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HomeMy WebLinkAbout1983-02-14 41 q ........v MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 14, 1983 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 14, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of February 7, 1983, were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. The Mayor then requested that acknowledgement of the receipt of the organization chart be removed for discussion. Decision - Zone Code Amendment - Adding Section 18.69.240, Water Course Setback, to Chapter 18.69; and Section 18.06.625 to Chapter 18.06 This was the time and place set for the decision on the Zone Code Amendment request- ed by the Planning Staff to add Section 18.69.240, Water Course Setbacks, to Chapter 18.69, a nd to add Section 18.06.625 to Chapter 18.06. City Manager Evans noted that the Zoning Commission had recommended conditional appro- val of the Zone Code Amendment, pending review by the City Attorney. City Attorney Crumbaker- Smith has reviewed the proposed Zone Code Amendment and has suggested that the second paragraph under Item 1 of the Conditions of Approval, which provides for a committee to re- view applications for waiver of the setback requi rements, be deleted. The City Manager then recommended that the Commission approve the proposed Zone Code Amendment, with the second I paragraph under Item 1 of the Conditions of Approval being deleted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment requested by the Planning Staff to add Section 18.69.240, Water Course setback, to Chapter 18.69, and Section 18.06.625, Water Course, to the Zone Code, and instruct the City Attorney to prepare an ordinance for the Zone Code Amendment. 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. Decision - Zone Map Chan e - AS to R6E, 2.2 acres east of the -90 east This was the time and place set for the decision on the Zone Map Change from AS to B-2 as requested by William J. Sebena for that parcel of land located in the NWi of the SEi- of Section 8, Township 2 South, Range 6 East, MPM, or more commonly known as the 2.2 acres located east of the 1-90 Bozeman east interchange on the north side of Frontage Road. City Manager Evans noted that the applicant has resubmitted his application to the Zoning Commission, and it will be reheard by the City Commission in March. The City Manager then concurred in the Zoning Commission recommendation for denial of the requested Zone Map Change. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the Commission deny the Zone Map Change requested by William J. Sebena from AS to B-2 on a parcel of land located in the NWi of the SE! of Section 8, Township 2 South, Range 6 East, MPM, or more commonly known as the 2.2 acres located east of the 1-90 Bozeman east inter- change on the north side of Frontage Road. 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 voting No, none. 02-14-83 420 Ordinance No. 1126 - Emergency Parking Ordinance - Absolute Liability City Manager Evans presented Ordinance No. 1126, as prepared by the City Attorney, entitled: ORDINANCE NO. 1126 AN EMERGENCY ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 10.32 OF THE BOZEMAN MUNICIPAL CODE, ENTITLED STOPPING, STANDING, AND PARKING, PROVIDING FOR THE IMPOSITION I OF VICARIOUS LIABILITY UPON THE OWNER OF A PARKED MOTOR VEHICLE. Commissioner Vant Hull asked if this emergency ordinance would put the City in com- pliance with the recent Montana Supreme Court decision. City Attorney Crumbaker-Smith stated that this ordinance would. She noted that the ordinance amends Chapter 10.32 of the Bozeman Municipal Code to impose absolute liability upon the registered owner of a vehicle. This conforms with the Montana Supreme Court decision in the case City of Missoula versus Shea, which was recently rendered. The City Attorney also noted that this ordinance and the following ordinance are emergency ordinances, which become effective upon passage rather than the customary thirty-day interval. City Manager Evans recommended that the Commission adopt Ordinance No. 1126. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Ordinance No. 1126, an emergency ordinance amending Chapter 10.32 of the Bozeman Municipal Code to provide for the imposition of absolute liability upon the registered owner of a vehicle. 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. Ordinance No. 1127 - Emergency Parking Ordinance - Penalties City Manager Evans presented Ordinance No. 1127, as prepared by the City Attorney, entitled: ORDINANCE NO. 1127 I AN EMERGENCY ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 10.36 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE MAXIMUM FINE FOR VIOLATIONS OF CHAPTERS 10.36 AND 10.32. City Attorney Crumbaker-Smith stated that the Montana Supreme Court decision con- tained two distinct parts, one imposing absolute liability upon the owner of the vehicle and one setting criteria for the fines imposed for violation of the parking ordinance, She noted that the criteria set the maximum fine for parking violations at $500.00 and no provision for imprisonment; and the City ordinance provided a maximum of $300.00 fine andlor 30 days im- prisonment. The proposed ordinance eliminates the provision for imprisonment, in compliance with the Supreme Court decision. The decision in City of Missoula versus Shea also provides that fines for parking violations cannot be escalated. She stated that fines in the Bozeman City Court currently double if not paid within three days of issuance. That provision has been eliminated in the proposed ordinance, also in compliance with the Supreme Court deci- sion. City Manager Evans recommended that the Commission adopt Ordinance No. 1127. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1127, an emergency ordinance amending Chapter 10.36 of the Bozeman Municipal Code providing for the penalties for violation of Chapters 10.36 and 10.32 of- the Bozeman Municipal code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner I Anderson and Mayor Stiff; those voting No, none. Discussion - handicapped parking and loading zones in the downtown area City Manager Evans stated that Director of Public Service (Works) Holmes and Assistant City Manager IDirector of Public Safety Barrick had researched the existing provisions for handicapped parking and loading zones in the downtown area and then prepared a report for the Commission's consideration. 02-14-83 421 Assistant City Manager Barrick stated that he and Mr. Holmes had considered only Main Street from Grand to Rouse when researching and preparing the report. He noted that the intersection of Tracy and Main is the only intersection with lay-down curbs for handicapped access. These curbs were provided through the Gallatin County Farm Bureau Women's Committee, at minimal cost to the City. To provide complete handicapped access in the downtown area, the Assistant City Manager suggested that seventeen additional lay-down curbs be installed, I at an approximate cost of $4,250.00 and that six handicapped parking signs be installed, three on each side of Main Street, at an approximate cost of $450.00 to $900.00. The number of lay-down curbs could be reduced if one handicapped parking stall per block per side of Main Street, or a total of twelve stalls, were installed. However, this would reduce the number of available on-street parking stalls; and the Parking Commission has expressed concern about that possible reduction. Assistant City Manager Barrick noted that the six proposed handicapped stalls on Main Street would be at the end of the block so that a vehicle could pull into the parking space without backing up and maneuvering into position. He a I so noted that in the report he and Mr. Holmes have recommended that one handicapped parking stall be provided in the parking lots at the corner of Babcock and Rouse and Mendenhall and Black. Two handicapped parking stalls are currently provided in the parking lot at the corner of Mendenhall and Tracy. Commissioner Anderson noted that if statistics were compared, twelve handicapped park- ing stalls on Main Street would not be out of proportion. Mrs. Shirley Sedivy stated that there are approximately 400 handicapped people in the Bozeman area, including University students. She noted that handicapped parking stalls in parking lots are not helpful to handicapped persons unless they have electric wheelchairs or carts (like she has just acquired) to travel from the parking lot to the various stores on Main Street. She also stated that the parking stalls provided in the parking lots must be wide to provide for side loading and unloading, or they are of no value. Mrs. Sedivy feels that the most effective handicapped parking stalls are located on Main Street, to attain a minimum I distance between the vehicle and the store. Mayor Stiff noted that the installation of the proposed lay-down curbs and handicapped parking stalls on staggered corners along Main Street would provide access along Main Street from Third Avenue to Church Avenue, even though a parking stall is not provided in every block. He feels that the proposed location of handicapped parking stalls and lay-down curbs would provide good handicapped access to the downtown area. Commissioner Vant Hull noted that the number of handicapped parking stalls along Main Street can be increased if the need still exists after the proposed changes are made. Mayor Stiff stated that Wheelchairs, Crutches and People, the MSU organization for handicapped persons, has indicated interest in the proposed provisions for handicapped ac- cess in the downtown area. He suggested that discussion on this item be continued until next week's agenda so that their representatives may have an opportunity for input. Commissioner Anderson asked if there is money in the budget to cover the costs of the proposed changes in the curbs and proposed signing. Assistant City Manager Barrick stated that there is not money set aside in the current budget. Mayor Stiff noted that service clubs might be interested in providing some of the lay-down curbs, like the Gallatin County Farm Bureau Women's Committee has done in the past. Mrs. Sedivy noted that with the lay-down curbs, not as many handicapped parking spaces would be required. She suggested that the signs for the handicapped parking stalls be placed at a lower level so that they can be readily seen from a car. I Assistant City Manager Barrick noted that street signs must meet certain height re- quirements. Commissioner Vant Hull suggested that the existing meter poles for the parking meters be painted a specific color to designate handicapped parking. City Manager Evans noted that vertical lettering could be placed on the poles indi- cating the handicapped parking stalls. 