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HomeMy WebLinkAbout1990-01-22 m.",~.,. ~........ ~ , ,l! ... MINUTES OF THE MEETING OF TH.E CITY COMMISSION BOZEMAN, MONT ANA January 22, 1990 ************************ ............,,> The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 22, 1990, at 2:00 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 15 Action on the minutes of the regular meeting of January 15, 1990 was deferred for a period of one week. between dditlon City Manager Wysocki presented Ordinance No. 1299, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1299 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF ORANGE STREET LYING BETWEEN THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that they had conducted the public hearing on the intent to vacate this subject portion of Orange Street at last week's meet- ing, after which they directed staff to prepare this ordinance of vacation. He then recom- mended that the ordinance be provisionally adopted at this time and brought back in two weeks for final adoption. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1299, vacating and abandoning)a portion of Orange Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commission Resolution No. 2777 - chan in the time of the re ular meetin s of the Cit ommisSlon The City Manager presented Commission Resolution No. 2777, as reviewed by the City Attorney, entitled: 01-22-90 -.--. .. , . .' . ,~ - 2 - COMMISSION RESOLUTION NO. 2777 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. '--....., City Manager Wysocki reminded the Commission that they discussed this item at last week's meeting and directed the staff to prepare a resolution to change the meeting times. He noted that under Commission Resolution No. 2777, the regular meetings will convene at 2 :30 on Monday afternoons, with public hearings scheduled on the first and third Mondays at 7: 00 p. m . He then recommended adoption of this, resolution. Mayor Hawks asked Commissioner Frost to bring back a change in Commission meet- ing time early enough for the Commissioners to discuss and consider various times which would be acceptable to all Commissioners. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2777, changing the time of regular Commission meetings to 2: 30 p. m. on Mondays. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Authorization to conduct auction sale of Valley Unit lots; set date and terms therefor City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director Gamradt. He then asked the Director to give a brief history of the subdi- vision and auction sales to date. Administrative Services Director Gamradt, using an overhead projector, showed the Commissioners how the special improvement district process is to flow, provided all ele- ments are working properly. He then showed how the Valley Unit special improvement dis- tricts are working in reality, noting that the SID Revolving Fund has been covering the bond principal and interest payments for the five special improvement districts due to de- linquencies in payment of assessments. The Administrative Services Director then showed the Commission a map of the Val- ley Unit Subdivision, noting the center portion is the area to which the special improve- ment districts apply. He stated that through an agreement with Mr. Delaney, owner of a majority of the lots upon which delinquent assessments exist, the City may sell at auction those lots north of a specified line in the subdivision; and Mr. Delaney will provide a quit claim deed. He stated that after three years, the City may sell lots south of the I ine as well. Director Gamradt stated that the City takes a loss when it sells the lots at auction (approximately $94,000 to date); however, placing the lots in individual ownership provides greater assurance that future assessments will be paid. He noted that the lots which have 01-22-90 , ~ . , . - 3 - ., ~ been sold to date have resulted in reinstatement of approximately $400,000 in legitimate re- ceivables. The Director stated there are approximately $2.4 million in outstanding bonds for the five special improvement districts; and diversifying ownership through auctions will result in a decrease in the mill levy for the 51 D Revolving Fund, which is being utilized to pay those outstanding bonds. Administrative Services Director Gamradt stated the first auction was substantially better than the second was. He attributed the greater success to the date of the sale and the newness of the process. He noted that if lots are not sold at an auction, they must be offered at auction again within six months; and there were two lots not sold at the sec- ond auction which triggered a sale for those two lots within six months. The Administrative Services Director then reviewed the tax sale process, noting that recent legislative actions have resulted in changes to the length of the redemption pe- riod. City Manager Wysocki noted that, based on the success of the March 16, 1989, auc- tion, staff recommends that the next auction be set for March 22, 1990. He also en- couraged the Commission to establish the same terms of sale as were previously set. In response to a question from Commissioner Knapp, the City Manager indicated the City plans to auction only as many lots as the market will bear. He noted it appears that the market for multi-family lots has improved in the past