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HomeMy WebLinkAbout1983-08-01 218 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 1, 1983 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 1, 1983, at 4:00 p.m. . Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the special meeting of July 13, 1983 and the regular meeting of July 25, 1983 were approved as corrected. Action on the minutes of the regular meeting of June 20, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be removed for discussion. Open bids - tractor with mounted mowers for Waste Water Treatment Plant (EPA participation in funding) This was the time and place set for the opening of bids for the purchase of a tractor with mounted mowers for the Waste Water Treatment Plant. The City Manager stated that EPA participation in funding of this tractor will be at the rate of 75 to 85 percent of the purchase price. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids for the purchase of a tractor with mounted mowers for the Waste Water Treatment Plant be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I The 'following bid was then opened and read: Base Bid Western Equipment Company Billings, Montana $32,214.00 City Manager Evans recommended that the bid be referred to staff for review and a recommendation to be submitted at next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bid be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those votin.g No, none. Public comment - Commission Resolution No. 2467 - intent to exceed certified mill levy for FY 1983-84 This was the time and place set to receive public comment on Commission Resolution No. 2467, stating the City's intention to exceed the certified mi II levy for Fiscal Year 1983-84. Mayor Stiff opened the public comment portion of this item. No one was present to speak on the City's intention to exceed the certified mill levy for Fiscal Year 1983-84. Mayor Stiff closed the public comment portion of this item. He stated that the Commis- I sion will consider adoption of the Commission Resolution setting the mill levy for Fiscal Year 1983-84 at its regular meeting to be held on August 15, 1983. Preliminary Plat Review - Johnson Subdivision - Tract 39A, COS 983, Northeast Annexation - 210 East Griffin Drive City Manager Evans presented to the Commission the Preliminary Plat for Johnson Sub- division, located in Tract 39A, Certificate of Survey No. 983, Northeast Annexation, more commonly known as 210 East Griffin Drive. 08-01-83 217 Assistant Planner Mike Money stated the Planning Board had considered this Preliminary Plat at its meeting held on July 14, 1983. The Planning Board recommended that the Commis- sion approve the Preliminary Plat, subject to five conditions. The Assistant Planner then reviewed the recommended conditions. Commissioner Vant Hull asked if the Police and Fire Divisions have any problems with I cul-de-sacs that are over 500 feet in length. Assistant Planner Money replied that the Fire Division can have problems reaching a fire on a long cul-de-sac if an accident or other street blockage prevents their driving to the site of the fire. Commissioner Vant Hull asked if prospective buyers are made aware of the 500-foot length limit for cul-de-sacs. Assistant Planner Money stated that the Planning Staff attempts to connect streets within a proposed subdivision with existing streets or extensions of existing streets. He stated if that is not possible, longer cul-de-sacs may be required to allow for development of an entire sub- division. Commissioner Anderson noted that Don McLaughlin, Planning Board member, had expressed concern that the proposed street does not align with the street on the south side of Griffin Drive. She asked whether this offset would create problems since Griffin Drive is an arterial street. Assistant Planner Mike Money stated that the street in this subdivision cannot be aligned with the other street because it would cause a portion of the subdivision to become undevelopable due to required setbacks. City Manager Evans recommended that the Commission approve the Preliminary Plat for Johnson Subdivision, subject to the five conditions recommended by the Planning Board. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the Preliminary Plat for Johnson Subdivision, located in Tract 39A, Certificate of I Survey No. 983, Northeast Annexation, more commonly known as 210 East Griffin Drive, subject to the five conditions recommended by the Planning Board as follows: 1. That the City of Bozeman grant a variance which would allow the street to exceed the 500-foot maximum length required in the adopted Subdivision Regulations. 2. That copies of covenants or restrictions, if any, be submitted to the Planning Staff for review and approval. 3. That the Certificate of County Commissioners be changed to Certificate of Local Governing Body, and a Certificate of Director of Public Works be added. 4. That an encroachment permit be obtained for access onto Griffin Drive. 5. That if the plat is to be filea prior to all improvements being installed and approved by the City of Bozeman, the developer enter into an Improvements Agreement with the City and that it be secured by an acceptable method of security equal to the amount of the cost of installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved per Sections 2.5 and 10.2-1 prior to submittal of final plats. The Improvements Agreement will contain a construction time schedule and a method of payment to the City for the inspection of the improvements' installation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Authorize Ma or to si n - A reement for ICMA/Wyatt Insurance and Risk Mana ement Services, to conduct . Insurance and rls management au It City Manager Evans presented to the Commission the Agreement for ICMAIWyatt Insur- ance and Risk Management Services to conduct an insurance and risk management study. The City Manager stated he feels it would be in the best interests of the City to have an outside firm review the City.s current insurance coverage and submit its recommendation. Commissioner Anderson noted that the Commission had expressed concern about the City's insurance coverage several months ago. She stated support of the proposed audit and asked if 08-01-83 218 this audit would be based on Montana's requirements or on national standards. Director of Finance Swan stated that the questionnaire to be completed and submitted for the audit is lengthy. She noted that the questionnaire requests information on the Montana Code Annotated and any insurance requirements. Commissioner Mathre asked the City Attorney if she had reviewed the agreement. City Attorney Crumbaker-Smith stated that she had reviewed the agreement and has I approved it as to form. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Agreement for I CMAIWyatt I nsurance and Risk Management Services to conduct an insurance and risk management audit for the City of Boze- man. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Ordinance No. 1135 - Salary Ordinance for FY 1983-84 City Manager Evans presented Ordinance No. 1135, as prepared by the City Attorney, entitled: ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager noted the Commission had provisionally adopted this Ordinance at their regular meeting of July 18, 1983. City Manager Evans then recommended that the Commission finally adopt Ordinance No. 1135. Commissioner Vant Hull stated that the Commission should consider an alternative to straight percentage increases in the future. She noted that with percentage increases, the higher salaries receive larger increases and the difference between the initial salaries is spread I even further. Commissioner Weaver stated that, hopefully, in the future, salary adjustments can be based on merit rather than on the rate of inflation. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1135, setting the salaries of specified City employees for Fiscal Year 1983-84. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Approval of letter to Congressmen re Revenue Sharing monies Commissioner Weaver stated he had called the National League of Cities office and had learned that the bill for Federal Revenue Sharing monies was out of committee and on the House Floor. He stated the Senate will consider a bill on Revenue Sharing later this week'. The Commissioner then stated he had called the office of each of the four Montana Congressional delegates on Friday and had urged them to support the continuation of the Federal Revenue Sharing Fund program. Commissioner Weaver then stated he had not drafted a letter for Commis- sion approval since the House and the Senate will both vote on the issue during this week. Staff report - Preliminary report from consultants Commissioner Weaver stated he had requested this item be added to the agenda to remind I the staff that the Commission had requested a preliminary report from the consultants on the procedure to be used in the study of charging impact and hook-up fees. He indicated that he would like to have a representative of the consulting firm address the Commission and state how they perceive the problems and how they plan to proceed. City Manager Evans noted that the Commission had received a brief report from the con- sulting firm at their July 18, 1983 meeting. He stated the staff will contact the consulting firm and request that a representative address the Commission at a future meeting. 08-01-83 219 Discussion - Revenue estimates for FY 1983-84 Mayor Stiff stated that he had requested this item be added to the agenda. He noted that several months ago, he had expressed concern about the Commission's failure to review the revenue estimate in detail during the adoption of previous Appropriation Ordinances. He noted that two errors have been made in the revenue estimates in recent years. The Mayor stated I that he has spoken with the Director of Finance, who suggested that he meet with the City's Controller and the County's Administrative Assistant concerning the anticipated revenues and the bookkeeping systems utilized by both entities. Mayor Stiff requested authorization from the Commission to pursue this recommended course of action and suggested that the Commission consider a special meeting to review the anticipated revenues. Commissioner Weaver suggested that the City staff provide a walk-through of the antici- pated revenues for the Commission. He noted that there are several variables in the City's revenu,es, which create problems when attempting to estimate those revenues. He noted that this would be an educational process for the Commission. The Commissioner then indicated the Commission would be more aware of the flexibility in the budget and the risks that may be taken if they are more aware of the funding sources. Commissioner Anderson suggested that the Commission meet early next week for a work session on the revenue portion of the Appropriation Ordinance. Commissioner Vant Hull asked if the City is receiving sufficient documentation from the County on the monthly disbursements. The Commission concurred that Mayor Stiff be authorized to meet with the City's Con- troller in preparation for the work session on the revenue portion of the Appropriation Ordin- ance, which is to be held at 3:00 p.m. on August 8, 1983. Discussion - Lyman Creek Reservoir water City Manager Evans stated that Commissioner Vant Hull had requested this item be added I to the agenda due to the article which appeared in the Bozeman Daily Chronicle concerning giardia cysts in the water supply. Commissioner Vant Hull stated that various residents living on the City's north side have express~d concern about the Lyman Creek Reservoir water supply, which is located on the City's north side. She asked if chlorination of the water will need to be as high after the Water Filtration Plant is installed as it is now. City Manager Evans stated the water in Lyman Creek wi" be re-tested, due to