02-14-83 1.22 Assistant City Manager Barrick stated that the second portion of the report concen- trates on loading zones in the downtown area. He stated that the Parking Commission has indicated concern that several of the existing loading zones in the downtown area are abused. This concern has been confirmed by the Police Division, indicating that some of the merchants feel that the loading zone is a private parking stall rather than to be used strictly for loading and unloading. The proposal, therefore, would eliminate five loading zones in the downtown area. He noted that one loading stall has been removed from in front of the I Bozeman Hotel and the Baxter Hotel. Mrs. Shirley Sedivy stated that many handicapped people go to the Bacchus, located in the Baxter Hotel, because of the easy access into the building and the restaurant. She asked if one or more of the loading zone stalls could be converted to handicapped parking stalls. Mr. Terry O'Connell, Gallatin Laundry, stated concern about the possibility of losing a loading zone. He noted that he has five trucks which need to be loaded and unloaded each day. Half of his trucks are used for deliveries all day long. The parking has been elimi- nated on Babcock Street and the alley in the rear of the building receives a high traffic volume. Mr. O'Connell stated that it is not uncommon to have two or three trucks loading or unloading at the same time, and he does not have available space without the use of both of the existing loading zones. Mayor Stiff asked if the businesses with current loading zones have been contacted or if they should be prior to removal of the zones. Commissioner Mathre stated that the Parking Commission did not indicate specific ideas about contacting the businesses. Assistant City Manager Barrick noted that any business con- tacted would attempt to justify the continuation of the loading zone, even if it is being abused. Commissioner Mathre also noted that the Parking Commission feels that one of the purposes of alleys is for loading and unloading; and they feel that some of the parking stalls should be returned to general use rather than specified as loading zones. City Manager Evans stated that the Staff will review the loading zones at the Gallatin I Laundry and present a recommendation at next week's meeting. Discussion - formation of Budget and Finance Oversight Committee City Manager Evans stated that this discussion was placed on the agenda at the Commis- sion's request. Mayor Stiff stated that the City Manager's response to the Commission's request for information on the budget preparation process was beyond what had been anticipated. The Mayor stated concern that the proposal does not include public participation in the Commis- sion's duties in the budget process. He feels that if two Commissioners are appointed to a Budget and Finance Oversight Committee, they will have a lot of information that the rest of the Commissioners will not have available. He also noted that the proposed committee wi II be performi ng close to a management function. Commissioner Mathre noted that the suggestion was made last week that the Commission act as a committee of the whole. She stated that this would involve all of the Commissioners in the process. Commissioner Weaver stated that the Commission, as a whole or as a subcommittee, should set specific objectives for management's committee. He noted that the Commission has indicated that it wishes more clarity on revenue estimates and wants a capital improvements budget; however any other specific objectives should be determined and placed on the Commission's list of priorities. He suggested the possibility of forming a subcommittee comprised of the Mayor and Mayor Elect for this process. I Mayor Stiff noted that under the section titled Budget Development, Item c., the City Manager has indicated that an initial approach to program budgeting is being developed. He is concerned that the City may not be ready to change from line item budgeting to program budgeting at this time. Commissioner Weaver asked if the Commission should request a reporting schedule on the budget process. 02-14-83 423 City Manager Evans stated that he realizes the Commission's concern with the revenue estimating portion of the budget process. He suggested that the Staff develop a format for reports to the Commission at periodic intervals. The City Manager noted that there are too many unknowns in the revenues at this time due to the fact that the State Legislature is in session and the continuation of Federal Revenue Sharing has not been decided. Commissioner Vant Hull noted that the City Council in Billings has recently completed a I mid-year review of the budget and suggested that such a process might be considered here. City Manager Evans stated that he and the Director of Finance have recently spent time in a mid-year review of the budget and stated that the Staff could prepare a report for the Commission. The City Manager noted support of the proposal that the Commission act as a committee of the whole to review the budget process and noted that this might develop a better communication system on the budget. The City Manager also indicated that the Staff is working on a capital improvements program. Also, the staff will be looking at the possibility of program budgeting to see if it is the type of budgeting that the City should use or if a combination of line item and program budgeting might better meet the City's needs. He stated that it is the management's intent to run line item budgeting and program budgeting parallel for several years prior to any possible change. Commissioner Vant Hull suggested that the Commission, when acting as a committee of the whole, consider inviting an outside knowledgeable person to be a part of the committee and provide the Commission with expertise. Mayor Stiff and Commissioner Anderson stated they are uncertain whether an outside person should be involved in the process at this time. City Manager Evans stated that he will submit a report to the Commission on the budgeting process in the near future. Discussion - Interlocal agreement for PedestrianlTraffic Safety Committee I City Manager