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HomeMy WebLinkAbout1993-01-11 ccm ---..-...-..-. n .._ __ ___ t ." ; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 11, 1993 **************************** * . The Commission of the City of Bozeman met in reguar session in the Commission Room, Municipal Building, January 11, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent (left the meeting at 4:21 p.m.), Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 4. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of January 4, 1993, be approved as amended. The motion carried by the .following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Continued Dublic hearina - Commission Resolution No. 2898 - intent to create SID No. 656 for the DurDose of accomDlishina the enaineering design. construction. insDection and enaineering certification of a 10-inch water main extension to the BurruD Annexation This was the time and place set for the continued public hearing on Commission Resolution No. 2898, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2898 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 656 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, . INSPECTION AND ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. Mayor Swanson reopened the continued the public hearing. At the Mayor's request, City Engineer Craig Brawner reviewed his memo of January 8, which was included in the packet, along with a map of the district, showing the information 01-11-93 --- -..--..---.....- ..-. ..--..-----...-.-.. - 2 - requested by the Commission at last week's meeting. He reminded the Commission that the petition filed with the City is for a district which includes 78.9 acres, divided into fourteen tracts and lots under ten separate ownerships. He stated that after the petition, signed by 59.9 percent of the property owners, was filed with the City, one of the remaining property owners indicated .support and a willingness to execute the petition as well, raising the percentage to 75.5 percent. He stated the estimated cost of extending the 1 O-inch water main to the subject site is $392,000, for a per-acre cost of $4,970. He reminded the Commission of the written and verbal protests they have received from one property owner, who owns 8 acres, or 10.2 percent of the property within the proposed district. City Engineer Brawner presented a site map which shows the area in question; the property owners, those parcels that are developed, the percentage of the area those parcels represent, and the revised principal assessment based on a total estimated cost of $392,000. The City Engineer stated that under this special improvement district, the water main would be extended from its current terminus on East Main Street at its intersection with Haggerty Lane, eastward under the interstate and along the East Frontage Road within the road's right-of- .way. He stated that five of the tracts are currently developed; and they include the RV trailer park, Dick Walter Motors, D & R Vending, Mr. Cowdrey's personal residence, and the Ganser property, which is part residential and part commercial. He indicated that the only extraordinary costs of the project appear to be the jack and bore under the interstate, which is estimated to cost $20,000. He estimated that on a 20-year amortization schedule, Mr. Ganser's assessments for his 8-acre parcel would be $287 per month at 6 percent interest, $312 per month at 7 percent interest and $335 per month at 8 percent interest. City Manager Wysocki reviewed his memo of January 8, which was included in the Commissioners' packets. He emphasized the fact that owners of over 75 percent of the property have expressed support for the project, while the owner of 10.2 percent of the property has stated . opposition. He suggested that the Commission should consider approving this project, which would extend water to the Burrup Annexation for two reasons: (1) city residents are used to being able to turn on the faucet and get water from a reliable source, and (2) fire protection. He noted the importance of providing adequate fire protection to this are of the community, particularly with the development which has occurred and the new development wishing to relocate to the area. The City Manager reviewed some alternatives that he has identified: (1) reduce the size 01-11-93 ...u__.______._.__ - 3 - of the district by eliminating the two easternmost parcels; (2) leave the protested parcel out of the district, while retaining the easternmost parcel; and (3) begin the process over, eliminating the easternmost parcel or two and including a provision for paybacks for future hookups to the main. He provided staff comments and responses to each of these alternatives, concluding with staff's . recommendation that the City Commission proceed with the proposed special improvement district as proposed, particularly since it appears to be in the public's interest to do so. The City Manager stated that a review of the minutes from the December 6, 1978 and January 3, 1979 meetings as well as the City Manager's memos issued prior to those meetings do not reflect what has been portrayed by Mr. Ganser and his attorney. He further noted that there is no written