uncer- tainty that the equipment was clean when the test was begun. He stated that the results of the second test should be available during August. The City Manager then stated there is no transmission line from the source of Lyman Creek to the Lyman Creek Reservoir. Also, he stated, there is no transmission line in the present construction plans from the Lyman Creek Reservoir to the Water Treatment Plant. He noted that preliminary cost estimates for a transmission line from the head of the spring to the reservoir are $250,000.00. Commissioner Weaver asked if the City could eliminate this source of the City's water supply. City Manager Evans stated he does not feel it would be possible to eliminate this source completely. Commissioner Vant Hull suggested that the Commission direct the staff to investigate the potential problems and suggest solutions to the water supply problems. Commissioner Anderson stated she has suggested several times that a water inventory, listing both quantity and quality from various sources, is needed. She stated that a complete I overview of the City's water supply is needed for the City to address water issues. Ms. Adele Pittendrigh, 505 North Tracy, stated she is concerned not only with possible contamination by giardia cysts, but the heavy chlorination as well. She also stated concern that the water supply for the north side of the city wi II not be treated. Ms. Pittendrigh indicated that she is surprised by the decision to treat the water from other sources, but not from Lyman Creek. City Manager Evans stated the cost of piping water from the Lyman Creek Reservoir to the Water Treatment Plant and back into the City's water supply would be extensive. 08-01-83 22U Commissioner Weaver stated that the preliminary question is whether there is a problem with the City's water supply. He noted Ms. Pittendrigh had indicated that, even if a problem does not exist at this time, it could exist in the future. He also noted that the cost/benefit relationship of running five to ten percent of the City's water supply uphill to the Water Filtration Plant must be considered, and does not appear to be the solution. Commissioner Vant Hull stated that another question to be answered is whether the north I side residents will need to continue drinking more heavily chlorinated water than the rest of the community. Commissioner Anderson asked if there would be any possibility of isolating the water supply from Lyman Creek so that contamination could be eliminated. City Manager Evans stated that piping from the spring head to the reservoir would eliminate contamination, which occurs while the water is in an open stream. The City Manager then stated that many of the questions being asked are technical questions that require answers from some of the staff. He suggested that the questions be reflected in the minutes so that the staff may review them and answer as many as possible. The following questions were then listed by the Commission: (1) is there a basis for stating that giardia cysts exist in Lyman Creek, and what is the likelihood of possible future contamination; (2) what is the anticipated chlorination regimen for Lyman Creek; (3) in what portion of the year is Lyman Creek water used, and to what extent; and (4) does Lyman Creek water enter into the water supply for the south side of the city, or is it strictly utilized by the residents on the north side. Mayor Stiff requested that the Commission carefully review these questions and use them as the basis for the next discussion on this matter. Consent Items I Mill Fire District It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the above-listed items be approved, and the appropriate person be authorized and directed to take the necessary action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Recess - 5:05 p.m. Mayor Stiff declared a recess at 5:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearings. 08-01-83 221 Public hearinq - Zone Map Chanqe - Michaela Shyne - R-4 and RS-l to R-4 - COS 666, Bozeman Creek Annexation (719 South Church AvenueT This was the time and place set for the public hearing on the Zone Map Change requested by Michaela Shyne to change the zoning from R-4 and RS-l to R-4 for Certificate of Survey No. 666, Bozeman Creek Annexation, located in Sections 7 and 18, Township 2 South, Range 6 I East, M.P.M., or more commonly located at 719 South Church Avenue. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that this parcel of land currently lies in two different zoning districts. The applicant is requesting that the zoning be changed from R-4 and RS-l to R-4, medium-density residential, only so the property can be developed. The Zoning Commission has recommended approval of the requested Zone Map Change. Commissioner Vant Hull asked if the size of the water and sewer mains in the area will create any problems. She noted that concern was expressed when the Ice Pond Townhouse development was approved. Assistant Planner Mike Money stated that the size of the water and sewer mains could determi ne the extent of development in the area. He noted that the R-4 district allows up to twenty units per acre; and this parcel is approximately H acres in size. Commissioner Anderson asked if this development would impact Sourdough Road. The Assistant Planner stated this had been discussed at the Zoning Commission meeting. He stated that improvement of Kagy Boulevard should relieve the impact on Sourdough Road. Commissioner Vant Hull noted that the Master Plan proposes R-3 and R-4 zoning for this area. She asked if a portion of the area will be rezoned R-3. Assistant Planner Money stated that the availability of City services will be a determining factor in rezoning the remainder of the area. Mr. Ray White, representing the applicant, stated that Mrs. Shyne had purchased this I parcel through a family estate settlement. He indicated that his grandfather had purchased the original parcel in 1892. He noted that originally, a portion of the property was located within the city limits and a portion was outside city limits. He stated that in 1974 the Bozeman Creek Annexation had incorporated that portion outside the city limits, but the zoning had not been changed from RS-l through an oversight. He stated support for the rezoning of this property. Mr. White also stated that Sourdough Creek runs through the property, and Bozeman Creek runs beside the property. He noted that after the stream bank setback requirements and flood plain regulations have been observed, the usable area is approximately 6,500 square feet. Mr. William Davis, also representing the applicant, stated support for the requested Zone Map Change. He noted that this change is necessary to provide for development of the parcel. No one was present to speak in opposition to granting of the requested Zone Map Change. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - James Lee - allow a restaurant on Lot 3, West Main BUSiness Plaza (525 Professional Drive) This was the time and place set for the public hearing on the Conditional Use Permit requested by James Lee to allow a restaurant on Lot 3 of the West Main Business Plaza, more commonly known as located at 525 Professional Drive. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted the Zoning Commis- I sion had recommended approval of the Conditional Use Permit, subject to eleven conditions. The Assistant Planner stated that the condition concerning installation of the subdivision improvements applies to the owner of the subdivision, which is currently Gene Cook. Mr. Corbin Ross, Architect representing the applicant, stated that the applicant agrees to all of the conditions recommended by the Planning Staff and the Zoning Commission. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. 08-01-83 222 Public hearing - Tentative Appropriation Ordinance for FY 1983-84 This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for Fiscal Year 1983-84. Mayor Stiff opened the public hearing. Commissioner Anderson stated the amount listed under "Revenues -- one-time Block Grant distribution" should be increased from $20,000.00 to $26,214.00 to reflect the actual monies to I be received. City Manager Evans noted that action on the Tentative Appropriation Ordinance is now a Commission action. He stated that if revenues are added, the expenditures must also reflect the same amount. He noted that the City is currently waiting for County Commission action to determine how much shortfall exists in the proposed Library budget. Commissioner Weaver indicated that the Commission has basically determined its course of action. He suggested that action be deferred until the actual amount of County funding is determined. The Commissioner then noted that 46 percent of the revenues for the General Fund are derived from property taxes; and the remaining 54 percent is from non-property tax sources, of which $95,170.00 is Federal Revenue Sharing Fund monies. Commissioner Vant Hull stated that possible funding of the historic zoning regulations and the view protection zoning has not been resolved. She stated that she has not ta I ked to Planning Director John Moss about the possibility of completing these two projects during this fiscal year. City Manager Evans suggested that the Commission submit a request to the City-County Planning Board for tre completion of the two projects, rather than requesting information from the Planning Director. He noted that the City-County Planning Board sets its budget after the City Commission has appropriated the monies. Mr. Carroll Henderson addressed the Commission concerning the Tentative Appropriation Ordinance. He asked several questions about the proposed budget, including a comparison between the proposed mill levy for Fiscal Year 1983-84 and the mill levy for Fiscal Year 1982-83; the I proposed use of Federal Revenue Sharing Fund monies, and the possibility of re-enactment of the program; the roll back of commercial property valuations; and the balance of the General Fund Reserve. City Manager Evans stated that this year's proposed mill levy is 109.0 mills. He noted that last year's mill levy had been set at 104.89, but was subsequently reduced by 13.26 mills through the refund for unanticipated motor vehicle license fee replacement monies, for an actual levy of 91.63 mills. Commissioner Weaver noted that the increase in the mill levy reflects the approximate $100,000.00 decrease in monies from the motor vehicle license fee replacement and the decrease in the use of Federal Revenue Sharing Fund monies to subsidize the General Fund operations, from approximately $459,000.00 to approximately $95,000.00. The Commissioner then stated that the Federal Revenue Sharing Fund monies will be used for implementation of a Capital Improvement Program and to rebuild the infrastructure of the City. He stated that, following conversations with the offices of the Montana Congressional delegates, he feels the President will support re- enactment of the Federal Revenue Sharing program, but the length of time and the amount of funding is uncertain. City Manager Evans stated that the rollback in commercial taxable valuations has been included in the information received from the Gallatin County Assessor's office. The City Manager also indicated that the preliminary Unallocated Reserve balance as of June 30, 1983 is $698,000.00. Mr. Henderson noted that, with a $3 million General Fund budget, the reserve would cover I less than two months of expenditures for operations. Mayor Stiff closed the public hearing. City Manager Evans stated that adoption of the Appropriation Ordinance will be considered at the Commission meeting to be held August 15, 1983. He stated at that meeting, the Commission will also adopt the Mill Levy Resolution for Fiscal Year 1983-84. 08-01-83 223 Adjournment - 8:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; I those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 08-01-83