year; therefore, it is anticipated more of those lots will be included in the sale. He then indicated the four narrow TR lots along the southern boundary of the property may also be included in the auction sale, if the State Highway Department is in a position to acquire them for right-of-way purposes. Former City Attorney Bob Planalp encouraged the Commission to follow the proce- dure which has been utilized in the past in an attempt to liquidate the land. He reminded the Commission that this subdivision and attendant problems date back to the early 1980's. City Manager Wysocki asked if there is any alternative the City could follow that would place it in a better position. Attorney Planalp responded that over the past eighteen months, he and the Admin- istrative Services Director had analyzed various alternatives and options and decided that the methods being currently followed are the best. He stated he sees no reason to change the process for at least eighteen months. ,co In response to a question from Mayor Hawks, Mr. Planalp noted the market may change within the next twelve months; however ,at this time he would not recommend that the City consider a planned unit development project in Valley Unit. He noted that the City is currently operating under a new law that has not yet been challenged; and it is a very fragi Ie recovery system.. He suggested that to superimpose planning and zoning pro- cesSes on the current system could be detrimental. 01-22-90 ! " . c - 4 - '~ Commissioner Goehrung noted that the fair market values for the second auction were set lower than those for the first auction. He then asked which type of figures will be utilized in this sale. Administrative Services Director Camradt reminded the Commission that in the past, two 'realtors were retained to recommend fair market values; and an average of those fig- ures was utilized. He indicated the same process will be utilized this time as well. Commissioner Goehrung then asked if there are any legal /imitations on realtors sell- ing lots in the Valley Unit Subdivision because of this auction sale process. Attorney Planalp responded there are several realtor's signs in the subdivision. He further noted that the City's auctions do not place any /imitations or restrictions on pri- vate sales. City Manager Wysocki stated staff would recommend that Mandeville Auction Service be retained for this auction sale, noting this is the only local firm with any recent real estate auction experience; and they have s4ccessful:ly candlJcted the previOUS two sa les. !(.. He also indicated that the proposed fair market values will be submitted to the Commission within the next two weeks for their c(jn~ideration~ ',~ It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission set the following terms for sal,e of thelot~: 50 percehtof the purchase price ~ '" .",' , " . as a downpayment, with the balance to be carried by the City for a two-year period at an interest rate of 8 percent, with semi-annual payments to be made in quarters opposite the due dates for taxes and special assessments, and with no prepayment penalty. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Mid-year budget review; authorize Mayor to sign budget amendments The City Manager submitted to the Commission a memo from Administrative Services Director Gamradt setting forth the results of the mid-year budget review, along with needed budget amendments. The Administrative Services Director briefly reviewed the budgeting process, noting that administration prepares the budget and ,submits it to the Commission for consideration. He noted that the Commission may not finally adopt the appropriation ordinance until on or after the second Monday in August. He then stated that through adoption of the appro- priation ordinance, the Commission establishes the spending limitations on salaries, op- erations and maintenance, and capital purchases for each budget unit; and those /imitations may not be exceeded without specific Commission approval, through the budget amendment process. 01-22-90 '. " . , , - 5 - Administrative Services Director Gamradt stated he performs budget reviews at mid- year, the third quarter and end of the year. He noted that if any segment of a budget unit appears to be in need of additional monies due to extraordinary expenditures, he sub- mits that item through the budget review and amendment process. He stated that the year- end review and budget amendment process are usually not completed until late August or early September, when the books for the fiscal year are closed. The Administrative Services Director then highlighted and summarized the mid-year budget review. He noted that the City has not budgeted many of the grant monies and special revenue funds in the past; and those activities were being conducted outside the City's appropriation ordinance. He stated that, per the auditors' recommendation, many of the proposed budget amendments appear to increase the spending authority by including those grant and special revenue monies within the appropriations process. The Director then stated that, in reality, under the budget amendments, a total of $11,100 in additional spending authority is being sought to cover the expenses of an unanticipated termination in City Court, repair of a fire truck which crossed fiscal years, and unanticipated major repair of the air conditioning unit at the Library. The