agreement between the City and Mr. Ganser. City Manager Wysocki noted that the City does have a policy for participating in the costs of oversizing water and sewer lines; therefore, it would participate in the upgrade to a 10-inch water main in the Burrup Annexation, at an estimated cost of $15,000 to $20,000. He also suggested that the Commission may wish to participate in the extraordinary costs for this district, which would be the bore and jack under the interstate at an estimated cost of $20,000. He .cautioned the Commission that under the City's policy, it would not participate in extension of the line itself, even though it covers quite an extended distance. City Attorney Luwe stated that if the Clerk receives valid written protests from owners representing more than 50 percent of the cost of the proposed work, the City is barred from attempting the creation of a new district for a period of six months. He noted that in this instance, however, that provision would not apply because only 10 percent protest has been received. He stated that if the Commission deems it appropriate to begin the process over, it could be started immediately, resulting in an approximate eight-week delay. Mr. Larry Johnson, President of ILX Lightwave, stated that his firm has been in Bozeman for six years; and the last two years, they have been looking for a new location in which they can expand. He stated that the next few years will be growth years, noting they currently have 45 .emPIOyeeS and projecting that by 1995, they will have 80 employees. He stated that they have looked at a number of land possibilities; and the 6-acre parcel lying just east of Dick Walter Motors meets their needs because it is appropriately sized, it is reasonably priced, is close to the city center and is appropriately zoned. He noted the only problem is that it does not have City water service, which is essential to ensure that their facility has adequate fire protection. 01-11-93 ------- ,.,.- ,..,....--.- - 4 - Mr. Johnson stated that, in addition to finding the subject parcel, they also found an investor who is willing to assist them with construction of their building. He noted the need to begin construction of the first building as soon as possible this spring, since they must relocate from their current location at the Advanced Technology Park by the time their lease expires at the .eend of September. He informed the Commission that as the operation expands, more buildings will be constructed on the site, and their demand for City water service to meet the needs of the employees will also increase. Mr. Mike Huempfner, owner of the property at 31910 East Frontage Road, which is the current site of Dick Walter Motors, concurred that fire protection is an extremely critical issue. He noted that it was an issue when the car dealership moved to that site two years ago; and it still is. He stated that they have forty employees; and providing them with adequate and safe drinking water is also a concern. Mr. Huempfner concluded that this annexation has been a part of the city since 1979; and it is past time for City services to be provided. He noted the importance of considering the question "what happens if?" the City water were not put in. . Mr. Dan Kamp, 116A Gallatin Drive, stated that he has been in a partnership that has owned the 8 Y:z -acre tract at the off ramp for the past thirteen years; and he is part of the group that initiated the original sewer SID. He noted that at the time of that SID, they were told that the City would not be able to provide City water because of the status of mains in that area. He suggested that, with the improvements to the water main in Highland Boulevard and other infrastructure improvements, he feels that the services can now be provided to the Surrup Annexation. Mr. Kamp stated his support for this proposed special improvement district, noting it is time to provide water services to that annexation so that it can be developed. He noted that the location of this subdivision along the interstate makes it ideal for several commercial and industrial . uses which are seeking locations within the city limits and on city services. Mr. Ron Schmidt, 75 Hitching Post Road, stated that he is a builder in the Gallatin Valley. He stated support for the proposed SID, noting that it will provide jobs for contractors like him as well as provide permanent jobs for other people in the Gallatin Valley. Mr. Jim Screnar, attorney representing Mr. Neal Ganser, stated he has had an opportunity to review City Manager Wysocki's memo of January 8 and his interpretation of what occurred in 01-11-93 ___.. __.n _. .. , , - 5 - 1978 and 1979. He stated that interpretation is not consistent with what really happened at that time. He noted that the Gansers protested the annexation because it was not financially conducive to them since they are not developers. He stated that the original protest against the annexation was lodged on December 11, 1978 in a protest document contained within the file in his office. . He noted that protest document would have stopped the annexation; however. Mr. Ganser agreed to the annexation, as contained in his protest document, with the stipulation that a sewer SID