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HomeMy WebLinkAbout1992-08-03 ccm -..---...-.- : , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 3, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 3, 1992, at 3:30 p.m. Present were Temporary Chair Knapp, Commissioner Frost, Commissioner Stiff, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Swanson and Commissioner Vincent were absent, in compliance with Section 7-3-4322(2), M.C.A. 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 - Julv 13. Julv 22 and Julv 23. 1992 Temporary Chair Knapp requested that action on the minutes for the regular meeting of . July 13 and the special meetings of July 22 and July 23 be deferred for a period of one week, until a full Commission is present. Introduction of Historic Preservation Officer Derek Strahn Planning Director Epple introduced Mr. Derek Strahn to the Commission, noting that he has replaced Catherine Goetz as the City's Historic Preservation Officer. He stated that Mr. Strahn recently received his Master of Arts degree in History from MSU, where his area of specialty and thesis were on Native American Culture in Montana. He noted that Mr. Strahn's training as an historian will be beneficial in his new position. Temporary Chair Knapp welcomed Mr. Strahn, noting it is great to have him on board. . Discussion of Memorandum of Understanding with County re renovation of Law & Justice Center The City Manager reminded the Commissioners that at last week's meeting, he had distributed a copy of the final draft of the Law & Justice Center Memorandum of Understanding, and requested that the Commissioners forward any concerns as soon as possible. The City Manager then provided the square footages for the various activities under 08-03-92 --- ---..-- .----.-.--.---.- - ..-.--------- -- , " - 2 - "County Space" at the top of Page 2, as follows: Coroner Office & Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . Ii . . . . Ii . Ii Ii Ii Ii 825 Justice Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,744 Sheriff's Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4,145 City Manager Wysocki then stated that under Item 6, pertaining to renewal of the lease, .a request has been made that at the end of the first sentence, the words "and renegotiate its terms" be deleted. Commissioner Knapp suggested that in No.8, the language be changed in the first and second lines to a more correct grammatical construction; the City Manager suggested it be changed to read"... first year and each succeeding year..." Commissioner Knapp suggested that in No. 11, the language should be changed to read " ... remit after invoice by the County." The City Manager then stated that he also received comments evolving around the 30-year period and succeeding periods. He noted that preparation of an amortization schedule, given a reduction in principal payments and level interest payments revealed that the City's initial cash contribution would actually last for a term of 44 years. He then requested that the Commission .not take any action on this item until after he has had an opportunity to discuss this issue with the County Commission and they have had an opportunity to respond. The City Manager noted that the County Commission hopes to begin the process of advertising for construction bids on August 14, with the bids to be opened in early September. Ordinance No. - Tentative ADDrODriation Ordinance for Fiscal Year 1992-93 City Manager Wysocki presented the Tentative Appropriation Ordinance, as approved by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT . EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1993. The City Manager briefly highlighted the total of the various fund groups in this document, reminding the Commissioners that these figures are the same as those contained in the administration's budget recommendations. He further reminded the Commissioners that, following 08-03-92 -.----- ------- ---------- u_._..__...._ _._n_.__.___.___". ""' " - 3 - their work sessions scheduled for August 10, a written summarization of the revisions they propose to make prior to adoption of the final appropriation ordinance will be prepared and submitted into the record as a part of the public hearing scheduled for August 24. He then recommended that the Commission provisionally adopt the Tentative Appropriation Ordinance and set the public hearing efor August 24. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission provisionally adopt the Tentative Appropriation Ordinance for Fiscal Year 1992-93 and set the public hearing for August 24, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, and Commissioner Knapp; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Distributed a summary of the figures contained in the budgets for streets, gas .tax and street maintenance district for Fiscal Year 1993 and Fiscal Year 1992, noting that the combination of these three budget units provides the funding for Street Department activities. He noted that these two sheets provide a more easily compared format of the funding for this department. (2) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Tuesday, August 4, 1992. (3) Revised calendar for preparation of the budget for Fiscal Year 1992-93, including the two work sessions which have been added at 1 :30 p.m. and 7:00 p.m. on Monday, August 10. (4) Copies of an unsigned letter received on July 30, expressing disapproval of recent e activities in the community. (5) Water use data report for the week ending July 29. The City Manager noted that all appropriate figures have been converted to million gallons or million gallons per day, to make this report more meaningful. Commissioner Stiff and Commissioner Knapp stated their appreciation for these conversions, noting they were extremely helpful. 08-03-92 ----_.~~_.._-- .-.