HomeMy WebLinkAbout1998-12-14 Minutes, City Commission
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MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 14, 1998
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. The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, December 14, 1998, at 3:00 p.m. Present
were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost,
Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney
Luwe and Clerk of the Commission Sullivan.
Roll Call. Pledge of Alleaiance and Moment of Silence
The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence.
Aaenda Meetina - for reaular meeting and Dublic hearinas to be held on December 21. 1998
. Since this is an agenda meeting, only those issues requiring staff action are contained in
the minutes.
City Manager Johnson briefly reviewed the background information which was included
in the Commissioners' packets.
(12) Planning Director Epple characterized this as a straight forward application, under
which an existing restaurant will be allowed to serve beer, wine and pre-mixed margauritas.
He noted that substantial site improvements are to be provided in conjunction with this
application.
Responding to Mayor Stiff, the Planning Director recognized that this is a slightly
expanded application; however, he stressed that the zone code does not differentiate between
the sale of beer, wine and liquor.
. (14) Associate Planner Chris Saunders stated that, under the most recent changes to the
impact fee ordinance, the Commission must approve all applications for impact fee credits. He
noted this is the first application to be received, and the applicant is seeking credits for a water
line installation which is listed on the water impact fee capital improvement program.
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Responding to Commissioner Rudberg, the Associate Planner confirmed that the staff is
recommending approval of only the difference between the line size needed for the
development and the line size installed. He stated that the impact fee ordinance does not
address the payment of interest; and staff does not support that portion of the request.
. Further responding to Commissioner Rudberg, the Associate Planner stated it has not
taken 142 days to process this request. He indicated the applicant submitted this request on
July 28, at the same time as he submitted the plans for water and sewer services to Stadium
Subdivision; and staff asked him to prioritize which request was to be processed first. At the
applicant's direction, staff processed the plans for the water and sewer services first, thus
delaying consideration of this request. He then noted that he anticipates this will also be part
of the applicant's verbal presentation at next week's meeting.
(16) The City Manager stated that the City Attorney's office has drafted this ordinance
at his request. He noted that he has received recurring telephone calls from residents,
particularly in the newer areas of town where group mailboxes have been installed. He noted
that if a vehicle is parked in front of a mailbox, the postal service will not deliver the mail and,
. without this type of ordinance, the City has no authority to cite those vehicles.
(17) Responding to Commissioner Rudberg, City Attorney Luwe stated that the City may
not interfere with regulation of the beer, wine and liquor licenses, although it has the authority
to enforce fire code and zone code issues.
Discussion - Commissioner Droiects
(1 ) Mayor Stiff noted that all Commissioners have been contacted about a meeting
scheduled for later this week regarding the West Babcock Street issue.
Responding to Mayor Stiff, City Attorney Luwe forwarded his concern about having three
Commissioners attend the meeting, particularly if it has not been scheduled as a public meeting.
On that basis, he suggested that no more than two Commissioners attend or that it be
. advertised as a scheduled public meeting, with minutes being taken.
Mayor Stiff stated he will be unable to attend the meeting because of another
commitment.
Commissioner Rudberg and Commissioner Smiley indicated their intent to attend the
meeting.
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Commissioner Youngman stated she would be willing to attend the meeting, but she
questioned what will be gained from it if the neighbors have not identified what they want in
a unified manner, as previously requested by the Commission.
Commissioner Frost stated that, until the City and County have received a legal opinion
. on what the legal right-of-way is for the road, he does not believe there is anything to talk
about.
(2) Commissioner Smiley noted that she attended the meeting of the Downtown
Improvement District Board last week. She then stated that the IDB is pursuing a special
improvement district to implement some of the improvements that have been identified.
(3) Commissioner Rudberg noted the latest library report reflects that there are now
14,000 city residents and 10,000 county residents holding library cards.
Responding to Commissioner Rudberg, Library Director Meister confirmed that the change
in numbers from a near split to a significantly higher number of city card holders is due to the
increased number of city residents.
(4) Commissioner Rudberg asked if the Commission will hold an executive session on
. potential litigation.
Following a brief discussion, the City Manager indicated that this item may be placed on
this week's agenda or next week's agenda if the Commission wishes.
(5) Commissioner Smiley voiced her frustration over the phone calls she is receiving
about how badly the City is treating the Salvation Army, and asked when the Commission
should discuss this issue.