Administrative Services Director stated that approval of the budget amendments will allow the staff to incorporate all spending which has taken place outside the budget into the general appropriation ordinance. He stated that staff will begin its portion of the budgeting process for the upcoming fiscal year within the next few weeks; and adding the items outside the current budget into the budget at this time will help to provide compara- tive figures for the upcoming budget process. The City Manager drew Commissioner attention to the amount of monies spent for beautification projects this past summer. He then noted that, due to newly-implemented City restrictions on the creation of new SID's, very few new districts have been created recently; and the total debt has dropped from $9 million to $6 million. He noted, there- fore, the amount required to meet the 5-percent requirement in the SID Revolving Fund has decreased accordingly. I n response to a question from Commissioner Goehrung, the Director stated that the >", monies received from sale of the fire truck to West Yellowstone will be used to offset the mill levy for the new fire truck. He noted that should reduce the mill levy by almost one mill. Commissioner Knapp asked if equal revenues and expenditures in the enterprise funds are anticipated. The Administrative Services Director stated that is the ideal, when considered over a long period of time. He noted, however, that in reality the two figures do not balance perfectly on a yearly basis. He did concur that a break-even status is desired in each of 01-22-90 . . . .' . - 6 - the enterprise funds. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission acknowledge receipt of the mid-year budget review, and authorize the May- or to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commis- sioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Memorandum of A Coordinatin Committee; dis- cussion re role 0 The City Manager noted that copies of the Memorandum of Agreement and By-Laws for the Transportation Coordinating Committee were included in the packet. Planning Director Epple reviewed the documents. He noted that the Transportation Coordinating Committee is the result. of combining the Policy Coordinating Committee and the Technical Advisory Committee, in an effort to streamline the process. The Planning Director stated that the State Department of Highways is currently reviewing the document; and the County Commission will address this item at their meeting tomorrow. Commissioner Frost noted that under Planning Area, it indicates "... transportation planning will be conducted in that portion of the Bozeman area that is expected to become urbanized during a twenty year period. II He then asked how this statement would tie to the Master Plan. Mayor Hawks expressed concern about the language of the statement, asking if it could be modified slightly. Planning Director Epple responded that the transportation planning area does not need to specifically tie to the Master Plan. He then indicated that language suggested by the State Highway Department would adequately address the concern. City Manager Wysocki stated the Policy Coordinating Committee and the Technical Advisory Committee were created in compliance with federal regulations for use of Federal Aid Urban Fund monies. He also noted that the secondary funding system used through the County is also involved. The Planning Director reviewed minor changes to be considered by both local gov- erning bodies prior to approval, requested by the State, as follows: Page 1. I n the last "whereas" delete the word "metropolitan. II Page 3. Section III. Change lIurbanizedll to lIurban in character." He then sug- gested that the same language be incorporated into the second sentence of that section. Page 5. Add a new section which indicates that adoption of this ,Memorandum ;of Agreement and By-Laws would have the effect of superceding any Memorandums of Agree- 01-22-90 ~ , . ~ - 7 - ment and By-Laws pertaining to the old Policy Coordinating Committee and Technical Advi- sory Committee. Page 7. Section 4. Next to last line on page. Correct typographical error in "planning. II Page 9. Add a new paragraph above Article II which stipulates that the Chairman and Vice-Chairman will be elected at the first meeting of the calendar year. City Manager Wysocki stated that the membership list for the committee is the same as was established for the Policy Coordinating Committee and Technical Advisory Commit- tee, with the addition of the City Manager and a representative from Montana State Uni- versity. The City Manager then suggested that the Pedestrian/Traffic Safety Committee should possibly be reconstituted and be given the authority to accept and consider pro- posals from various groups, thus providing an opportunity for additional citizen input. In response to a question from Mayor Hawks, the Planning Director indicated that the Pedestrian/Traffic Safety Committee is a standing committee which needs to be reac- tivated. He noted that the committee is composed of representatives and appointees of the City, County and School District. He stated at the present ,time, there are two vacancies in the School District's appointees; however, the City's and County's positions are filled. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission conceptually approve the Memorandum of Agreement and By-Laws for the Trans- portation Coordinating Committee, as revised to indudethe State Highway Department's recommendations; and that they be brought back in final form next week for further con- sideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, CommIssioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Presentation from Glen McDonald, DNRC, re Hyalite Dam project City Manager Wysocki stated Mr. Glen McDonald, Department of Natural Resources and Conservation, has requested an opportunity to: address the new Commission concerning the Hyalite Dam project. He noted that included in the packets was a letter from Mr. McDonald, along with some background information. Mr. Glen McDonald stated this project, referred to as the raising of Middle Creek Dam, or Hyalite Dam, began in 1983. He stated that in the late 1970's, it was found that seepage was occurring in the left abutment of the dam; and the spillway capacity was in- adequate. Also, the principal spillway had deteriorated c<lnsiderably since its original con- struction in the early 1950's. Mr. McDonald stated that downstream property damage estimates, in the event that the dam were to break, exceed $30 million. He noted, there- 01-22-90 ,'. · -8- fore, it was determined that some type of proje~t to improve the ~am should be pursued. Mr. McDonald stated that, after reviewing" various alternatives to address existing problems, it was determined the most cost effective approaoh would be to increase the height of the dam by ten feet. The center portion of the dam would be composed of rein- forced earth, using vertical panels; and the abutments would be conventional earth fill. A new principal spillway will be constructed in the right abutment, to current-day stan- dards. He noted the design of the old spillway could cause erosion as it enters the stream if it were used extensively; and the new spillway will be constructed of concrete with "tombstones" to slow the flow of the water into the stream. A new earthen auxiliary spillway will be constructed on the left abutment. Mr. McDonald stated that raising of the dam, and the attendant raising of the water level in the lake, will result in flooding of the existing Blackmore Campground; therefore, it will be moved to the east side of the lake as a part of this project. A recreational ar- ea, including picnic tables and a boat ramp, wi II be constructed where the existing camp- ground is. He stated that raising of the water level will also result in a need to do work I on the Hood Creek area, including relocation of the picnic tables and boat ramps. Mr. Glen McDonald stated that environmental issues to be addressed include re- placement of lost habitat for moose due to flooding of a portion of the wi 1I0w stands along the south end of the lake. He noted that this will be accomplished by planting willows in the Mystic Lake drainage. Another item to be addressed is loss of the existing gray.ling habitat, which is approximately at the existing high water mark. He stated this will be accomplished in the West Fork of Hyalite Creek, through use of a diversion structure. In response to a question from the City Manager, Mr. McDonald indicated that the design for the dam has been developed, taking into consideration a sizeable earthquake which might occur in the nearest fault. Mr. McDonald then showed the Commission pictures of the dam and Hyafite Lake ar- ea, as well as a cross-section of what the new raised portion of the dam would look like. Mr. McDonald stated that construction of the dam is to be scheduled so that neces- sary drawdowns will have a minimal impact on water users. The construction period is scheduled to cover two construction seasons; and it is anticipated that the normal water level will be in place on August 15, 1991. Commissioner Swanson asked how far the reservoir will be extended to the south with the water level being raised 8.2 feet; ~r. McDonald re,sponded it will extend about ':'. 1'- " , ~" ": one-quarter of a mile. He then noted 'that will eUminate, one-third to one-half of the willow area, which is moose habitat. Mr. McDonald stated that the total cost of the project is $5,195,000. 'He stated the State contribution will be $1,298,975; the ;project has,qualifi,ed'. for ~$"7"75,ooO federal " ." \ ' ". .~. 01-22-90 , . .. . "\- - 9 - grant; and a loan in the amount of $3,121,925 will cover the remainder of the costs. He stated that Congress approved the forty-year loan application for Bureau of Reclamation Small Reclamation Project monies in August, at an interest rate of 8 1/8 percent. He noted that the interest rate will change on October 1 of each year. Mr. McDonald stated that the loan for agricultural water will be repaid at principal payments only, while the munici- pal water portion will be repaid with interest. He noted that as the City buys agricultural water, the repayment of the loan will shift from non-interest-bearing to interest-bearing. City Manager Wysocki stated that under this proposal, an increased amount of the added water would become municipal water in each of the forty years. He noted that to have the additional water designated for agricultural use, at least initially, allows the wa- ter users to take advantage of the subsidy provided through the loan. He stated that at the present time, the City owns about 30 percent of the water rights behind the dam; and would add approximately