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HomeMy WebLinkAbout1989-08-14 ~ .. ..I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 14, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 14, 1989, at 2:00 p.m. Present were Mayor Stiff, Com- missioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of July 31 and the special meeting of August 2 be ap- proved as submitted; and the minutes of the regular meeting of August 7 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung ,N and Mayor Stiff; those voting No, none. This was the time and place set for the decision on a Master Plan Amendment re- quested by Greg Dailey for the Henry J. Ravet Estate to change the land use designation from agriculture--vacant to low-density residential on a 9. 98-acre tract of land in Certifi- cate of Survey No. 748A, which is located in the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located at the northeast corner of the intersection of Bozeman Trail Road with Canary Lane and Tayabeshockup Road. City Manager Wysocki reminded the Commission that the public hearing on this Mas- ter Plan Amendment was conducted at last week's meeting. He then concurred in the City-County Planning Board's recommendation for approval of this requested change in land use designation. Commissioner Vant Hull stated that, after review of various issues surrounding this application with the Engineering Department and review of the preliminary maps for the water and sewer service districts, she supports this requested change in land use desig- nation. Commissioner Goehrung noted he was not present at the public hearing; however, he has carefully reviewed the minutes. He then asked the City Attorney about his ability 08-14-89 - . . , .J -2- to vote on this item; the City Attorney responded he may vote. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the Master Plan Amendment requested by Greg Dailey for the Henry J. Ravet Estate to change the land use designation from agriculture--vacant to low- density residential on a 9.98-acre tract of land in Certificate of Survey No. 748A, which is located in the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - assessment methods for possible street maintenance districts City Manager Wysocki submitted to the Commission a memo from Director of Public Service Forbes concerning the various assessment methods available for maintenance dis- tricts. Director of Public Service Forbes briefly highlighted his memo and the attached maps. He stated that Doug Wittren, an Intern for the summer, has been collecting a data base for the creation of maintenance districts. He noted that to establish the assessment method for a street maintenance district at this time would eliminate the need to gather certain types of information for each parcel, which would speed up the remainder of the process. He stated, however, that to establish the method of assessment at this time, could limit options for future maintenance districts. The Director stated that the information gathered to date could be used for assess- ment on a square footage basis, a linear footage basis, or a combination of the two. He then recommended that the Commission choose the straight square footage basis, noting that it appears to be the most equitable method, except possibly for large PLI-zoned tracts and parks. He referred to the maps attached to his memo, noting that the first shows two motels located adjacent to each other in a B-2 district on North 7th Avenue. He stated the one has substantial front footage while the other has a 60-foot frontage. He noted the second map is In Figgins Addition, where some lots are located on a cul-de-sac, with smaller front footages and larger square footages than other lots in the subdivision. He stated the third map shows the Law and Justice Center property, which is substantially larger than its actual use. He stated the fourth map shows the Annie Subdivision, which is basically an undeveloped and non-roaded area within the city limits. The Director of Public Service then suggested the possibility that a 150-foot peri- meter could be established for those properties located in a PLI zone, for city parks, and possibly for undeveloped, non-roaded areas. He noted that as roads are installed, the lots could then be added to those being assessed, indicating this could easily be accom- 08-14-89 i -3- plished since the City Engineer must approve plans for the installation of all roadways within the City. Commissioner Vant Hull suggested linear footage, with a specified depth, might be more appropriate than a square footage, noting that traffic to ar:-d from all parcels has the right and ability to use city streets. She then suggested the amount of parking needed could be factored into the assessment method. The Director of Public Service indicated it would be better to keep the basis of as- sessment as simple as possible. He noted that as uses change, the parking requirements also change; and it would be very difficult to maintain an accurate record of those changes. Commissioner Goehrung asked if assessment on a square footage basis could elimi- nate some of the problems incurred with assessment of corner lots. Director of Public Service Forbes indicated it could. He noted that when working with a smaller district, it is possible to address those issues and inconsistencies; however, it becomes very difficult when dealing with a district which covers a majority or all of the community. He