Commissioner Rudberg noted that she raised this issue a week ago, expressing concern
about the bad press which the City has received recently.
Commissioner Frost stated his support for continued zone code enforcement; a majority
of the Commissioners concurred.
(6) Commissioner Rudberg noted that the Commissioners have received a letters from
. a significant number of vendors at the Farmers' Market. She stated the latest one is from a
gentleman who lives in Townsend, and the vast majority of letters have been from residents
outside city limits.
(7) Responding to questions from Commissioner Rudberg, Planning Director Andy Epple
stated that the costs for various units of service, as listed in the GIS information, are to be
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developed by department and division heads within the City and will, therefore, be tailored to
Bozeman.
(8) Commissioner Rudberg asked if the City has received any word from Senator Burns'
office regarding the $5 million for renovation of old infrastructure. She also asked if the
. Commission needs to adopt a resolution to ensure that the monies, including any interest
revenues, are used for upgrading of old infrastructure and not installation of new infrastructure.
Administrative Services Director Gamradt assured the Commission that these monies will
be accounted in a manner that allows them to be easily identified.
(9) Commissioner Rudberg noted she continues to receive copies of reports from the
Police Department regarding dog bites, and asked for a work session in January to determine
how to undertake an education program. She expressed particular concern about those dog
bites which occur on school grounds.
Commissioner Youngman stated that, since responsible pet owners did not receive any
assistance under the latest revisions to the animal control ordinance, they seem less willing to
assist the City in educational efforts. She stressed that many of the problem dogs are coming
. off private property, and better enforcement could possible help to curtail the problem.
(10) Commissioner Rudberg asked for updates from the City Manager regarding what
other Commissioners are asking for, to avoid being blindsided at Commission meetings.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1 ) Minutes from the Board of Health retreat on October 26 and board meeting on
November 10.
(2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, December 15, in the Commission Room.
. (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, December 15, in the Commission Room.
(4) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday,
December 17, in the Commission Room.
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(5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
December 15, at the Courthouse.
(6) The City Manager submitted his weekly report, as follows. (1) Attended a meeting
last week at which a group of MSU students presented a conceptual plan for development of
. Rose Park. He indicated that the document was well received, noting that he will make it
available to any interested Commissioners.
(7) Assistant City Manager Brey stated that applicants for updating of the transportation
plan will be interviewed on Thursday.
(8) City Attorney Luwe noted that the Commissioners have received a copy of the
memo from Staff Attorney Day-Moore regarding the homestead exemption. He stated that this
memo identifies how public employees and officials may protect their assets.
Work Session - Presentations for Fiscal Year 1999-2000 budgeting crocess
Included in the Commissioners' packets were a memo from the Clerk of the Commission,
dated December 10, and a schedule of the budget presentations, as prepared by City Manager
. Johnson.
City Manager Johnson reminded the Commission that this is the continuation of a process
begun last week. He then asked if the Commissioners are interested in including monies in this
year's budget as matching funds for grants which may become available during the year and,
if so, what limits are to be attached. He noted that a portion of the gambling tax revenue, or
possibly reserves, could be used to fund the match.
Responding to Commissioner Rudberg, the City Manager stated that the City Manager in
Great Falls includes $100,000 in his budget for what is identified as "discretionary funding".
Commissioner Rudberg stated her support for setting aside monies to match grants which
relate to the public health, safety and welfare, stressing the importance of ensuring that
"needs" and not "wants" are being funded. She suggested that to cap the amount of gambling
. revenues used to fund on-going City operations would be appropriate.
Commissioner Smiley stated she also supports the use of a portion of the gambling
revenues as matching monies for grants.
Mayor Stiff stated his support for using monies to complete the preliminary engineering
to put transportation projects on the shelf so they are ready for possible grant monies;
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however, he wants to think about setting aside gambling revenues for other possible grants.
Commissioner Youngman stated her support for setting aside match monies, noting that
a process is needed for identifying priorities. She also stated that she does not support having
monies sitting around for a match if there is a higher priority use for them.
. Commissioner Frost stressed the importance of being objective. He also stated he does
not want to establish a discretionary fund, but wants to know how much is being set aside and
for what.
