HomeMy WebLinkAbout1996-05-28 Minutes, City Commission
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MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE
CITY COMMISSION
BOZEMAN,
MONTANA
May 28,
1996
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e The Commission of the City of Bozeman met in work session and agenda meeting
in
the Commission Room, Municipal Building, May 28, 1996, at 3:00 p.m. Present
were Mayor
Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, City Manager Wysocki, Staff Attorney/Prosecutor Wordal and Clerk
of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Aaenda Meeting ~ for regular meetina and public hearinas to be held on
June 3. 1996
Since this is an agenda meeting, only those issues requiring staff action
are contained
in the minutes.
. City Manager Wysocki briefly reviewed the background information which was
included in the Commissioners' packets.
(4) The City
Manager reminded the Commission that, because greater than 20
percent of the adjacent property owners protested the requested zone map
amendment, a 75-
percent plurality of the entire Commission is required for approval.
Responding to Commissioner Stiff, the City Manager stated that if the Commission
wishes to delay action on this ordinance, it must place a motion on the
floor to do so at next
week's meeting.
(6) The City
Manager stated that this ordinance will be removed from the
agenda, with the Deputy Clerk of the Commission's salary to be set by the
Clerk of the
Commission through a different procedure.
. (8b) The City Manager stated that this resolution will be removed from the June
3 agenda, and probably placed on the June 17 agenda because additional
information is being
forwarded.
(8e)
The City Manager noted that City Attorney Luwe has forwarded a memo
recommending that the Commission act on this minor subdivision on the consent
agenda.
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(11 )
Associate Planner Chris Saunders provided the background information on
this master plan amendment, under which the land use designations on approximately
21.5
acres at the northwest corner of the intersection of Kagy Boulevard and
South 19th Avenue
would be changed from "urban residential" to "urban residential infill"
on 11.6 acres and to
. "commercial" on approximately 9.9 acres.
The Associate Planner stated that concerns raised by the Development Review
Committee pertain to capacity in the existing sewer lines to accommodate
development of the
subject 20 acres and traffic loads on area streets.
City Manager Wysocki questioned whether an 8-acre parcel is large enough
to
accommodate the type of commercial development that might be desired in
this area. He
suggested that the Commission may wish to consider a larger commercial
parcel, rather than
a smaller parcel which might encourage future proliferation of commercially-zoned
property on
the south side of the community.
Associate Planner Saunders stated that, while there has been a significant
amount of
residential development south of Main Street, there is no B-2 zoned property
in that area. He
. suggested that approval of this master plan amendment and subsequent zoning
could result in
decreased traffic into the center of the community.
He indicated that the University Square
Shopping Center is located on 15 acres, noting that a commercial development
in this area
could possibly be smaller.
Commissioner Stiff noted that this subject 20-acre parcel is actually part
of a parcel
containing approximately 155 acres, noting that master planning of the
entire parcel could
provide for better development. He then asked if extension of Kagy Boulevard
from South 19th
Avenue to Stucky Road or Cottonwood Road is anticipated in the future.
Associate Planner Saunders responded that a transition in Kagy Boulevard
from its
current alignment to an alignment with Stucky Road would be more practical
than an extension
on its current alignment because of the MSU property. He noted that if
that is to be done, then
. the necessary street right-of-way will be acquired during the appropriate
development
processes.
He stated the property owners have recognized the potential for developing the
entire 155 acres in the next five years; however, they recognize that water
and sewer services
must first become available.
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Commissioner Youngman noted that, while the master plan anticipates growth to the
south, no commercial land has been designated in that area. She
then questioned why this
subject parcel was not designated for commercial development in the master plan.
The Associate Planner responded that staff has discussed this proposal and feel that
. it is a reasonable location for commercial development, even though it has not been designated
as such in the master plan.
The City Manager suggested that the property owners be asked about the possibility
of expanding the commercial area. He noted that if they are willing
to enlarge the area, the
Commission could refer the application back to staff and the Planning Board for further
consideration.
Commissioner Youngman noted that, even if development of the entire parcel is not
anticipated for several years, the Commission typically has an opportunity to review the
conceptual plans for development of the entire parcel; and she feels that would be appropriate
in this instance.
Commissioner Frost stated that this application and the issues raised reflect the strong
. need for more proactive master planning.
(12) Assistant Planner Christopher Williams provided a brief overview of this
application, noting that a deviation is being sought to allow a 24-square-foot sign which is 12
feet 6 inches tall to encroach 3 feet into the required 15-foot setback from the street.