was the only SID to be allowed on his property. Mr. Screnar stated that at the time of annexation, a sewer SID was being contemplated and may have actually been the reason for the annexation. He indicated that the agreement was that sewer would not be provided for at least two years; and it actually was not provided until seven years later. He noted that at the time of annexation, the City indicated it was in no position to provide any other city services to the area. Mr. Screnar stated he feels the City Manager's interpretation of what occurred in 1978 and 1979 is not correct. He reminded the Commission that only a small portion of Mr. Ganser's site is zoned M-1 ; and the remainder is utilized for his residence. He noted that Mr. Ganser did not .own the entire 8 acres at the time of annexation, when the protest to annexation was lodged; rather, it was acquired later to avoid the potential development of a waterslide, which was planned for the parcel. Mr. Jim Screnar suggested that to allow another SID to be levied against Mr. Ganser's property would be unfair, not only financially, but would be inconsistent with what the City agreed to. He suggested that the minutes from the meetings in 1978 and 1979, which he did not see until December 1992, do not provide an accurate record of the proceedings at that time. Mrs. Jean Ganser, 32404 East Frontage Road, submitted written testimony to the Commission, which she read into the record. She stated that she and her husband have lived at that address since 1978. She noted that their mortgage is their only monthly payment; and they . have lived within their monthly income for their twenty years of marriage. She stated that, given their chosen lifestyle, they would not be able to handle the burden of additional SID's. She went on to say that, in fact, the City agreed to only place a sewer SID on their property, and not for at least two years after annexation. She noted that the sewer SID has been implemented, in accordance with that agreement. Mrs. Ganser stated that most people owning property in the Burrup Annexation, purchased 01-11-93 ...-.....-... - 6 - those parcels after the annexation process was completed, with the intent of developing. She suggested that they should be allowed to seek City water service if they wish; however, she does not feel that they should be required to participate in those costs since they did not purchase their property for development purposes. She encouraged the Commission to not approve this special .improvement district so that it includes their property. Mr. Neal Ganser, 32404 East Frontage Road, submitted his written testimony to the Commission, and also read that testimony into the record. He stated that the City Manager's memo of January 8, 1993, did not present alternatives, as he believes was directed by the Commission. He stated that creation of this special improvement district, as proposed, will result in the City's breaking a previous agreement it had with a homeowner. He noted that it will result in his subsidizing of nearby development. He stated, however, that with the City's vested interest in ensuring that ILX Lightwave has adequate facilities, he does not believe that he will be successful in his protest. Mr. Ganser reiterated his willingness to allow the M-1 zoned portion of his property to be included in the special improvement district, but not the entire parcel. . Responding to Mayor Swanson, Mr. Screnar stated the minutes from 1978 and 1979 are being used to basically summarize what was an agreement reached between his client and the City. He noted that those minutes are ambiguous, although, if one follows the trail of paperwork in his files, the intent and direction are very clear. He reiterated his concern that he did not see those minutes until just recently. City Manager Wysocki reminded the Commission that the minutes are the official record of the City; and he has quoted them verbatim with emphasis added in his memo. He noted that the only information about an agreement that has been submitted in this process is a letter from Mr. Ganser to Paul Bolton, former Planning Director, dated December 11, 1978. In response to Commissioner Frost, City Attorney Luwe stated his interpretation of the .minutes from 1979 is similar to the City Manager's. He noted that those minutes were approved by the Commission that took the action; and they apparently understood what had occurred. City Manager Wysocki entered into the record letters in support for the creation of SID No. 656, as follows: (1) letter dated January 4, 1993, signed by Dan Kamp, Kamp/Vandermolen Investments; (2) letter dated December 22, 1992, from Donald and Gloria Thiesen; (3) letter from David Osterman, dated December 28, 1992; (4) letter from Diane Stuart representing Anthony 01-11-93 - 7 - Wayne Corporation, dated December 19, 1992; (5) letter from Ellen Kreighbaum, dated December 22, 1992; and (6) letter from Larry Johnson, President of ILX Lightwave, dated January 11, 1993; and a letter of opposition from Neal Ganser, dated December 18, 1992, along with statements of opposition from Neal and Jean Ganser as submitted during the public hearing. . It was moved by Commissioner Stiff, seconded by Commissioner