Finance. Administrative Services Director Miral Gamradt distributed information on the
current budget for his department and identified current and future needs in the areas of
staffing, operations and capital improvements. He noted that the installation of new software
has dominated his department's efforts so far this year, and will continue to do so for at least
the remainder of this fiscal year. As a result, the department has incurred a significant amount
of overtime, which is a rare occurrence. He also indicated that his requests for next fiscal year
will include an increase in the .10 part-time clerk position, to more accurately reflect the hours
being worked, and another person in the data processing division. He characterized this area
. as being "bare bones", stressing that the new position could be devoted to providing more
functions on line, such as licensing and possibly making payments.
Responding to the City Manager, the Administrative Services Director indicated that,
depending on participation from the public, providing services on line could reduce the workload
for some of the other staff members.
Responding to Commissioner Youngman, the City Manager stated that the existing staff
is maintaining a large number of computers, and more are being added to the network system.
Commissioner Youngman stated she likes what is being suggested, but she wishes to
consider it in the context of the other requests and needs.
Administrative Services Director Gamradt stated that, as the new software is added to
the system and people become familiar with it, they will become more efficient in their jobs,
. and increased workloads can be handed through that increased efficiency. He cautioned that,
while the computer is currently operating at an acceptable level, as more programs and users
are added to the system, a new computer will be required.
The Administrative Services Director stated that, in upcoming budgets, increased training
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funds, monies to continue enhancing technology capabilities, and monies to update old personal
computers will be needed.
City Manager Johnson stressed that the request for a new mainframe computer in next
year's budget represents a deviation from the capital improvement program, which is an issue
. that must be addressed by the Commission.
The Administrative Services Director suggested that excess monies in the Special
Improvement District Revolving Fund could be used to fund the new computer.
Responding to Commissioner Frost, the Administrative Services Director stated that there
has been minimal change in the hardware and no change in the software on the mainframe for
over fifteen years, in a period when both hardware and software were virtually exploding; and
the City must now take a very large step to catch up.
Administrative Services Director Gamradt noted that he feels the capital improvement
program is a good one. He stated, however, one of the division heads has indicated that if the
program means buying a piece of equipment that will sit in the yard bei:ause there is no
employee to run it, he will not support it. The Director stressed the importance of balancing
. the five-year capital needs list against personnel needs, and cautioned that such a step will lead
to some painful decisions from time to time.
CDBG/HOME. Special Projects Coordinator James Goehrung handed out a sheet giving
a brief summary for each of the six budget units with which he is involved. He noted that
Bozeman has been very successful in receiving grants over the past five years, and stated there
is currently one outstanding grant, for Bozeman Interfaith Housing II.
Responding to Commissioner Rudberg, the Special Projects Coordinator stated that, in the
past, the City has not billed any of his time to administration of the various grants, although
that would be a legitimate expenditure of administrative monies.
Commissioner Rudberg asked that staff look at recovering the costs of administering these
grants.
. Housing Revolving Fund. Special Projects Coordinator Goehrung stated that the balance
in this fund is $88,796; and the City has budgeted $1,200 per month to pay HRDC for housing
assistance. He characterized these monies as being recycled from previous grants and noted
that HRDC is reticent to seek payment from the City as long as this is the source of funding.
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City Manager Johnson noted that the City has letters of understanding and minutes under
which HRDC has been identified as the "staff" for these funds, but there is no formal
agreement or contract.
Commissioners Rudberg and Smiley stressed the importance of a formal agreement being
. in place.
Commissioner Youngman noted that the Community Affordable Housing Advisory Board
has established priorities on how these monies should be expended. She also noted that some
of the monies are restricted while some are not. She then cautioned that if the City tries to
negotiate a contract with HRDC, the funding source may become an issue, and it will then be
necessary to find a mutually acceptable source. She recognized that if the balance in this fund
reaches a certain threshold, HRDC may be more comfortable accepting administrative fees from
this source.
Economic Development Revolving Loan Fund. The Special Projects Coordinator stated this
fund has an estimated balance of $626,775, and noted that two applications have been
recently approved. He noted that $10,000 is paid to Gallatin Development Corporation each
. year for general support and the small business program.
Community Transportation Enhancement Program (CTEP). The Special Project
s
Coordinator stated that three applications were submitted in October, and review of those
applications is anticipated in January. He stated the Bozeman Ponds project has been rebid,
and the entryway projects are scheduled for bidding in January. He then indicated that the City
has been fully reimbursed for the Highland pedestrian trail and the South Third Avenue
pedestrian trail.