- . " - 4 - (6) Copy of the Land Management Information System (LMIS) Needs Assessment, dated July 1992, as prepared by Dr. John P. Wilson and Associates. The City Manager suggested that this item be placed on an upcoming agenda for a report and explanation of the document by Planning Director Epple; the Commission concurred. . (7) Timetable for taking action on the requests for closure of specified streets, as prepared by the City Attorney. City Attorney Luwe reviewed the statutory requirements for closure of a street, the applicable court case and the timetable as drafted. He noted that, although no public hearing is required in this process, he felt that the Commission as well as the public would prefer to have one scheduled. He then stated that this timetable was prepared in response to action taken by the Commission at last week's meeting. Responding to Commissioner Knapp, the City Attorney reviewed the differences between vacation and closure of a street, as well as the processes followed. Commissioner Knapp noted her interest in receiving and reviewing the minutes of the July 27 meeting to determine what actions the Commission took regarding this issue. . (8) Membership bulletin from the Montana League of Cities and Towns, dated July 31, regarding transportation enhancement funding and the recent special legislative session. (9) Memo and information from the National League of Cities regarding federal legislative issues which are critical for cities and towns. (10) Letter from Town and Country Warehouse Grocers, dated July 31, regarding the proposed closure of North 20th Avenue. (11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 4, along with daily minutes for the week of July 20, 1992. (12) Agenda for the Development Review Committee meeting scheduled for 9:30 a.m. on Tuesday, August 4, at the Carnegie Building. . (13) Agenda for the Design Review Board meeting scheduled for 3:00 p.m. on Tuesday, August 4, at the Carnegie Building. (14) The City Manager submitted his weekly report, as follows. (1) The Fire Department had its Jaws of Life and the ladder truck on display at the GallaCo Fair last week. (2) Three bids were received last week for a new mini-pumper truck for the Fire Department; and a staff recommendation should be forthcoming for award at next week's meeting. (3) The Water 08-03-92 ---...---...-.-.-- -- ._ u_ ___u__ _ : " - 5 - Department is replacing old style fire hydrants throughout the community. (4) The Police Department has expanded its foot patrol to include parks as well as the downtown; and expansion into the residential areas is contemplated. (5) The City sponsored a total of seven grant applications to the Montana Arts Council for grant monies. (6) Reminder of the Fish Technology .centennial celebration scheduled for August 1 5 and 16. (7) The Finance Department is preparing a list of all delinquent SID's more than two years old. (8) Reminder of the United Way luncheon scheduled for Thursday, August 6. The City Manager requested that any Commissioners interested in attending the luncheon contact him prior to the end of the meeting. (9) Reminded the Commission that this is Sweet Pea week. ( 15) The City Manager stated that during the week of August 17, the staff hopes to install the signs for a residential parking district. He then asked the Commissioners to select a day when they can all take time to view the signs, since they will only be posted for one day. Following discussion, the Commissioners agreed on Friday, August 21; the City Manager indicated they will be posted between the hours of 8:00 a.m. and 4:00 p.m. that day. ( 16) Commissioner Stiff stated he had an opportunity to discuss governmental .accounting practices with a couple people from other states, which he found interesting and helpful. ( 17) Commissioner Knapp submitted the following. (1) Attended a small portion of the Montana library Association Board meeting here in Bozeman on Friday. (2) Noted that tomorrow night, she will work for Sweet Pea at the Baxter from 5:00 to 7:30 p.m. ( 18) City Attorney Luwe submitted the following. (1) Reminded the Commissioners that if they are served with notice of a legal action, they are to contact him immediately, since the response time is based on the time of service. (2) Noted that within the next few weeks, he will be forwarding ordinances adopting the latest editions of the various building codes to the Commission for action. He stated that the State has adopted those codes; and the municipalities . are provided a specific amount of time in which to adopt them as well. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation - to allow deck and stairs to encroach 6 feet into reauired 20-foot front yard setback for Patrick Sheridan. 509 South 9th Avenue; Der DRB recommendation 08-03-92 .__ ______ .___.u_ ___._______._____.__ " - 6 - Award bid for 1992 Street Improvement Schedules I. II. III. IV and V to Pioneer Readv Mix. Bozeman. Montana. for $180.771.50 Authorize D.A. Davidson to develoD Dackaae for refinancing of SID bonds for various districts Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Frost and Commissioner Knapp; those voting No, none. Recess - 4:00 c.m. Temporary Chair Knapp declared a recess at 4:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene at 7:00 c.m. Temporary Chair Knapp reconvened the meeting at 7:00 p.m. for the purpose of .conducting the scheduled public hearings. Public Hearina - Commission Resolution No. 2868 -Ievving and assessina sDecial assessments for citv~wide street maintenance district for Fiscal Year 1992~93 This was the time and place set for the public hearing on Commission Resolution No. 2868, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. . Temporary Chair Knapp opened the public hearing. City Manager Wysocki reviewed the assessment rate established under this resolution, which is $ .00396 per square foot, with caps for residentially zoned lots, non-conforming residences located in commercial or industrial zones, and public lands and institutions. Director of Public Service Forbes reminded the Commission that the street maintenance district revenues are utilized in conjunction with General Fund monies and Gas Tax monies to create 08~03~92 ---.----- .. -.-.-..----..----.---- -----....-.--.----.------...---- ---.--------.----.