Evans stated that Assistant City Manager Barrick has researched the current interlocal agreement for the PedestrianlTraffic Safety Committee. Assistant City Manager Barrick stated that the PedestrianlTraffic Safety Committee was formed under an interlocal agreement involving School District No.7, Gallatin County and the City of Bozeman. The Committee reports to the governing bodies of the three entities involved. The Assistant City Manager noted that the interlocal agreement was signed by the three entities involved; however, the agreement is not signed by the Attorney General, which is required by the State Code. City Manager Evans noted that it is basically a matter of form that the Attorney General signs all interlocal agreements, even though it is a requirement of the State Code. He suggested that, if the Commission is satisfied with the current agreement, it could be sent to the Attorney General's office for review and signature so that it is a legal document. The Commissioners concurred that the current interlocal agreement is acceptable. Commissioner Weaver noted that the Commission must now develop a procedure for consider- ing recommendations from the Pedestrian/Traffic Safety Committee, City Manager Evans suggested that the Commission establish a policy that all advisory boards to the Commission submit reports to the Clerk of the Commission, be placed on the agenda for acknowledgement; and specific items referred to Staff for research or action. Commissioner Anderson suggested that discussion of recommendations from various advisory boards be placed on the agenda each month. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission direct the Staff to send the interlocal agreement between the School District, Gallatin County and City of Bozeman to create the Pedestrian/Traffic Safety Committee to the Attorney General's office for approval; establish a Commission policy that future input from the Pedestrian/Traffic Safety Committee shall be placed on the Commission agenda for dis- cussion; and direct the Mayor to send a letter to the Pedestrian/Traffic Safety Committee indicating the Commission's willingness and intent to pursue future recommendations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 02-14-83 lt2 L, Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Appointment to Pedestrian/Traffic Safety Committee Mayor Stiff stated that no applications are on file for the Pedestrian/Traffic Safety Committee; and Mr. McClure has indicated that he does not want to be reappointed to the Committee at this time. I Clerk of the Commission Sullivan will publish an advertisement in the newspaper; and this item will be placed on the March 7, 1983 agenda for appointment. Appointments to Community Development Block Grant Committee Mayor Stiff stated that seven members were appointed to this Committee at last week's meeting. The matter has been placed on this week's agenda for possible appointment of up to three more members. Commissioner Vant Hull noted that Lars Ericson had submitted an application just prior to last Monday's meeting. She has reviewed his application and feels that he would be an asset to the Committee. Commissioner Mathre indicated concern that his place of residence outside city limits might decrease the number of points on the City's application for Community Development Block Grant funds. Commissioner Mathre also stated that Roger Craft will serve on the Committee. He has indicated that no other person from the Downtown Development Association wishes to serve. Mayor Stiff requested that this item be placed on next week's agenda, after review of any residency requirements for members of the Committee. Application for Bingo License - Headwaters Council of Campfire, Inc. - February 18, 1983 City Manager Evans presented to the Commission an application for Bingo License, along with the required fee, on behalf of the Headwaters Council of Campfire, Inc., for a I temporary one-day bingo I icense for February 18, 1983. Prizes to be awarded are groceries valued at $150.00. The City Manager recommended approval of the application. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for Bingo License on behalf of the Headwaters Council of Campfire, Inc., for a temporary one-day bingo license for February 18, 1983. 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 voting No, none. Acknowledge receipt of letter from the Bozeman Deaconess Hospital dated February 9, 1983, and received by the City on February 14, 1983 City Manager Evans presented to the Commission a letter from the Bozeman Deaconess Hospital dated February 9, 1983 and received by the City on the morning of February 14, 1983. The City Manager noted that the letter is lengthy, asks several questions and requests the City's decisions or agreement in principle not later than February 21, 1983. He recommended that the Commission acknowledge receipt of the letter at this meeting and discuss the requests at next week's meeting. Mayor Stiff noted that the Attorney for the hospital indicated at Wednesday night's public meeting that a letter to the Mayor was being prepared but that it was not yet ready to be distributed. Commissioner Weaver suggested that the City forward a letter to the Hospital indicating I receipt of the letter dated February 9, 1983 and stating that the City wi II respond to the questions and requests in a timely fashion. Mayor Stiff requested that the Staff research the criteria for Industrial Development Revenue Bond issues. He also thanked the Staff for the research done prior to last Wednesday evening's public meeting. 