one-half of the new water. In response to a question from Commissioner Frost, the City Manager stated that it is anticipated the City will be using all of the additional water about the time the forty- year loan is paid off. He reminded the Commission that the City is also developing alter- native water sources, such as irrigation wells for the parks and cemetery. Mr. Glen McDonald noted that when repaying a loan, very little principal is paid the first few years, with the monies largely utilized to pay interest. He stated that, to ensure that principal payments are made, a sinking fund is to be created by the City's paying $9 per acre foot for the water rights it has but does not use. In response to a question from the City Manager, Mr. McDonald indicated that the cost for agricultural water will be $4 in principal and $1 for operations and maintenance per acre foot; and he estimated the cost to the City at $33 to $34 per acre, including op- erations and maintenance. City Manager Wysocki cautioned the Commission that after the dam has been raised and the City has the additional water rights, it will be necessary to replace the trans- mission line to the water treatment plant with a larger line, or run a second transmission line parallel to the existing one, to carry the additional water flow. He noted that this change will probably be needed in about ten years, unless the City experiences extraordi- nary growth. He stated at the present time, the City can pull 29 acre feet per day from Hyalite, supplementing the in-stream water rights which the City has. He noted that if the plant capacity is expanded from 10 mg to 15 mg per day, 35 acre feet from Hyalite would be needed to allow the plant to run at capacity. Mr. Glen McDonald stated that before construction may begin on the dam, a Special Use Permit Is required from the Forest Service; and several issues must be resolved before that can occur, including minimum pool and in-stream flow. He stated another issue to be 01-22-90 , ~. - 10 - ,., :' .'. ~:, a,ddressed ,is liab,iHty, and what each agency's rights are. Mr. McDonald stated the DNRC ".,:',' ,,'. .;req....~~e;"t a waiver of tftf"'fee for the,Special Use Permit, based on the recreational uses )," >':"," on and' around the lake; and thatreq~est was denied. He noted that the annual fee for ,thepermit'iS$8, 000. Mr. McDonald stated that after the Special Use Permit is ~cquired, the next step will be for the City , Water Users' Association and the Bureau of Reclamation to sign re- payment contracts for, the Joan; thef1the construction documents may be processed and the actual construction may begin. He noted that the construction is scheduled to begin this summer; and it is important to begin on time to retain the BOR loan, which took two years to be approved. He stated. that if the construction begins on time, the raising of the dam will be completed 'in the FaJI,9'J991; andacldJ-tional stored water will be available in 1992. Commissioner Frost askec:1iJf people wiH be able to gain access to the reservoir dur- ing construction; Mr. McDonald responded that construction impacts will be minimized as much as possible while maintaining the constructipn schedule. He indicated that, for the most part, access shouldbegent)raUy available. Mr. McDonald stated that a tremendous amount of excavation Is necessary in the left abutment of the existing dam; ,and that will serve as the:,source for a majority of the back- fill necessary for the project. In response to aque~tion from Commissio~t'Frost, ,Mr. McDonald stated that con- struction of the existing dam began in 1939, but was shut down in 1942 because of World Wa r 1/. Construction was reactivated in 1946 ;anQ the dam was completed in 1951. He noted it was a state-of-the-art dam at the tirrieit was constructed. Commissioner Swanson nat~d that interest rates can fluctuate substantially, asking if it would be possible to lock Jnaninterest rate when It appears advantageous to do so. Mr. McDonald responded the BOR sets the interest rate at the beginning of the federal fiscal year. He noted that the current 81/8 ,Interest rate is the best one received to date. Mr. Glen McDonald stated that if the minimum, pool requirement is imposed, it will reduce the amount of water available for use. He stated the City and water users are concerned about this issue; and it seems to be their general feeling that whoever requests the minimum pool should pay for it. City Manager Wysocki stated that the City's current water rights in the Hyalite Reservoir water are far the period May 1 to September 30; and the new water rights would be for year-round water. He noted this is a significant change for the City, indicating that often the City needs water just before or after the dates of its rights. He then stated that to date, all of the City's calculations have been based on 2340 acre feet being available as a result of the expansion; however, if anUSO-acre-foot minimum pool is required, 01-22-90 '1-." , . , , - 11 - " '~ the amount available to the City will be cut in half. Mr. McDonald stated that the concept of the minimum pool was contained in the 1987 Environmental Impact Statement; however, it was not until August 1989 that the minimum pool became a requirement. The City Manager reminded the Commission that approximately two years ago, Montana Power Company claimed all water not previously claimed in the Missouri