Loading...
HomeMy WebLinkAbout1996-05-28 Minutes, City Commission .~---~._-- ---.... MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 28, 1996 ********************** ******* 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. 05-28-96 -... -------.-.- ...- .. _._n__ - 2 - (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. 05-28~96 - 3 - 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. 05-28-96 ---..--...-... ..-- . --- -- - 4 - 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 05-28-96 -------- -- - -. . .---. u_.. ..___._...__ ---.--. ..-... -~_._.~,...:~.~-~..- .~ - 5 - 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. 05-28~96 -.--...------... - 6 - 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. 05-28-96 --- ..-.-.. - .-...--.. - 7 - 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 05-28-96 - 8 - 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. 05-28-96 ---.-.----- - 9 - 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, 05-28-96 - 10- 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 05-28-96