Work Session - (A) Review of FY1996-1997 budaet revenue Droiections - Administrative
Services Director Gamradt
Administrative Services Director Gamradt stated that staff is currently preparing the
budget recommendations to be forwarded to the City Commission for consideration. He noted
that this includes projecting revenues for the upcoming year, noting that projections for the
upcoming fiscal year have been forwarded with his memo dated May 21, 1996. He cautioned
. that these estimates are very preliminary and subject to change prior to completion of the
budgeting process. He stated that many of the larger revenue sources are predictable
and
generally stable, while some of the smaller revenue sources are very volatile and extremely
difficult to project with any accuracy.
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The Administrative Services Director reviewed the various sources of revenue for each
of the City's funds, beginning with the General Fund. He noted that the
value of the mill will
not be known until mid-July; and he has used a conservative 5-percent increase
in revenues
from that source for budgeting purposes.
He noted that motor vehicle fees have been
. constant, with those fees rising slightly each year because of the increased number of vehicles
and value of vehicles licensed.
The Administrative Services Director stated that the Building Inspection
budget unit
is to be removed from the General Fund and placed under the Special Revenue
Funds next year
to allow for better tracking under the new Administrative Rules of Montana
which are to
become effective on July 1, 1996.
Administrative Services Director Gamradt stated that a prorata share of the salaries
for the Commissioners, City Manager, City Attorney, Administrative Services
Director and
others paid from the General Fund whose work involves the various enterprise
funds are
charged against the various Enterprise Funds; and those monies become revenues
to the
General Fund. He concluded by noting that every 1 percent off on the total
revenue projections
. represents approximately
$72,000. He noted that expenditures may not exceed the
appropriations unless the Commission amends its appropriation; therefore,
it is anticipated that
actual expenditures will be less than appropriated, and that helps to balance
the budget at year
end, particularly if the revenue projections are not realized.
The Administrative Services Director turned his attention to the revenue
projections
for the Special Revenue Funds, noting that a transfer from the General
Fund is required to
balance the City-County Planning budget each year.
He reminded the Commission that the
housing committee recommended a transfer of $100,000 from the General Fund
to the
Community Housing Fund for each of three years, to provide monies to promote
affordable
housing. He noted that this is the third year of that suggested three-year
program. He stated
that the $100,000 was not included in the City Commission's proposed budget
unit as a
. General Fund transfer, and it appears the Commission has not actually made a conscious
decision on this item as of this date.
Administrative Services Director Gamradt briefly reviewed the revenues
for the various
Enterprise Funds, noting that a 4-percent increase is included in the revenues
for the Water
Fund, a 4-percent increase in the base rate and a 25-percent surcharge
are included in the
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revenues for the Wastewater Fund; and no change in rates of Solid Waste has been proposed
in these figures.
Responding to Mayor Stueck, the Administrative Services Director stated that staff
has estimated the cost of closing the landfill, the portion of the landfill that has been used, the
. remaining portion of the landfill, and the remaining life of the landfill.
He noted that those
figures were then used to calculate the amortization schedule; and that is the basis upon which
monies are to be set aside for closing of the landfill.
He noted that the federal regulations
which require the funding of this liability are currently scheduled to become effective in April
1997, although they have been delayed two or three times already.
City Manager Wysocki noted that the revenues are contained in the budget document
which the Commission will be considering, although the revenue sources are not typically
reviewed in this detailed manner. He stated that
Administrative Services Director Gamradt
reviews the revenues on a monthly basis, to monitor the cash flow from the various sources.
He noted that the Director also uses historic data when compiling these projections.
The Commission
thanked Administrative Services
Director Gamradt for his
. presentation.
Break - 3:58 to 4:05 c.m.
Mayor Stueck declared a break from 3:58 p.m. to 4:05 p.m.
Work Session - (B) Montana Leaaue of Cities and Towns District 10 meeting - Alec Hansen.
Executive Director
Mr. Alec Hansen, Executive Director of the Montana League of Cities and Towns,
conducted the District 10 meeting. Cities represented
at the meeting included Bozeman,
Belgrade, Manhattan, Ennis and Livingston.
Mr. Hansen noted that in the spring of even numbered years, he conducts district
. meetings throughout the state to obtain input on legislative issues for the upcoming session.