Vincent that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. Commissioner Vincent noted the difficulties which have arisen. He stated, however, that given the import of the official minutes from December 6, 1978 and January 3, 1979 he feels it is appropriate to proceed with the creation of this special improvement district. Commissioner Knapp noted that this special improvement district was brought forward by a petition from the property owners, rather than being initiated by the City. She stated her support for proceeding with creation of the district. .A Commissioner Frost stated his support for proceeding with creation of the district for two .., reasons: (1) the property owners have requested the district, and it has been supported by 75 percent of the land owners, and (2) he cannot see denying fire protection to this area with the type of support which this district seems to have. Commissioner Stiff noted the large percentage of property owners who support the creation of the district. He then emphasized the importance of ensuring the safety of properties located within the city limits. Mayor Swanson stated that he was not persuaded in the direction of Mr. Screnar's arguments about the City's minutes. He noted his feeling that, while 100 percent agreement would have been nice, he is compelled by the strong support which it does have. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare a resolution creating SID No. 656, and that it be brought back for action as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 01-11-93 ___n..._.u_ - 8 - Break - 4:22 D.m. to 4:27 D.m. Mayor Swanson declared a break from 4:22 p.m. to 4:27 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. City Manager Wysocki presented Ordinance No. 1359, as prepared by the City Attorney, entitled: ORDINANCE NO. 1359 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1332ANDORDINANCENO. 1341 WHICH SAID ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.010; 18.06.040C; 18.06.060; 18.08.020; 18.10.010; 18.10.020B; 18.10.030D; 18.10.060; 18.12.010; 18.12.030; 18.12.060; 18.14.060; 18.16.060; 18.17.060; 18.18.020B; 18.18.060; 18.20.020B; 18.20.060; 18.24.020; 18.24.060; 18.26.020B; 18.26.060; 18.28.060; 18.30.060; 18.38.060; 18.41.050; 18.42.020; 18.42.030C; 18.42.050; 18.42.060C; 18.43.040C; 18.43.050; 18.43.060F; 18.43.080; 18.50.020C8; 18.50.035C; 18.50.070A; 18.50.120F1; 18.50.120F3; 18.50.1601; 18.52.050; FORMS 2,3 AND 4 OF . 18.54.100E; 18.56.030; 18.58.010; 18.58.080; 18.62.090A; AND 18.70.020 OF SAID CODE, PROVIDING FOR REVISION TO THE FOLLOWING: GENERAL DEFINITION OF TERMS; BOUNDARY INTERPRETATION GUIDELINES; CLASSIFICATION OF PARTICULAR USES; COMPLIANCE WITH ZONING REGULATIONS; INTENT OF CONDITIONAL USES, LOT AREA AND WIDTH, AND BUILDING HEIGHT FOR A-S DISTRICT; INTENT, LOT AREA AND WIDTH, AND BUILDING HEIGHT FOR R-S DISTRICT; BUILDING HEIGHT FOR R-1, R-2, AND R-2A DISTRICTS; CONDITIONAL USES AND BUILDING HEIGHT FOR R-3A AND R-3 DISTRICTS; PERMITTED USES AND BUILDING HEIGHT FOR R-4 DISTRICT; CONDITIONAL USES AND BUILDING HEIGHT FOR R-O DISTRICT; BUILDING HEIGHT FOR B-1, B-2, B-P, AND R-MH DISTRICTS; DEFINITIONS, DESIGN REVIEW BOARD POWERS AND CERTIFICATE OF APPROPRIATENESS IN NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; DESIGN REVIEW POWERS, CERTIFICATE OF APPROPRIATENESS, SIGNAGE STANDARDS, AND DEVIATIONS IN ENTRYWAY CORRIDOR OVERLAY DISTRICT; GENERAL BUILDING AND DEVELOPMENT STANDARDS: OUTDOOR SALES AND DISPLA YS; OUTDOOR STORAGE; FENCES, WALLS AND HEDGES; DISABLED ACCESSIBLE PARKING REQUIREMENTS; NON-CONFORMING USES; CERTIFICATE OF APPROPRIATENESS SUBMITTAL REQUIREMENTS; PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA EVALUATION FORMS; POWERS AND DUTIES OF BOARD OF ADJUSTMENT; DEFINITIONS . UNDER PLAN APPEALS PROCEDURE; HEARING PROCEDURE; ADMINISTRATION OF BUILDING PERMITS AND INST ALLA TION OF IMPROVEMENTS; VIOLATION PENALTY PROVISION. City Attorney Luwe indicated that there are several typographical errors which were overlooked in a hurried attempt to prepare this ordinance for the packets on Friday, He reviewed those change, as follows, noting that they will be corrected prior to final adoption of the ordinance in two weeks: 01-11-93 - 9 - Page 3, Section 2, fourth line down in the underlined section - cross out the "d" on "and" so it reads "an evaluation" Page 8, Line 3 - after the crossed out "twenty-four feet", insert an underscored "as follows:" Page 8, Line 5 - Sub-paragraph B should be revised to read "but not greater than" instead of "but less than" . Page 10, Line 4 - Sub-paragraph B should be revised to read "but not greater than" instead of "but less than" Page 10, Section 12 - delete table as it appears before the section number. Also, change the height limitation in "A" from "34" to "32" feet; and the height limitation in "B" from "30" to "28" feet Page 11, Section 13 - change the height limitations in "A" and "B" to correspond with Section 1 2 above Page 11, Section 14 - insert the language for Subsections A, Band C, to be the same as in Sections 12 and 13 above Page 1 2, Section 1 6 - insert the language for Subsections A, Band C to be the same as in Sections 12 and 13 above Page 17, Subsection L - delete the word "Definitions" so the header reads "Relocation" Pages 25 and 26, Section 38 - correct the column format . Page 31, Sub-paragraph j., change to read "any aDDlicant-reauested deviation(s)" The City Attorney stated that, with these revisions, the ordinance will reflect those modifications to the amendments as made by the City-County Planning Board and the City Commission. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1359, as amended to reflect the changes listed above, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1359, as revised by the listing above, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No . vote: those voting Aye being Commissioner Knapp, Commissioner Frost. Commissioner Stiff and Mayor Swanson; those voting No, none. 01-11-93 - 10- Ordinance No. 1360 - addina chaDter 2.84 to the Bozeman MuniciDal Code. Droviding for the creation of the Bozeman Beautification Advisorv Board and establishing the duties and resDonsibilities thereof City Manager Wysocki presented Ordinance No. 1360, as approved by the City Attorney, entitled: . ORDINANCE NO. 1360 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THE ADDITION OF CHAPTER 2.84 TO THE BOZEMAN MUNICIPAL CODE, THE CREATION OF THE BOZEMAN BEAUTIFICATION ADVISORY BOARD AND EST ABLlSHING THE DUTIES AND RESPONSIBILITIES THEREOF. Commissioner Knapp introduced Sue Higgins, current Chair of the Beautification Committee. She noted that the Beautification Committee has done well in its fund-raising activities; and encouraged the Commission to adopt this ordinance, which formalizes the committee and its structure and duties. Beautification Committee Chair Sue Higgins stated the activities of the Sculpture Committee, which is taking applications from sculptors in Montana for a piece for the Sculpture . Park. She stated that, hopefully a sculptor will be selected this summer for project completion by next summer. It was moved by Commissioner Frost, seconded by Commissioner Stiff that the Commission provisionally adopt Ordinance No. 1360, adding chapter 2.84 to the Bozeman Municipal Code to provide for the creation of the Bozeman Beautification Advisory Board, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. Commissioner Knapp stated that Assistant City Manager Ron Brey has been very instrumental in developing the documents to formalize this board. She added appreciation for his assistance and perseverance. . Discussion - list of capital Droiects to be funded through Davment of future Vallev Unit SID assessments and notes receivable Mayor Swanson stated that the Commission is not attempting to set the final list today, but is simply trying to determine whether the existing schedule is adequate for public hearing. The Mayor asked Clerk of Commission Sullivan when was a good time to have the public hearing. 01-11-93 - 11 - Responding to the Mayor, Clerk of the Commission Sullivan indicated that the first available public hearing date would be February 16. City Manager Wysocki asked the Commissioners to add anything that is not on the list but which they feel is important. He added that if there is something on the list which they do not .support, it should be removed prior to forwarding the document for public hearing. He then cautioned the Commission that the projects funded with these monies should touch each area of the community. Commissioner Knapp stated that in early discussions, the possibility of using this source of funding to offset some of the costs of renovation to the Law and Justice Center or possibly the construction of a new fire substation were discussed. The City Manager responded by noting that he was directed to stay within the cash flow from this funding source; and those projects did not meet that criteria. Commissioner Knapp stated she feels it is important for the Commission to adopt the transportation master plan before it considers conducting a public hearing on this proposed list of projects. . City Manager Wysocki suggested that some of the smaller projects included in the transportation plan could possibly be included in the regular budgeting process. Planning Director Epple mentioned some of the recommendations that will be forthcoming, including a bike lane along the north side of Babcock Street from South Third Avenue to South Rouse Avenue; and no parking on the south side of Mendenhall Street in the same area. He noted the bulbs proposed for pedestrian traffic, to minimize the distance which they must walk between safe places. He went on to say that, while signalization of the intersection of West College Street and South Willson Avenue was ranked 7th on the listing by the consultant, the Planning Board has lowered it to 18th priority. The City Manager stated that no projects have been listed in the final two years of the .remaining assessment period. He explained that this is to allow for early pay-offs, which will result in less interest than anticipated, as well as potential delinquencies. He suggested that the Commission may wish to set parameters for how the monies will be spent prior to the public hearing. The City Manager reviewed the listing of proposed projects, which was included in the Commissioners' packets. He added that some of the projects may not cost as much as estimated; 01-11-93 - 12 - and noted that some of the more costly items have been spread over two or three years so that the cash flow can accommodate those expenditures. Commissioner Stiff stated he is impressed with the cash flow projection. He highlighted the fact that eight Commissions will have been involved in the Valley Unit Subdivision special .improvement districts from the beginning of the delinquency problems until the entire issue is resolved, he feels it would be extremely beneficial if the City set up a designated fund for this purpose. He suggested that the monies from the fund be expended for a specific purpose, such as transportation. He noted that as the monies accumulate in the fund, they can be expended on projects that are determined critical and as being of benefit to the entire community. He stated that this approach would eliminate the possibility of creating a mini-budget, but would allow the issues to be addressed during the regular budgetary process. Responding to questions from Commissioner Stiff, the City Manager indicated that the SID Revolving Fund will support any delinquencies that may require such attention. He noted that any monies remaining in the individual SID accounts after the assessments have been received may be transferred into the SID Revolving Fund by the Commission. . City Manager Wysocki concurred that the Commission could address expenditure of the monies from this revenue source during the annual appropriation process, possibly through the capital improvements program. Commissioner Stiff stated his desire to wait for the Attorney General's opinion before making any decisions on expenditure of these monies. He noted that opinion could dramatically impact the City's financial state for the next few years. Commissioner Stiff reiterated his preference for refunding monies to the taxpayers rather than this option; however, he conceded that if this option is to be used, he would definitely prefer that the monies be set aside into a designated fund for transportation issues. City Manager Wysocki indicated that is a possibility. He noted that, while items other .than transportation issues are included in the list submitted in today's packet. it could be adjusted to include only transportation issues. Commissioner Frost stated that the list was a good one, although he recognizes that it won't please everybody. He compared this list to the five-year sidewalk program, noting that it can be changed as needed. He noted that the current list covers the entire community, providing something for everyone. 01-11-93 -- ------ ....-...-.- ..--.-.------.. - 13 - Responding to a question from Commissioner Frost, the City Manager stated that the storm drainage at North 8th Avenue extended and Durston Road does not function properly. He explained that the ditch between Serv-Ur-Self Furniture and the houses on North Ninth Avenue often fills beyond capacity, causing flooding in that area. He noted that the water also spreads to .the north side of Durston Road. where it creates a bog in which people often become stuck. Commissioner Frost stated an interest in raising improvements to the intersection of College and Willson on the priority list, particularly for the safety of children. Responding to Mayor Swanson, the City Manager indicated that a traffic signal at Tamarack and North 7th Avenue would assist trucks turning to left or right onto North 7th Avenue to leave the community. He noted it is the desire to move most of the trucks around the community rather than through the community. He added that this traffic signal would also assist the County and State trucks in their attempts to access North 7th Avenue from West Tamarack Street. Further responding to the Mayor, the City Manager stated he does not believe the Story Mill Trail would adequately address the needs for parkland in the northeast sector. He suggested .that it may be possible to acquire some property adjacent to that trail that could be developed as a park. He noted how the character of that area has changed from undergoing a transition to industrial, to once again becoming a viable residential area. Mayor Swanson stated that he recently received a letter from Mr. Rothwell, Montana Department of Transportation, responding to the City's request for funding to implement the traffic safety improvement study. He noted that Mr. Rothwell indicated that they had more applications than funds for this year's program; and that Bozeman's request will be included in next fall's list of projects. He asked if some of the most critical items on that list could be added to the City's list for funding from this source instead. The Mayor commented on the diversity of the projects included in the list, noting the .importance of maintaining that diversity to ensure that all of the taxpayers in the community benefit. Commissioner Knapp stated her support for the preliminary designs which have been listed under FY 1993. She noted the importance of having designs on the shelf, particularly when one is seeking funding from an outside source. City Manager Wysocki reminded the Commission that Main Street and North 7th Avenue 01-11-93 --- . - .-.--- ~,..- ~._.,.. - ..---...-.