River ba- sin above Canyon Ferry. He noted one of the agreements contained in the Commissioners' packets addresses that issue. Mr. McDonald stated that an engineering analysis revealed that by releasing water later for the City's use, a very high flow return is realized. Mr. McDonald responded to several questions from the Commissioners and City Man- ager concerning the various elements of the project. City Manager Wysocki stated that he had posed three written questions to Mr. McDonald to which he felt answers were necessary before any decisions are made, then summarized his suggestions, as follows. He noted the preferred alternative is to raise the dam ten feet, at a cost of $300,000 more than repair of the existing structure. He then noted that if a minimum pool is required, he would like to see someone other than the City bear those costs. He also stated he feels it is necessary to obtain, in writing, a statement from Montana Power Company that they will not try to claim the additional stored water in Hyalite Reservoir. He then stated he does not feel the Special Use Permit fees are a sig- nificant problem for the City; however, he noted the fees do create a significant problem for the agricultural users. The City Manager stated an interest in mitigating impacts as- sociated with the grayling spawning areas and maintaining the fisheries because of the rec- reational uses of the reservoir. Commissioner Swanson stated an interest in hearing from others impacted by this project, including the agricultural users, recreational users and possibly the Forest Ser- vice. Mr. McDonald suggested that the DNRC provide monthly updates on the process, noting that the various elements must be addressed quickly if the project is to remain on schedule. City Manager Wysocki indicated if any other groups are invited to discuss this is- sue, it should be done at a time when Mr. McDonald is present. The Commission thanked Mr. McDonald for his presentation. B rea k - 4: 1 5 to 4: 22 p. m . ,_on Mayor Hawks declared a break from 4:15 p.m. to 4:22 p.m., in accordance with Commission policy established at their regular meeting of March 14 , 1983. 01-22-90 -- - , . . .' - 12 - Pledged Securities as of December 31, 1989 In compliance with the provisions of Section 7-6-201 to 7-6-212, M. C.A., Commis- sioner Goehrung and Commissioner Frost have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposit- ed in Bozeman banks. The inventory of the Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of December 31, 1989, and a listing of these be set forth as follows: ,DEPOSITORY BONDS.AND'SECURITIES DECEMBER 31, 1989 RATE MATURITY RECEIPT NO. TOT AL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation -. $ 100,000.00 Trusteed with United Bank of Denver: North Slope Borough Alaska GO 9.5 06130/90 312086 105,000.00 North Slope Borough Alaska GO 9.5 06/30/90 314724 45,000.00 Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax Incr. 8.10 02/01/97 478054 100,000.00 Saint Cloud, Minn. GO RFDG 8.25 02/01/97 478625 100,000.00 State of Hawai i 11.5 08/01/90 181125 200,000.00 So. Dakota Health Ed Rev 6.70 09/01/90 069431 100,000.00 U.S. Treasury Notes 7.375 02115/91 688641 1,000,000.00 SUB TOTAL - First Security Bank - Bozeman $1,750,000.00 Pledging Amendment to Repurchase Agreement: U.S. Treasury Note 8. 125 05/15/91 715953 1,000,000.00 U.S. Treasury Note 9.75 03/31/91 818226 300,000.00 Federal Farm Credit Banks 9.75 05101/90 829234 500,000.00 Total to Repurchase Agreement $1,800,000.00 TOT AL - First Security Bank - Bozeman $3,550,000.00 MONT ANA BAN K- Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: . Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5..35 12/31/95 H30312 19,000.00 01-22-90 ." -~ , . - 13 - . ~ Flathead Co. SD #44 (Whitefish) 5.20 01/01/96 H943 120,000.00 TOT AL - Montana Bank of Bozeman, Montana $ 177 , 000.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U . S. Treasury Notes 6.75 09/30/90 9893 200,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 200,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis and the United Bank of Denver for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1989, by the several banks of Bozeman and approve and accept the same. ROBERT L. HAWKS, Mayor JOE N. FROST, Commissioner JAMES L. GOEHRUNG, Commissioner BEVERL Y H. KNAPP, Commissioner TIMOTHY SWANSON, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Appointment of Commissioner to Transportation Coordinating Committee City Manager Wysocki stated that, historically, the Mayor has been designated as the Commission member to serve on the Policy Coordinating Committee, which is currently being reorganized to become a part of the Transportation Coordinating Committee. He not- ed that under the by-laws for the TCC, an alternate may be designated in writing. Mayor Hawks stated that in the past, Technical Advisory Committee and Policy Co- ordinating Committee meetings have been held quarterly, at 10: 00 a. m. on a Thursday. He indicated that should not pose a problem for him, except possibly on occasion. The Mayor then asked that each Commissioner give his/her preferences on committee appointments, considering this and the three subsequent agenda items. He also indicated there is a potential future Commissioner appointment to the Gallatin Development Corpora- tion Board, suggesting any Commissioners indicated in that appointment so indicate as well. Commissioner Goehrung indicated he is currently serving on the RFP Committee and 01-22-90 :.