-- ; " - 7 - the budget for the Street Department. He noted that the salaries for the Street Department personnel are funded through the street maintenance district, while operating supplies for these service functions are funded through the General Fund contribution; and major street improvements are completed through the use of Gas Tax funds, usually on a contract basis. . City Manager Wysocki entered into the record a letter from David Wallin, Bozeman Ford, stating that he feels a modification to the assessment structure is needed to provide a cap for undeveloped commercially zoned parcels. He also noted that excerpts from the meetings of August 5 and August 12, 1991, are attached, which forward Mr. Wallin's arguments at last year's public hearing. No one was present to speak in support of or in opposition to the assessments as forwarded in Commission Resolution No. 2868. Upon consensus of the Commission, Temporary Chair Knapp closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission defer action on this item for one week, until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, .commissioner Stiff and Commissioner Knapp; those voting No, none. Temporary Chair Knapp noted that this item will be placed on next week's agenda. Public Hearina - Commission Resolution No. 2869 -Ievving and assessina sDecial assessments for city-wide tree maintenance district for Fiscal Year 1992-93 This was the time and place set for the public hearing on Commission Resolution No. 2869, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF . BOZEMAN. Temporary Chair Knapp opened the public hearing. City Manager Wysocki reviewed the assessment rate established under this resolution, which is $ .00105 per square foot, with caps for residentially zoned lots, non-conforming residences located in commercial or industrial zones, and public lands and institutions. Director of Public Service Forbes stated that the monies generated by this assessment 08-03-92 . . . . . . - 8 - fund the City's Forestry Division, which is operated under the supervision of the Parks/Cemetery Superintendent. He noted that the revenues cover the costs of hiring two tree trimming crews, who work for approximately nine months a year. He stated that a goal of trimming 800 to 1,000 trees per year has been set; and at that rate, it is estimated that in five to seven years, the crews . will cover all of the trees planted along the streets and in public places in the community. He noted that this program is in its third year; therefore, the community should be covered for the first time in the next two to four years. The Director then stated that there are also adequate monies to contract out a small portion of the tree trimming activities each year. Responding to Commission Stiff, the Director stated that the primary tool utilized in determining where the trees will be trimmed is the tree inventory which was completed through Dr. Dick Pohl at the University, which divided the community into five zones and lists the age, general health, general size and species of trees within those zones. He noted that after a zone has been identified, the Forestry Division personnel visit the area and make determinations on where they should trim next. He noted that they attempt to concentrate on an area, rather than jumping around; however, they recognize the need to react to emergencies quickly. . Commissioner Stiff asked if anyone is responsible for measuring the tree trimming crews' performance. He noted that most of the public comment he has received about this program has evolved around the seeming lack of progress. Director Forbes responded that he is ultimately the one who measures the progress and performance. He recognized that there is sometimes a perception that the crews are moving too slowly; however, he noted that the numbers bear out that they are trimming the 800 to 1,000 trees every year as well as addressing the emergencies. He then stated that he feels the City is providing an economical, quality service to the residents. Commissioner Frost noted that last year, approximately one-half of the work was contracted out to a private firm which did the work on a for-profit basis. He noted that the City's . crews worked more quickly; and their work was superior in quality. Responding to Temporary Chair Knapp, Commissioner Frost stated that Dr. Pohl's survey reflected that the City's total assets in trees is valued at $9.5 million. He then noted that this tree trimming program is resulting in an increased valuation of an already valuable asset to the community . City Manager Wysocki entered into the record a letter of support from Mr. Ben H. 08-03-92 f' \ .It "I: - 9 - Slothower, 12 West Hayes Street, as well as the letter from David Wallin, Bozeman Ford, indicating that he feels a modification to the assessment structure is needed to provide a cap for undeveloped commercially zoned parcels. Mr. David Wallin, 4034 Sourdough Road, read his letter into the record. He noted that, .in addition to owning Bozeman Ford, he owns a four-acre parcel of undeveloped commercialiy- zoned property just east of Perkins Restaurant. He noted that under the present assessment structure, the assessments for street and tree maintenance districts are higher than the property taxes on that parcel. He stated that this creates a totally inequitable situation, particularly since an undeveloped parcel does not generate any impact on City services; and he feels that the assessment method should be amended to provide the same protection as is provided for the residential properties. Upon consensus of the Commission, Temporary Chair Knapp closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission defer action on this item for one week, until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, .commissioner Frost and Commissioner Knapp; those voting No, none. Temporary Chair Knapp noted that this item will be placed on next week's agenda. Adjournment - 7:24 p.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 and Commissioner Knapp; those voting No, none. . ~~~~f BEVERLY H. KNAP Temporary Chair ATTEST: ~C:!~ R BIN L. SULLIVAN . Clerk of the Commission 08-03-92 ---.--