Responding to City Manager Johnson, Commissioner Frost stated he would be willing to
partner with the County on projects, but not other communities.
Safety Projects. Special Projects Coordinator Goehrung stated that these are federal pass-
through monies, with a 10-percent local match. He noted that eighteen high accidents have
. been addressed to date, and an application for five more intersections was submitted in
September.
City Manager Johnson asked if it would be smarter to add $20,000 to the Engineering
Department budget to hire an engineer to do the design work and monitor these projects in
house rather than retaining a consultant.
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The Special Projects Coordinator responded that specific expertise is required to prepare
the application, but recognized the benefits that could result from doing the work in house.
Building Maintenance. Special Projects Coordinator James Goehrung characterized this
as a new program, stressing that deferred maintenance has now resulted in the need to do a
. significant amount of work on some of the City buildings. He cautioned that some of the
maintenance work identified in the capital improvement program may need to be moved up on
the schedule, such as the roof at the City Shops. He then indicated that not all of the buildings
are covered under this budget, since some departments maintain their own facilities.
The Coordinator stated his intent to review the maintenance agreements currently in place
for the various buildings to determine if there is a better alternative.
Responding to Commissioner Smiley, Street Superintendent Roger Sicz stated that
clearing the snow from the sidewalks adjacent to the City's downtown properties is not one
of his department's top priorities. He noted that in the past, one of his employees came to
work at 6:30 a.m. to clean the sidewalks; however, that employee is now on the 3:00 a.m.
shift and is responsible for ensuring that the streets are plowed.
.
Break - 4:45 to 4:50 p.m.
Mayor Stiff declared a break from 4:45 p.m. to 4:50 p.m., in accordance with
Commission policy.
Work Session (continued) - Presentations for Fiscal Year 1999-2000 budgetina Drocess
City Manager Johnson asked for direction in response to Commissioner Smiley's question.
He noted the options are additional FTEs or doing the work with existing resources. He then
characterized this as a perfect example of the direction staff wishes to receive from these
presentations.
Commissioner Smiley characterized the issue as an "interesting balancing act", particularly
. since the City has made rules for people to live by and yet does not seem to follow them.
Commissioner Youngman stated that, in principle, she agrees the City should follow its
own rules. She then indicated she wishes to consider this in context with all of the other
issues that arise during these presentations.
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ADA. Assistant City Manager Ron Brey stated that this funding source is used for stand-
alone projects and retrofits. He stated that questions to be answered during the upcoming year
are whether replacement curbs can be funded through the $5 million water and sewer
replacement grant or if these monies must be used, and what priorities will be identified for the
. methodical installation of curb ramps.
Commissioner Rudberg forwarded her position that if a curb has been torn out as part of
an infrastructure improvement, then those project monies should be used to replace it with a
curb ramp; however, if a curb is simply being replaced with a curb ramp, then the ADA monies
should be used. The other Commissioners concurred.
Downtown Parking. Assistant City Manager Ron Brey stated that policy decisions will be
necessary regarding development of the parking lot on South Bozeman Avenue and a possible
increase in the cash-in-lieu of parking spaces. He noted that in 1978, when the downtown
parking SID was established, the cash-in-lieu program was established. He stated the fee may
need to be adjusted upward, in light of the projected estimates for construction of the new
parking lot. He noted that, with the recent purchase of the third house, the Parking
. Commission currently has $25,000 in liquid assets and $55,000 in cash receivables; and
construction of the parking lot will take more than that amount. He forwarded his suggestion
that the houses be rented as affordable homes for as long as possible, and that they moved or
razed only when construction of the new parking lot is being undertaken.
Responding to Commissioner Youngman, Administrative Services Director Gamradt
confirmed that a no interest loan from the General Fund to assist in the construction of the new
parking lot would be appropriate.
Assistant City Manager Ron Brey stated the Parking Commission is considering an
increase in the monthly rental fees for parking spaces, after some improvements have been
made. He suggested that it may be possible to raise the fees without conflicting with CI-75,
since there are two private lots downtown with rental spaces available.