-.. - 14 - are state highways. He concluded that the State, therefore, will do the design work for projects which involve those roadways when they deem appropriate. Responding to questions from Commissioner Stiff, Director of Public Service Forbes indicated that the list of transportation projects is taken from the list of projects in the . transportation plan update. He indicated that most of the listed projects have ranked quite high on the prioritized listings to date. Mayor Swanson suggested that the Commission discuss this item once more before the listing is forwarded for public hearing. He requested that this item be placed on the February 8 agenda, in anticipation of a public hearing on February 16, 1993. Discussion - additional funding reauired to cover bids for renovation of Law and Justice Center City Manager Wysocki stated that, included in the packet was a memo dated January 8, forwarding information regarding the additional funding for this project. He referred to that memo noting it appears that the City will need to provide $180,000 to $200,000 more than originally anticipated for renovation of the Law and Justice Center to provide space for the Police Department .and City Court because the bids came in higher than anticipated. The City Manager stated that the County Commission must know by January 20 whether the City wishes to participate in the project, with the higher costs involved. He suggested that during the joint meeting with the County Commission, they may wish to discuss this item. He noted that the project costs could be decreased by 7 percent through a provision in the contract, which would eliminate $140,000. He noted that through the change order process, the cost could be decreased even further, through the substitution of materials and the use of less expensive methods of construction. City Manager Wysocki informed the Commission that he met with Mr. Don McLaughlin, architect for the project. He indicated his interest in ensuring that two items remain in the budget-- . the more efficient heating system, which supposedly has a payback of six years, and the third floor storage area. He noted that the County has applied for a grant through Montana Power Company to defray some of the energy costs involved in this project. He added the importance of retaining the storage area, noting that if extra space is needed for expansion in the future, it will be much less expensive to build if the storage area is completed now. 01-11-93 --... .-.' . .------.. ..- _........._...._.__u . - 15 - Commissioner Knapp noted the City would not be able to get this same space on its own for the monies involved in this project. The City Manager stated the efficiencies to be gained by having one dispatch area for both the police and sheriff activities, the minimal transporting of prisoners and having the court systems .~ and the attorneys so close together. ...,., Commissioner Frost stated he thinks it in the best interest of the City to continue, suggesting that financing can be addressed at a later date. Commissioner Stiff stated his support for moving forward, although he is concerned about the amount of money involved. He reiterated his position that this would be an ideal place to spend some of the reserves for fixed asset acquisition, noting that fund balance grew by $120,000 last year according to the financial statements recently issued. Mayor Swanson stated that, while he supports minimizing the additional funding as much as possible, he agrees with the importance of ensuring that the heating system be upgraded and storage area provided. He expressed his feelings on the importance of moving forward, being as conservative as possible. He noted that the funding issues can be addressed at the appropriate ~time. .....,. City Manager Wysocki reminded the Commission that the City has already expended $60,000 in architectural services on this project. He suggested that the Commission may wish to negotiate for more years in the contract in exchange for the additional upfront funding being provided. Mayor Swanson requested that this item be placed on next week's agenda for further discussion and final action. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" . items. ( 1 ) Memo from Clerk of the Commission Sullivan, dated January 7, notifying the Commission that the Commission meeting on January 19, 1993 will start at 3:30 p.m. in the Community Room of the Courthouse. There are four public hearings scheduled for that evening so the Commission will reconvene at 7:00 p.m., in the Commission Room at City Hall. 01-11-93 ..__....._...._m -_._---"--,,. ______._n.. . . , - 16 - (2) Letter from Frank Boschi, dated January 5, accepting his appointment to the Board of Adjustment. (3) Notes from the December 1992 Beautification Committee meeting. (4) Copies of an article entitled Having a Successful Municipal Compost Program in .the December 1992 issue of the Municipal Solid Waste News, which is on the City of Bozeman's compost program. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 12, at the Carnegie Building. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, January 12, at Carnegie Building. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, January 12 in the Commission Room. (8) The City Manager submitted his weekly report, as follows: ( 1) Noted that the street crews are having a hard time keeping up with all the snow removal, although the snow routes have been pretty well maintained. He noted that there will be some publicity to inform . people that the snow routes are done first so they understand the concept a little better. (2) Gave a brief update on legislation, noting that the City has subscribed to the bills service. He stated that the information will be maintained at the Library, so everyone has access to the bills and their status. (3) Reminded the Commission of Local Government Day, which is scheduled for Friday. He asked for a final count of those who plan to attend the Friday evening dinner with local legislators so that final plans can be made for that dinner. (4) Announced that interviews will be conducted later this week for the position of Personnel Director. (5) Noted that the positions of Neighborhood Coordinator and Grantwriter will be advertised in the near future. (6) Noted that self- evaluations for program facilities are being conducted, in compliance with ADA regulations. (7) Announced that the Parking Commission met last week. (8) Noted that City crews have been . chopping ice in Bozeman Creek because of the cold weather. He expressed concern about the safety of these individuals, particularly since they were in the creek under the Eagles, Main Street and the Caravan. He stated that staff may request authorization to drill two new wells to introduce warm water into the creek to keep the icing conditions to a minimum. (9) Noted that over 100 residents are being asked to keep their water running a little to keep the service lines from freezing. 01-11-93 .",' ---.-.---..--.-...- - t '-" . - 17 - (10) Reminded the Commission of the annual Chamber of Commerce dinner meeting, which is to be held on January 26, 1993. (9) Commissioner Stiff stated that he will be in Helena a couple of days this week and he will try to attend some of the legislative meetings. ... (10) Commissioner Frost urged the City Manager to check on the snow removal He noted that this past week, he helped a handicapped student at MSU in a citation program. wheelchair through an area that was pretty snowpacked; and it was rather difficult. (11 ) Commissioner Knapp submitted the following items. (1 ) Thanked the City Attorney for his memo to Steve Cottrell, Director of Library, in reference to Dorothy Porter's bequest to the Bozeman Public Library. (2) Reviewed some of the information contained in this month's "Check It Out" newsletter from the Library, including the fact that tax forms are available and the fact that you can use the libraries fax to forward comments to the legislators. (3) Reminded the Commission that she will not be in town for Local Government Day. ( 12) Clerk of the Commission Sullivan stated she will be leaving on Tuesday for the Region VIII Conference in Whitefish, Montana. . ( 13) Mayor Swanson presented the following items. (1) Noted he will be out of town next week and, therefore, will be unable to attend the City-County Health Board meeting on Wednesday, January 13, at 11 :30 a.m. He asked any interested Commissioner to contact him after the meeting. (2) Distributed copies of a letter of support he had written for a grant proposal. He stated that MSU is trying to reach a critical mass of freshmen that are striving to become alcohol and drug free on the MSU campus, noting that 200 freshmen have already participated in a pilot program over the past two years. He provided some statistics, stating that a survey done in 1991 revealed that 50% of MSU students report drinking and driving compared to a national average of 35%; 50% of the freshmen drank occasionally and 24% drank frequently; and according to campus police 90% of all vandalism and family disturbance calls are alcohol and drug .related. (3) Noted the editorial recently written by Tammy Halt, in which she suggests that Commissioners vote alike and think of one mind. He stated an interest in maybe researching the ten most important issues upon which the Commission has made decisions this past year to see if that observation is accurate. He noted that, often, when the Commission does have a 5-0 vote, it is following substantial discussion and give-and-take to reach a consensus position. 01-11-93 -~.,--,_._--,----,.. '~ - 18 - Consent Item, City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2902. endorsing legislative reform of the Moratana Subdivision and Platting Act Ratification of bylaws for the Bozeman Beautification Advisory Board ACknowledge receipt of 8oplication for vacation of alley - Bozeman F & G Limited . Partnership - north/south alley in Block 1. Springbrook Addition (between North 7th Avenue and Nort,,8th Avenue. running from West Mendenhall sQuth to the alley) AW~lrd bid. one current model rear load garbage truck - Tri-State Equipment. Inc.. Billinqs. Montana - $72.067 .00 Award bid - one 1993 current mod~1 vibrating soil/asphalt compactQr - Tractor and EauiDmen~. Billings. Montana - $52.028.00 It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adjournment - 5:55 o.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. ATTEST: ~s~~ . Clerk of the Commission 01-11-93 - --