~ . . - 14 - " ~ff '!( ^ .~~, , d\W" .it;'wlJl ing to cOhtinue. " ".~',: , }::~,', ':, ,~ r~Co~missioner Frost stated an interest Irithe Transportation Coordinating Committee, ParkingCdmmissionand theGDC Board. .,' '. -' ::' ,:~~I..:' \:, " ., ., S,"!anson stated an 'int'r~stin the Audit Committee and GDC Board. '," ,,:',','~:< :,C~tAmissioner Knapp expressed an interest in the Transportation Coordinating Com- .,.' 'i..;. : ' " , " " " ',,' '." "., ..,'. ,;.It;;waS''rhoved by Commissioner Sw~nson, seconded by Commissioner Knapp, that the Comm'l'$sTorlappoint Mayor Hawks. to the Transportation Coordinating Committee. The mo- tloncar~ied,by't'hef6H()W'ing Aye 'and-,Novot~: those voting Aye being Commissioner -' Swar.s()n"CO~~issiorH~r Knapp, ,Commissioner Goehrung, Commissioner Frost and Mayor d l-Ia)tY.ks; those v()tlng.No, none.. , ",.",,, 'l, ,c ,.,:>\:. It was moved by.C:ommissioner Go~hrung, seconded by Commissioner Frost, that Commissioner Knapp be appo.intedas the alternate member of the Transportation Coordinat- ing,~O{Qtnittee. The motion carried,bythe following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Mayor Hawks encouragep Commissioner Knapp to attend all of the TCC meetings, to remain fully aware of all issues discussed by that committee. \';"0,,, r, ',', ,. , '-:A~pointmehtofCommissioner to Request for Proposals Committee It was moved by Commissioner Knapp, seconded by Commissioner Frost, that Com- , " missioner Goehrung be reappointed to the Request for Proposals Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Swanson, Commissioner Goehrung and Mayor Hawks; those voting No, none. A.ppointmentofCommissionerto Audi~ C€)jmrmttee ,t,was moved by Commissioner Goehrung, seconded by Commissioner Frost, that Commissioner Swanson be appointed to the AtiditCommittee. The motion carried by the , ,,: ". 'following Aye and No'vote: those votingAy. being Commissioner Goehrung , Commissioner ".:",' ", . ' , . ' 'Frost,tCommissioner Swanson, Commissioner _ Knapp arid Mayor Hawks; those voting No, none. Appoint~ent :,' of Commissioner to Parking' Commissi()n , it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that CommJ$sJ.oner Frost be appointed to ser"e~$.Commissioner Liaison on the Parking Commis- ,\,' '" carried by the following Aye andNQ vpte: those voting Aye being Com- 01-22-90 r ,~ ~, . - 15 - " missioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following IIFor Your Informa- tionll items. (1) Agenda and packet for the City-Cpunty Planning Board meeting to be held at 7:00 p.m. on Tuesday, January 23, in the Commission Room at City Hall. (2) A compilation of all of the comments received concerning the draft master plan update, as prepared by the Planning staff. The City Manager noted a sub-committee meeting has been scheduled for 3: 00 p. m. on Wednesday. (3) A copy of the draft zone code dated January 18, which is the document upon which the interim zoning ordinance is based. (4) An information sheet prepared by the Montana League of Cities and Towns concerning the sales assessment ratio studies completed by the State of Montana Depart- ment of Revenue. The City Manager stated this information will be <used tore-evaluate residential and commercial property under HB703, which was passed during the 1989 legislative session. (5) A 'etter from the Department of Fish, Wildlife and Parks to the Commission, encouraging that a map designating stream corridors within the city limits be created. The City Manager concurred this would be beneficial, particularly when staff is meeting with developers concerning potential projects. He then indicated staff intends to pursue this suggestion. (6) A memo from City Attorney Becker providing background on the Rocky Mountain R/V issue and his intended course of action. The City Manager indicated that if the Commission does not concur with the proposed course of action, staff should know before the action is taken. (7) A memo from the Recreation Advisory Board asking the Commission to not consider up-zoning of those areas which are riparian or unique, at least until an assess- ment of potential open space corridors has been completed. (8) A letter from Mr. Charles Paden, 507 Ice Pond Road, stating opposition to the proposed rezoning of his property from RS-l to R-3A under the new zone code. (9) A copy of the notice of public hearing which was published for the interim zoning ordinance. The City Manager reminded the Commission that the public hearing is to be held in the Community Room of the Courthouse. He then indicated that, since no recommendation 01-22-90 'i " , ~ . .