HomeMy WebLinkAbout1992-08-03 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 3, 1992
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. 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
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"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
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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.
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(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
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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
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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.
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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
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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
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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.
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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.
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BEVERLY H. KNAP
Temporary Chair
ATTEST:
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R BIN L. SULLIVAN .
Clerk of the Commission
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