. Parking. The Assistant City Manager noted that the parking enforcement staff has had
difficulty in developing performance measures. He reminded the Commission that the purpose
of the program is to help ensure the availability of parking, which is based on an adequate
supply and enforcement of regulations to ensure turn-over in those spaces. He noted that in
May, the fines for violations of certain regulations were increased in an effort to promote
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adequate parking. He stated, however, a review of the citations issued between June and
October 1997 and June and October 1998 revealed that more citations have been issued in
1998. He suggested that the update of the transportation plan might provide some good
information regarding the number of parking spaces needed, the number available and the
. occupancy patterns of those spaces.
Downtown Improvement District. Assistant City Manager Brey stated there has been little
activity in the program except for planning, particularly in light of the small revenues. He noted
that the program received $20,000 the first year and $35,000 last year and will receive an
estimated $17,000 this year. He noted the new improvements at First Security Bank show the
design elements in the plan, and that might trigger more private installations.
2000 Sidewalk Program. City Manager Clark Johnson noted that the Commission must
make a determination on whether it wishes to continue with the sidewalk program, which will
be subject to the provisions of CI-75 in the future. He noted that, if the Commission chooses
to continue, monies must be budgeted for engineering and design, and the issue must be placed
on the ballot.
. City Attorney Luwe stressed that it is important to recognized the differences between
the new installation program and the repair program, which is a liability issue.
Responding to the City Manager, a majority of the Commissioners indicated an interest
in budgeting monies for the sidewalk program.
City Engineer Craig Brawner estimated that 30 percent of the sidewalks ordered in under
the 1998 sidewalk programs were installed by the October 15 deadline. He indicated that staff
will identify the sidewalks remaining to be installed and prepare the contract documents for
bidding next spring. He noted that a consultant previously did this work but it is now being
done in house.
Water Treatment Plant. Water Treatment Plant Superintendent Dean Elliott reviewed his
information sheet, which was distributed in the Commissioners' packets. He noted the purpose
. of the plant is to filter drinking water, under regulations established by both the Environmental
Protection Agency and the State of Montana. He stated that his division's mission is to
"protect the public health through the optimization of the water treatment plant" and to provide
the best quality filtered water at all times. He noted that, ideally, to meet this goal, the plant
should have six operators and one superintendent; and it has five operators at the present time.
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He then briefly highlighted the items covered under the operations and capital portions of the
budget, noting that $41,000 as been budgeted for the Sourdough Dam study.
Water Treatment Plant Superintendent Elliott stated that the plant operators currently
maintain a quality superior to State requirements, and the budget allows for proper maintenance
. to continue that level of service at this time. He cautioned that, as the equipment gets older,
additional maintenance will be necessary. He also noted that the poor transmission piping for
the raw water supply can affect the quality of the water, and leakage in the filtered water
transmission line can affect the quantity available to the community. He further cautioned that
there is only one transmission line from the plant to the city.
The Superintendent indicated that a watershed management plan could enhance the
overall system. He also suggested that the use of a different type of chlorine could result in
benefits, both from a safety and a capital standpoint. He noted that fluoride is currently being
added to the system, as voted by the electorate, and a vote could be sought to eliminate that
requirement.
Responding to Mayor Stiff, Superintendent Elliott stated the Sourdough Dam study is
. currently behind schedule, noting that the engineers have drilled into the canyon to find the
best sites for a new dam.
Responding to the City Manager, Superintendent Elliott stated that adding one operator
would slightly reduce overtime costs. He noted that when one employee is out on sick leave
or annual leave, another operator must cover that shift. He also characterized the addition of
an employee as a safety issue and a productivity issue.
Commissioner Youngman suggested that the Commissioners ask some hard questions
about the public process being utilized by the consultant. She noted that they are currently
behind schedule, and she is interested in knowing that the City is "getting its money's worth".
She also expressed concern that the task force is to provide direction, and it seems their input
has not served that purpose.
. Director of Public Service Phill Forbes stated the consultant is currently organizing two
more task force meetings, one in January and one in April. He also noted staff is asking that
this phase of the project be drawn to a conclusion following those meetings. He then indicated
that, from the feedback he has received, some of the task force members feel the process is
moving too slowly.
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City Manager Johnson indicated that continuation of this review process has been
scheduled for next Monday afternoon.
Adjournment - 5:37 D.m.
. There being no further business to come before the Commission at this time, it was
moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
~~~
ATTEST: ALF M. STIFF, Mayor
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ROB N L. SUUJVAf\L"
. Clerk ~f_~G~~s;on
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