reiterated that the square footage basis seems to be the most equitable for a city-wide district, even though some inequities will surface. Commissioner Hawks asked if there may be instances where access to a parcel may be gained through an easement without having any actual frontage on a street. The Director indicated it is possible, noting that under the square footage pro- posal, the parcel would stili be assessed its proportionate share. Director of Public Service Forbes then reminded the Commission of the approach which the City of Helena took to establishing maintenance districts. He noted that their first step was to adopt a philosophical statement which indicated that properties located along State-maintained roads would be assessed since the traffic must travel along City- maintained streets to reach the subject property. He noted a similar statement was included for those lots which were not located immediately adjacent to a city street. The Director noted that adoption of this phi losophical statement then allowed the City to proceed with creation of street maintenance districts as needed. Commissioner Martel noted that some lots located in residential districts are larger than others within the same area, citing some of the cul-de-sac lots in Figgins Addition as examples. He then suggested it may be appropriate to assess on a square-footage basis, with a ceiling established on the amount of square feet assessed in a zoning district. Mayor Stiff asked how businesses with large storage areas, such as a manufacturing plant with large amounts of stored lumber, would be assessed. The Director indicated that it would be on a square-footage basis. He noted that, although the amount of traffic generated by the activity may be small for the square foot- age involved, the heavy truck traffic which does occur would have substantial impact on 08-14-89 ,'.C"". , 1 -4- the roadways. Commissioner Martel noted the memo indicates that 90 percent of the lots have been identified; however, the remaining 10 percent will take a substantial amount of time to complete. He then asked where the remaining lots are located. Mr. Doug Wittren indicated the lots are located throughout the community, with many of them being along the outskirts. He noted that, due to irregular shapes, the square footage requires calculation through a special computer program. He indicated he has left those lots until last, due to the extra work Involved. He stated that he is cur- rently researching the records at the Courthouse to help determine the boundaries and sizes of the remaining lots. Commissioner Goehrung asked If the data base information gathered for the street maintenance districts will be adequate for creation of other maintenance districts, such as sidewalk maintenance and tree maintenance districts, in the future. Director of Public Service Forbes stated he feels the square footage assessment, for all parcels except PLI-zoned, parks and non-roaded parcels, would be the most equitable for all maintenance districts. He noted, however, that he is seeking input from the Com- missioners at this time before proceeding much further. Commissioner Vant Hull stated support for continuing in the same manner. Commissioner Hawks asked for the long-term rationale for establishing alSO-foot depth on PLI-zoned lots. The Director of Public Service stated that, except for Montana State University, PLI-zoned properties and parks are generally large tracts of land which are not utilized to their fullest, like residential and business tracts are. He noted that on a twelve-month basis, they generally produce less traffic than a similar sized lot developed in a commercial manner; therefore, he feels the assessment should be made accordingly. Commissioner Martel noted that parks are used on a year-round basis and create a substantial amount of traffic. He then questioned the fairness of establishing alSO-foot perimeter for those parcels, since the impacts on roadways are greater than that. The Director of Public Service reminded the Commission that assessments to park- land will be paid by the City. He noted this results in the City paying those assessments from the General Fund. In response toa question from Commissioner Vant Hull, Administrative Services Di- rector Gamradt indicated he will research the issue of assessments for parks and submit a report at next week's meeting. City Manager Wysocki stated this item was placed on the agenda for discussion on- Iy; and some ideas and suggestions have been voiced. He then suggested this item be placed on next week's agenda for further consideration and possible action. 08-14-89 . . . \ ~: '1 -5- City Manager Wysocki reminded the Commission they had requested this item be placed on the agenda. He noted the Commissioners have received a memo from Commissioner Vant Hull c,"lncerning this item. Mayor Stiff stated he has discussed setting of a time for a joint meeting with the three County Commissioners. He noted they are willing to meet with the City Commission- ers at 3:00 p.m. on Monday, August 21, during the regular Commission meeting. He noted this item, as well as the mill levy for economic development can be discussed at that time. He then suggested that the Commissioners not conduct this discussion at this time, but de- fer all further discussion until next week's joint meeting. The Commission concurred. Ordinance No. - Tentative Appropriation Ordinance for Fiscal Year 1989-90 City Manager Wysocki presented the Tentative Appropriation Ordinance, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE 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 OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1990. The City Manager briefly highlighted the Tentative Appropriation Ordinance, noting the General Fund total is $4,128,328; and the overall operating budget totals $9,430,768. He then recommended that the Commission adopt this ordinance and set the public hearing for August 28, 1989. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt the Tentative Appropriation Ordinance for Fiscal Year 1989-90 and set the public hearing for August 28, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. City Manager Wysocki presented Commission Resolution 2757, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2757 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS INTENTION TO EXCEED THE CERTIFIED MILL LEVY FOR FISCAL YEAR 1989-90. 08-14-89 . ",.. . , 1 -6- The City Manager stated the City has received the certified mill levy prepared by the State of Montana Department of Revenue, a copy of which is attached to the resolu- tion. Administrative Services Director Gamradt stated the City must operate within the constraints of 1-105 as well as the certified mill levy as prepared by the Department of Revenue. He then stated that the proposed mill levy for this year's budget is less than the mill levy for Fiscal Year 1986, which is the basis for 1-105, even though it exceeds the certified mill levy. He noted that for Fiscal Year 1986, the mill levy was 129.78, while the proposed mill levy for this year is 127.06. The Administrative Services Director then stated that a conversation with the head of the division of the Department of Revenue which prepares the certified mill levies re- vealed that the levy does not take into consideration the new annexations or new val- uations, which 1-105 allows a local government to capture. He then stated that adoption of this resolution allows the Commission to conduct a public hearing, after which the City may exceed the certified mill levy, while remaining within the constraints of 1-105, and capture the revenues generated by the new annexations and new valuations. He noted the last time this process was used was in Fiscal Year 1984-85. The Administrative Services Director then responded to several questions from Com- missioner Martel, noting that the proposed mill levy for this fiscal year is 2.5 mills below the limitations of 1-105. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2757, stating the City's intent to exceed the certified mill levy for Fiscal Year 1989-90, and set the public hearing for August 28, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel a nd Mayor 5ti ff; those voti ng No, none. Appointment to Police Commission City Manager Wysocki stated that he reviewed the applications received for the po- sitions open on the Police Commission; and subsequently he interviewed four of those indi- viduals. He then submitted to the Commission a memo recommending that Mr. Jim Drummond be reappointed, and that Ms. Kathleen O'Malley be appointed. He noted that he has checked their qualifications; and both meet the statutory requirements. Commissioner Vant Hull stated support for the City Manager's appointments, noting this is the first time a woman has been appointed to the Bozeman Police Commission. The City Manager responded that Ms. O'Malley was appointed because she was better qualified than the other appl icants. 08-14-89 . .. 4i .'.... -7- It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission concur in the City Manager's reappointment of Jim Drummond to the Police Commission, with a three-year term to expire on April 30, 1991, and appointment of Kathleen O'Malley to replace C. Ray Houghton, with a three-year term to expire on April 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. City Manager Wysocki Indicated this would have been a Consent Item; however, there was only this one. He noted this is the only change order for SID No. 654; and recommended that he be authorized to sign the change order as submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct the City Manager to sign Change Order No. 1 for SID No. 654. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) A memo from Director of Public Service Forbes concerning the recycling sem- inar he attended recently. The City Manager noted this will be placed on an upcoming agenda for discussion. (2) Copy of the agenda for the Highway Commission meeting to be held on Au- gust 24, 1989 in Butte, Montana. (3) Copy of a memo dated July 27, 1989, from Roger Craft to BRW concerning information which has been requested in their report. (4) A letter from the Gallatin Development Corporation stating their intent to discuss the option of an economic development mill levy on a city or county level at their board of directors meeting to be held on August 16, along with an indication of their will- ingness to participate in future discussions with the Commission on this issue. (5) A letter from the Downtown Bozeman Association stating support for tax in- crement financing in Bozeman. (6) The City Manager presented his report as follows. (1) He interviewed four people and conducted the appropriate background checks prior to making appointments to 08-14-89 .:. .',,:',' J~.. . . ~ i' 'L''',:;\~'#~ -8- ~ ..,,-' the Police Commission, as noted in a previous agenda item. (2) Water usage for the