Fire Division. City Manager Wysocki indicated that the Repair and Maintenance
of Buildings line item includes the purchase of materials for renovation of the shower and
bathroom at Fire Station No.2. He noted that last year, the City purchased the necessary
materials to reroof Fire Station No.2; and the firefighters installed those materials. He
09-03-85
.349
indicated they will also renovate the bathroom; and they will also put on new siding and insu-
late Fire Station No. 2 during the upcoming year, with materials purchased by the City.
Commissioner Vant Hull stated she feels the Commission should express its appreciation
to the fi remen . Mayor Weaver asked her to draft a letter of appreciation, for review at next
week's meeting.
The City Manager then noted that the amount budgeted for Water and Sewer Services
I has been reduced dramatically. He stated that the last PSC Order required that the City pay a
flat rate for water used through the fire hydrants; and the new request before the PSC would
eliminate that charge. City Manager Wysocki then stated that the Travel and Schools line item
provides for monies for attendance at conferences and seminars as well as sending personnel to
the National Fire Academy.
Mayor Weaver noted that, once again, this public safety division has less than 1 percent
of its personnel budget listed in the Travel and Schools line item.
A-14 Building Inspection. The City Manager noted that this budget unit has been
increased because the costs for the Board of Adjustment were transferred from the City Commis-
sion budget unit to this one. He also noted that the Contracted Services line item included the
costs of the building inspector for the new hospital during the past fiscal year. He noted an
amount has been budgeted into that line item for the upcoming year to cover any new large
commercial ventures which may be undertaken. The Commissioners asked no questions.
A-15 Streets. The City Manager stated this budget unit must be considered with
the next budget unit to get an overall view of the monies spent for maintenance of streets. He
noted that the salaries have been split differently from last year's. He also noted the sizable
increase in the costs for Gas and Electric Service is due to an increase in the costs for street
lighting. He then indicated that the small capital items include replacement of a door on the
sand storage building. The Commissioners asked no questions.
A-16 Gas Tax Apportionment. City Manager Wysocki stated that the Contracted
Services line item covers the costs of the seal coat improvement project which is done each
I summer. The Other category covers the City's payment for SID No. 647, for construction of
Highland Boulevard. The Commissioners asked no questions.
A-17 City Hall Complex. The City Manager noted that an amount has been included
in the Salaries, Wages and Benefits line item to cover a portion of the light maintenance man's
salary. He reminded the Commission that these costs were listed in a separate budget unit last
year to establish historical data on which to base future budgeting. He also noted that the
Contracted Services line item includes the cost of the janitorial services; and that amount is
higher because the police and fire building has been included in this budget unit. The City
Manager also stated that the final payment for the elevator is included in the Other line item.
The Commissioners asked no questions.
City Manager Wysocki encouraged the Commission to consider completion of this review
process prior to conducting the public hearing next Monday evening. Followi ng a discuss ion,
the Commission decided to begin a work session at 2: 00 p.m. next Monday, in an attempt to
complete this process prior to the public hearing at 7:00 p.m.
Adjournment - 9:10 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those
voting No, none.
I KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
09~03-85