That input is then forwarded to the Legislative Committee and, at the annual conference in
October, the League membership will vote on what legislative proposals it wishes to pursue
during the session. The Director noted that the League represents 128
cities and towns,
ranging from Bear Creek, with a population of 68, to Billings.
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Mr. Hansen distributed copies of a position paper which he had prepared,
noting that
it provides background information on some of the issues which will likely
be considered by the
Legislature during the 1997 session. He then reviewed this issues, as follows.
Property Taxes.
The Executive Director noted that the Legislature has begun to
. recognize the negative impacts which 1-105 has created on local governments, particularly
since cities and counties are the only taxing jurisdictions impacted; and
they represent only 10
percent of the total property taxes collected. He stated that the task
force created after the
1995 legislative session has recommended the provisions of 1-105 be amended
to (1) extend
the freeze to all property tax collections, including state and local school
levies; (2) remove the
exception that allows tax collections to rise if values increase as a result
of reappraisal; (3)
exempt increases resulting from new construction, remodeling or change
in tax status; and (4)
allow any jurisdiction subject to the freeze to increase its levy authority
through a public vote,
without declaring a financial emergency. He stated that these revisions
will ensure that 1-105
is applied fairly since it would impact all taxing authorities; and it
places all cities and towns
on an equal level because those communities currently benefitting from
increased mill values
. would no longer be able to do so.
He suggested that the League may also propose an
amendment which allows for a 2-percent annual inflation increase in property
tax revenues,
rather than requiring local governments to continue operating at 1986 property
tax income
levels. He stressed the importance of obtaining some type of relief from
the provisions of 1-105
as it exists, particularly in the eastern cities and counties, where bankruptcy
is rapidly
approaching.
Local option taxes.
The task force has recommended that the restrictions on the
existing resort tax be modified to remove the population limitations and
economic criteria. The
tax could then be applied to hotels, motels, bars, restaurants, recreational
services and luxury
items. Mr. Hansen stated that if this were adopted, local governments would
have the option
of implementing significant tax reform in their communities. He noted that
the Governor has
. indicated he does not support this proposal; however, he suggested that if the Legislature
passes a bill, the Governor may sign it. He stated that failure of this
type of bill in the past has
been due in large part to the concerted effort to get a sales tax passed;
and this year, there is
a greater potential that local option taxes, such as a resort tax, may
pass.
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Motor fuel taxes. Mr. Hansen noted that local option motor fuel taxes have
been on
the books since 1979; however, the legislation requires that the County
place the issue on the
ballot. He stated that efforts will be made to change the legislation to
allow cities and towns
to place the issue on the ballot.
He noted that the petroleum industry claims it will be
. extremely difficult to collect the tax; however, he suggested it won't be.
Sales taxes.
Mr. Hansen stated that MACa has developed proposed legislation to
enact a 4-percent state-wide sales tax, with those revenues being used
to replace school levies.
He cautioned that while the more urban areas may seem supportive of this
proposal,
communities along the Hi-line are strongly opposed.
Accommodations taxes. In 1993, legislation for accommodations taxes was
approved
by the Legislature but vetoed by the Governor.
Mr. Hansen noted that $8 million is being
expended from this source annually for travel promotion in Montana. He
suggested that some
of those monies should be earmarked for cities and towns, to help offset
the impacts which
tourism creates on the local infrastructure.
Gambling taxes. Mr. Hansen noted that this source of revenue typically
represents
. 15 percent of the General Fund revenues for cities and towns, although
he recognized that
percentage is lower in Bozeman. He noted that a gambling addiction treatment
program was
created several years ago, although the source of funding was not identified.
He noted the
costs of the program are estimated at $400,000 annually.
He further noted that the State
receives approximately $260,000 annually in interest income from gambling
taxes, due in large
part to the fact that they do not distribute the monies to cities and towns
until nearly three
months after the close of a quarter. He suggested that those monies could
be used as part of
the funding source for that program without using the actual revenues from
the machines. He
stated that, while the revenues from this source have steadily climbed
since it was created, it
appears that the market is reaching saturation point and the revenues are
beginning to level off.
Impact fees. Mr. Hansen stated that this is listed simply because it is
being discussed
. in several community and has been implemented in some cities, including Bozeman.
He
stressed the importance of being able to balance local needs and interests,
rather than receiving
mandates from the State.
Budget law. A
committee, including several City finance officers, has reduced the
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budget law for general government cities from 92 pages to 6 pages; and that legislation will
be introduced during the upcoming session.