02-14-83 425 Commissioner Weaver stated that he feels the questions that the Hospital is now sub- mitting in this letter could have been asked two months ago, regardless of whether a decision had been made on the site. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the letter received by the City on February 14, 1983, from the Bozeman Deaconess Hospital dated February 9, 1983; and instruct the City Manager to write I a letter to Bozeman Deaconess Hospital acknowledging receipt of the letter and stating that the City will respond in a timely fashion. 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. The letter from the Bozeman Deaconess Hospital will be placed on next week's agenda for discussion, but not necessari Iy for answers to the requests and questions. Acknowledge receipt of organization chart City Manager Evans presented to the Commission an organization chart of the City. Mayor Stiff stated that he had removed this item from the Consent Items due to a concern that he had discussed with the City Manager. He noted that in the past the City has contracted a City Attorney. The City has recently hired a full-time City Attorney. The Mayor suggested that on the organization chart a dotted line be made from the City Commission to the Department of Law to indicate that the Commission may deal directly with the City Attorney. City Manager Evans noted that the City Attorney acts as advisor to both the City Commission and the City Manager. He stated that on future updates of the organization chart, a dotted line will be run from the City Commission to the Department of Law. Commissioner Weaver noted that when the position of Director of Public Works (Service) was created, a proposal was submitted to review and provide retrospective judgment on whether revenue savings justify the position. He requested that management consider how to provide I this information to the Commission for review. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the organization chart for the City government as prepared by the Staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Executive Session at 5: 25 p. m. - litigation Mayor Stiff called an Executive Session of the Commission at 5:25 p.m., for the pur- pose of discussing the litigation and complaint on the Special Improvement Districts in Valley Unit Subdivision and requested that all persons except the Commissioners, City Manager Evans, Assistant City Manager Barrick, Director of Finance Swan, City Attorney Crumbaker-Smith, Attorney Bob Planalp and the Clerk leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 7:00 p.m. and reconvened the meeting. Recess - 7:00 p.m. Mayor Stiff declared a recess at 7:00 p.m., to reconvene at 8:00 p.m. for the purpose of completing the routine business items. Reconvene - 8:00 p.m. I Mayor Stiff reconvened the Commission meeting at 8:00 p.m. for the purpose of com- pleting the routine business items. Authorize Mayor to si n - Change Order No. 1 - Edsall Construction - WWTP, Phase II, Schedule 2 - decrease contract amount by 145.00 and increase contract time by 43 days City Manager Evans presented to the Commission Change Order No. 1 for Edsall Construction, Inc., Bozeman, Montana, for the Waste Water Treatment Plant, Phase II, 02-14-83 'f2G Schedule 2. He noted that this Change Order decreases the contract amount by $145.00 and increases the contract time by 43 days. The City Manager recommended that the Mayor be authorized to sign this Change Order. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign Change Order No. 1 for Edsall Construc- tion, Inc., Bozeman, Montana, for the Waste Water Treatment Plant, Phase II, Schedule 2, decreasing the contract amount by $145.00 and increasing the contract time by 43 days. The I 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. Authorize Mayor to siqn - Chanqe Order No. 6 - Edsall Construction - WWTP, Phase I - increase contract amount by $2,647.50 City Manager Evans presented to the Commission Change Order No. 6 for Edsall Construction, Inc., Bozeman, Montana, for the Waste Water Treatment Plant, Phase I. He noted this Change Order increases the contract price in the amount of $2,647.50. The City Manager recommended that the Mayor be authorized to sign this Change Order. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign Change Order No. 6 for Edsall Con- struction, Inc., Bozeman, Montana, for the Waste Water Treatment Plant, Phase I, increasing the contract price in the amount of $2,647.50. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. File report - Building Inspection Division for January 1983 City Manager Evans stated that the monthly report for the Building Inspection Division for January 1983 appeared to be in order and recommended that it be accepted and ordered filed. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Building I nspection Division for January 1983 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for August 1982 City Manager Evans stated that the monthly report for the Police Division for August 1982 appeared to be in order and recommended that it be acknowledged. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report for the Pol ice Division for August 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commis- sioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for September 1982 City Manager Evans stated that the monthly report for the Police Division for September 1982 appeared to be in order and recommended that it be acknowledged. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report for the Police Division for September 1982 and that it be brought back to the Commission next week for filing. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Legislative Update Commissioner Anderson stated that Jeff Towrey called from the League office this morning. She noted that committee hearings will be conducted on several proposed bills this 02-14-83 427 week, including the increase in property tax penalty, local option hotel/motel tax, state-wide hotel/motel tax, local option fuel tax and the Governor's Block Grant proposal. She has heard that the Governor's Block Grant should have little problem getting through the House, but concern has been expressed for its possible passage in the Senate. Commissioner Vant Hull stated that a committee hearing will be held on the proposed bill requiring the State to pay the police and fire pension benefits. The Commissioner noted I that it is not always possible to attend a hearing, but usually if a bi II is of any substance, the committee does not make a decision at the hearing. This allows the Commissioners time to contact the Legislators prior to their voting. She also noted that now is the time to begin writing letters to the Legislators on specific items. She has prepared a two-page letter covering eight different bills that each Commissioner may use as a guideline to follow when writing personal letters to the Legislators. She noted that to include each of the eight bills in a letter would make the letter too lengthy, but the Commissioners may use any combination of bills about which helshe has strong feelings. Commissioner Anderson stated that she will be in Helena on Friday, and will attend the 3: 00 p. m. session with Lieutenant Governor Turman. Commissioner Vant Hull stated that she attended the hearing on the Block Grant in Helena on Thursday, and showed the Commission the visual aids she used in her testimony before the committee. She noted that 47 percent of the people working at Montana State University live outside city limits; and the proportion in other sampled businesses appeared to be higher. She stated that other cities in Montana indicated that they have the same problem with a large proportion of the working force within the city limits living outside the city limits and using streets, police and fire services without paying taxes to support those services. The Commissioner noted that this data provides a good argument in support of local option income taxes. She noted that the revenues from the local option income tax could possibly lower the mill levy, or at least keep it from increasing. City Manager Evans gave each of the Commissioners a proposal for a bill he had re- I ceived at the Urban Coalition meeting. He noted that this is the Speaker's possible approach on the bill for local option income taxes. Commissioner Mathre stated that it appears the business inventory tax bill will be defeated. She also noted that the telephone company is selling its telephones to businesses and residences, which means the telephones will be taken off the tax base. Also, a Court decision on taxing Burlington Northern Railroad property will affect the income from taxes, but she feels that the County will be affected more than the City. She noted that the only area of flexibility for Cities is in the property tax, and that is now reaching the maximum and losing its flexibility. She noted that the referendum sales tax, which would eliminate food and drugs, might provide the needed fleXibility. Commissioner Weaver noted that the loss of the business inventory tax will cost the City approximately $150,000.00 per year. At this point, the Legislature has done nothing to provide funds to local governments to offset this loss. He further noted that the property tax levy has reached the highest level acceptable to the public. City Manager Evans noted that Federal Revenue Sharing funds have been used to keep the mill levy as low as possible. He noted that the current program ends September 30, 1983; and he does not foresee that the program will be re-enacted prior to the City's budgeting process. Therefore, no Revenue Sharing funds will be available for subsidizing the budget this year. Commissioner Weaver noted that tourism is the second or third largest generator of business in the state; and they provide no monies to offset the costs for services provided. I He noted that a referendum sales tax might help to provide the method to acquire needed funds for the services provided. Commissioner Anderson stated that the Governor's Block Grant monies are needed, particularly for this biennium, to provide a bridge for local governments. She noted that the Legislature may provide for local option taxes, but it will take time to place those options before the electorate and receive monies from those taxes if they are approved. City Manager Evans stated that no group in Montana will support a sales tax. He 02-14-83 - 428 stated that Representative Walter Sales observed that a few years ago, the Republican Party proposed a sales tax, and it was defeated. In other states, the sales tax was proposed by the Democratic Party and supported by unions, and was approved. Representative Sales noted that a sales tax in Montana is now a political issue; and he does not feel that it will be enacted for several years because of the political implications. He also noted that a sub- stitute to State reimbursement for services provided to State-owned properties might be a bill providing that a municipality may negotiate with the local State-owned unit for a fair amount I of money to pay for City services provided to that facility. Adjournment - 8:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- journed. 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. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I I ) 02-14-83