} - 16 - ~ will be forthcoming from the staff or the City-County Planning Board, the staff will make a brief presentation to highlight the various sections of the ordinance; then public comment will be received. (10) The City Manager submitted his weekly report, as follows. (1) The first Development Review Committee meeting was held on Tuesday, to review a proposedsubdi- vision. (2) City staff conducted a site review with school officials on both elementary school sites, discussing demands on City services as well as requirements for site improve- ments. (3) He attended the Greater Yellowstone meeting last week, at which the Forest Service reviewed its fourteen goals for the upcoming year. He stated the Forest Service is seeking input on its goals by the first part of March; and he will distribute copies of those goals to the Commissioners for their review and comment. (4) The Gallatin Develop- ment Corporation Board met last Wednesday; and they indicated interest in having a City Commissioner serve on the Board. He noted the change must pass through the annual corporation meeting, which is scheduled for February 20, before It becomes effective. (5) Staff has been working on the capital improvement program; and he hopes to have it ready for distribution for next week's meeting. (6) Staff has entered into preliminary dis- cussions on the possibility of extending water trunk lines into the northwest sector of the community, in conjunction with construction of a third interchange. He noted the appro- priate time to extend those lines is prior to paving of the new street, rather than after it has been totally constructed. (11 ) Commissioner Goehrung stated that several members of the Cultural Affairs Advisory Committee have indicated their intent to resign from that committee. He asked the Clerk of the Commission to advertise those vacancies in hopes that they can be filled prior to a meeting scheduled for the first part of February. He indicated he will have the Chairman of the Committee contact the Clerk of the Commission so she will know how many vacancies to advertise. Commissioner Swanson suggested that a "thank you" letter should be sent to those who are terminating, asking if that is a standard policy. The City Manager concurred that IIthank you" letters should be sent, noting it has not been a consistently-applied policy in the past. (12) Commissioner Goehrung stated that at 7: 30 this evening, in SUB Ballroom B, those who took the last load of supplies to Rivas, Nicaragua, will conduct a slide presenta- tion. He noted this slide show is to serve as a kick-off for a fund-raising campaign to purchase an ambulance for that community. He stated all interested Commissioners are invited to attend. (13 ) Commissioner Goehrung noted he will be involved in the subcommittee meeting concerning the Master Plan on Wednesday. 01-22-90 ,.. "-~~,:~...,... ':.' ~~.~,,,,,. ~ i ->>. : . , l ~. - 17 - ~ "", (14) Commissioner Goehrung announced that on Thursday the RFP Committee will be meeting concerning the four technical proposals which havE! been short-listed for the landfill groundwater monitoring project. ( 15) Commissioner Goehrung stated he' has contacted groups such as the Chamber of Commerce, Gallatin Development Corporation and Downtown Bozeman Association, asking them to forward copies of their newsletters to ..him so he may keep abreast of their activ- ities. He suggested that possibly the Mayor could be requested to write letters to those groups from which the Commissioners would like to receive newsletters. (16 ) Commissioner Frost stated he feels that upzoning of properties under the new zone code has dangerous ramifications. He sugg,ested that those areas along Ice Pond Road and the Bozeman Creek area should be pulled from the interim zoning ordinance so those issues can be contemplated and addressed in a studied manner. (17 ) Commissioner Swanson stated that Mrs. Mary Wagner has scheduled a meeting at the Pilgrim Congregational Church on the.. evening of January 31. He noted that Mr. Mike Litle is to speak on recycling; andafl Commiss,oners are invited to attend. (18) Mayor Hawks distributed to the Commissioners copies of a letter which the County Commissioners hand delivered to the State lands Board stating their position on the proposed land exchange with Three Rivers Dispo~al. (19 ) Mayor Hawks distributed to the Commissioners copies of a letter which he had received from Helga Wolf, Austria, noting it portrays an unfortunate situation. He noted any Commissioner may respond in any way he/she deems appropriate. (20) Mayor Hawks stated he has received an article which was published in the Christian Science Monitor, concerning recycling. He indicated he will have copies made for the Commissioners. (21) Mayor Hawks referred to information and newspaper clippings submitted by former Commissioner Mary Vant Hufl concerning planning and zoning. The Clerk noted that information was placed in the Commissioners mailboxes; and all Commissioners had received a copy. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. A Club - Gallatin Count Claims It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as fisted, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com- 01-22-90 "----' ' .. ,- J · . - 18 - .. ~~ missio~~r Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Executive session re collective bargaining Mayor Hawks stated this was the time set for discussion of strategies for collective bargaining for Fiscal Year 1991, in accordance with Section 2-3-203 (4), Montana Code An- notated. At 4:57 p.m., Mayor Hawks called an executive session for the purpose of discuss- ing strategies for collective bargaining and requested that all persons except the Commis- sioner, City Manager Wysocki, Administrative Services Director Gamradt and the Clerk leave the room. At 6: 04 p. m., Mayor Hawks closed the executive session and reconvened the open meeting. Adjournment - 6:04 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Knapp, Commissioner Swanson, Commissioner Frost and Mayor Hawks; those voting No, none. 01-22-90 :..,.,...'..,......'-