past week ran between 7.5 and 9.5 million gallons per day. (3) The selection committee, which includes Commissioner Martel, has reviewed proposals for engineering for expansion of the Water Treatment Plant; and three firms have been interviewed. The committee is now in the process of negotiating with one of the firms; and this item will be before the Commis- sion for action when all details have been finalized. (4) He noted that in Red Lodge, signs are posted at each end of town stating there will be no open containers on the streets. (5) The employees' committee has reviewed seven positions for possible reclassi- fication. He noted those recommendations are now on his desk for review and possible ap- proval. (6) The Finance Department staff is currently working on year-end closing of the special improvement districts. The City Manager noted this process is usually not complet- ed until the auditors have nearly completed their fieldwork; and it is staff's goal to com- plete this closure before the auditors arrive in mid-September. (7) Commissioner Hawks asked that the Clerk of the Commission list on the agenda the dates of the minutes which are to be considered at the meeting. The Clerk of the Commission Indicated this was done in the past; and she will re- implement that action. (8) Commissioner Goehrung indicated the ten-day training session in Colorado was Impressive. He stated he will prepare a report for the Commission as soon as possi- ble. He then noted one of the individuals will be in Bozeman to meet with the Local Gov- ernment Center later this month. The Commissioner then stated that in future budget years, he will advocate maintaining a strong bUdget for travel and training of Commission- ers and staff members. (9) Mayor Stiff noted that County Commissioner Jane Jelinski has just returned LJ .::9 )n.e,~ ~ frsnn:s professional evelopment course. He then suggested that it might be advantageous for both the County Commission and the City Commission to receive reports from both County Commissioner Jelinski and City Commissioner Goehrung concerning their recent at- ()~ tendance at tfle5& seminar.. Commissioner Goehrung indicated he will contact County Commissioner Jelinski con- cerning this possibility prior to next week's joint meeting. (10) The City Manager submitted to the Commission a copy of the tentative agenda for the Montana League of Cities and Towns Convention to be held in Helena on September 13-15. Mayor Stiff stated he has just received a letter from that office requesting that he serve on the Site Committee for next year's convention. He then indicated his intent to accept that appointment. Clerk of the Commission Sullivan indicated she will forward acceptance of the ap- 08-14-89 . . .. -9- ~. pointment to the League office. (11) City Attorney Becker stated he has received notice that oral arguments will be heard before the Supreme Court in the case Story versus the City at 9: 00 a.m. on September 1 5. He noted that since the l,.eague Convention is being held in Helena at that time, some of the Commissioners may wish to view those proCeeding~ (12) Mayor Stiff noted the Commissioners received a draft ...ppepo;:,gl for combining of the City-County Planning Board and Zoning Commission. He suggested the Commission- ers review this information prior to next week's joint meeting with the County Commission. (13) Commissioner Vant Hull asked when the issue of sidewalk liability will be placed on the agenda for discussion. The City Manager indicated it will be placed on the agenda when the City Attorney is adequately prepared to discuss the issue. Executive Session re litigation At 3: 17 p.m., City Attorney Bruce Becker requested that the Mayor close the meet- ing in accordance with Section 2-3-203(.4), Montana Code Annotated, as well as Section 26-1-803, M.C.A., which provides for the attorney/client privilege, for purposes of dis- cussing the issue of Three Rivers Disposal and Waste Management Partners of Bozeman versus the City of Bozeman. He expressed concern that to conduct this discussion in open meeting would apprise the opposition of the options and strategies available to the City as well as reveal the strengths and weaknesses of the City's legal position. Mr. Kevin McRae, reporter for the Bozeman Daily Chronicle, stated opposition to closure of this meeting, citing the Constitutional provisions for the public right to know and the opportunity to view deliberations of a public body. He then cited a recent court ruling in Lewis and Clark County which stated this type of discussion may not be held in closed session. The City Attorney reminded Mr. McRae that the ruling to which he referred applies only in Lewis and Clark County. He further noted that he has claimed attorney I client privilege as well as the authorization for exemption to the open meeting law. At 3:22 p.m., Mayor Stiff stated that, as pr~~iding officer, he would call an execu- tive session for the purpose of discussing litigation and requested that all persons except the Commissioners, City Man~ger Wysocki, City Attorney Becker, Attorney Barry O'Connell, Paralegal Renee JOhnson, Administrative Services Director Gamradt, Director of Public Ser- vice Forbes and the Clerk of ttteCQmmission leave the room. At 4:25 p.m., Mayor' Stiff closed'the executive session and reconvened the open meeti ng . 08-14-89 . .. ., .:' !,.,,, ..,. -10- Adjournment - 4: 25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No. none. 08-14-89 -