Building code enforcement. Mr. Hansen stressed the importance of building
inspections to ensure public safety and consumer protection. He
noted that at the present
e time, the State does not conduct inspections on any units under five-plexes.
Because of
problems that have arisen in other parts of the state, this issue will arise during the upcoming
legislative session.
Annexation. Several bills were introduced during the 1995 Legislature, although only
one was passed. While no specific bills have yet been identified, Mr. Hansen anticipates the
issue will arise during the upcoming session.
Subdivisions. Mr. Hansen stated he is not aware of any specific proposals
at this
time, although he realizes that bills pertaining to subdivisions will be forwarded during the 1997
session.
Telecommunications. Mr. Hansen noted that Cities are allowed to apply a 5-percent
franchise fee to cable television system revenues at the present time; and that has provided an
. additional source of revenue for many cities and towns. He noted that fees on direct broadcast
are currently imposed by the State.
Prevailing wages. Mr. Hansen briefly reviewed the history of prevailing wage scales
in Montana, noting that under one of the proposals currently being developed, two wage scales
would be created, one for urban areas, which would be applied in the seven most populated
counties, and one for rural areas, which would be used in the remaining counties.
Garbage service. It appears that this issue will be raised by one of the communities
in the State, or it may be settled in the courts instead. The main thrust pertains to allowing
a city to create an exclusive system of garbage collection and disposal.
Mandates and local control. Mr. Hansen noted that legislation passed in 1979 states
that a local government may increase property taxes to cover any significant costs for
. unfunded mandates; however, 1-105 precludes that. He indicated
there is a potential for
additional legislation to be introduced in the upcoming session.
District input. Mr. Joe Menicucci, City Manager of Belgrade, suggested that
an
individual, possibly in the Governor's office, be designated to coordinate State agency reviews
for projects, to expedite their review.
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Mr. Hansen
noted it appears the Governor will recommend a process for approving
applications for the Treasure State Endowment Program through a mechanism
other than being
forwarded to the Legislature.
Commissioner
Rudberg stated that Gallatin County Attorney Mike Salvagni has
e prepared a proposal to add $10 to criminal fines, with those revenues being used to support
victim/witness programs.
She recognized that not all communities have a victim/witness
program; however, she suggested that this source of revenue could allow
one to be
implemented.
Mr. Alec
Hansen announced that the Montana League of Cities and Towns annual
conference will be held in Kalispell on October 9 through 12, 1996.
The Commission
thanked Mr. Hansen for his presentation.
Discussion - FYI Items
Included
in the Commissioners' packets or distributed just prior to the meeting were
the following "For Your Information" items.
. (1 )
Memo from City Attorney Luwe to the Commission, dated May 22,
regarding the waiting period for the decision on land use applications.
(2)
Copy of a letter from the Engineering Department to property owners along
the west side of South Willson Avenue near its intersection with West Grant
Street.
(3)
Letter from Phyllis and Gene Smith, 520 South Willson Avenue, dated May
22, thanking the Commissioners for their recent denial of a kennel license
application.
(4)
Letter from the Human Resource Development Council, dated May 24,
inviting the Commissioners to attend a community-wide "Dialogue on Poverty"
at 2:00 p.m.
on Thursday, May 30, at the Public Library meeting room.
(5)
Transportation Projects status updated for March 1996, as prepared by City
Engineer Craig Brawner.
e (6)
Memo from the Bozeman Tree Advisory Board, dated May 22, 1996,
requesting the Commission to consider budgeting $8,000 for the tree planting
cost share
program.
(7)
Letter from Father Robert J. Beaulieu, Holy Rosary Church, dated May 22,
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forwarding his appreciation for Cemetery Foreman Tim Murphy's assistance and care of the
cemetery.
(8) Letter from the Headwaters Cooperative Recycling Project, dated
May 17,
inviting the Commissioners to attend the next meeting, which is scheduled for 10:00 a.m. on
e Thursday, June 6, at the Jefferson County Courthouse.
(9) Agenda for the Development Review Committee meeting held at 10:00
a.m.
today in the Commission Room.
(10) Agenda for the Design Review Board meeting to be held at 3:30
p.m. on
Wednesday, May 29, in the Commission Room.
(11 ) Agenda for the County Commission meeting which was held
at 1 :30 p.m.
today at the County Courthouse.
Adjournment - 5:35 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
. adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
a ,! /3~
DON E. STUECK, Mayor
ATTEST:
~oI~
ROBIN L. SULLIVAN
Clerk of the Commission
e
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