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HomeMy WebLinkAbout1990-06-25 . .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 25, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 25, 1990, at 3:30 p.m. Present were Mayor Pro Tempore Swanson, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Mayor Hawks was absent from the meeting in compliance with Section 7-3-4322 (2), MCA. 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 - June 4 and June 18, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes for the regular meeting of June 4, 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Pro Tempore Swanson; those voting No, none. Mayor Pro Tempore Swanson deferred action on the minutes of the regular meeting of June 18, 1990, for a period of one week. Commission Resolution No. 2790 - establishing a revised landfill fee schedule City Manager Wysocki presented Commission Resolution No. 2790, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2790 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR US- ERS OF THE CITY OF BOZEMAN LANDFILL. The City Manager reminded the Commission that the public hearing on this proposed revision to the landfill fee schedule y.tas conducted at last week's meeting. He noted that the Clerk of the Commission has prepared a finalized copy of the resolution, which in- cludes two "Schedule A" attachments, for Commission consideration. He noted that the new "Schedule A" includes all of the revisions proposed by staff during the public hearing process, except for the variation which is provided under "building products." He then requested that the Commission determine which "Schedule A" to attach to the resolution prior to voting on the item. The City Manager then distributed to the Commission a memo from Streets/Sanitation 06-25-90 } . - 2 - ~ Superintendent Sicz responding to the possibility of burning at the landfill, as raised by Mr. Walter Martel during the public hearing. Commissioner Frost stated support for the second version, which provides for phas- ing in of the revised fees for "building products. II He noted that testimony submitted In- dicates that the "building products" category accounts for a substantial amount of the total waste taken to the landfill; and the proposed rate represents a substantial increase in the cost. He stated that phasing in of those rates would alleviate some of the pressure on local contractors and give them an opportunity to pursue recycling some of their wastes before incurring the higher fees. Commissioner Frost then stated it is important that everyone begin to consider re- cycling possibilities and be prepared for this and future rate increases because of the new impending federa I regulations. He also noted that the City is seriously considering re- vision of the garbage collection fee schedule, to be based on quantity of garbage rather than on the size of the house as it is now. ~ Commissioner Goehrung noted that he was the Commissioner who had suggested that increasing the rates be deferred for a period of time, with the possible phasing of the fees after that. He stated that during this past week, he has received telephone calls from businesses with car and truck parts indicating that those fees are prohibitive also; and there is no market for recycling of used mufflers. Commissioner Goehrung noted that the landfill is operated under an enterprise fund and functions for the general health, safety and welfare of the residents in the community. Commissioner Goehrung then stated that a review of the monthly reports submitted by Building Inspection Division revealed that a majority of the building permits recently issued have been for construction outside the city limits. He noted that since the City operates the landfill and is providing a service to its residents, he feels it is as appropri- ate to implement the fee for "building products II as it is for all other categories. He stated he feels it is unfair to single out one category and phase in those fees while re- quiring the others to absorb the costs all at once. The Commissioner also suggested that .:If the contractors have options to dumping .at the City's landfill, ~ V/O.;., ~ ~ W Commissioner Goehrung stated that, based on the impending gulations and the costs which the City has and will incur in operation of the landfill, he feels it is appropri- ate to implement the fees contained on the first "Schedule A, II so that those using the ser- vices pay the corresponding fees. Commissioner Knapp noted that she was contacted by on Iy one group about problems with the increases in the fees; and that group did not appear at the public hearing. ,She then indicated support for the first "Schedule A.II It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the 06-25-90 ~ -- '------- --------"----- --... -----'---- t . .. - 3 - Commission finally adopt Commission Resolution No. 2790, establishing a revised landfill fee schedule to be effective July 1, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Commissioner Goehrung; those voting No being Mayor Pro Tempore Swanson. Commissioner Goehrung referred to the memo from the Street/Sanitation Superinten- dent, noting support for the Superintendent's position. He expressed concern about the impact that burning might have on the air quality. City Manager Wysocki concurred, noting that burning at the landfill could create problems if it went underground. He also noted that burning would be an added expense in the landfill operation. The City Manager then stated that under the new fee schedule, as adopted, composting materials will be accepted under the general per load schedule, which is one cent per pound. He then suggested that after the summer season, the Commission may wish to review the amount of material received for composting purposes and possibly adjust that fee downward if determined appropriate. Continued discussion - request for funding of tree inventory and management plan City Manager Wysocki reminded the Commission that they had placed a motion on the table for this item at their regular meeting of May 14, 1990. He then recommended that it be removed from the table at this time. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the motion placed on the table at the May 14 meeting be removed. The motion carried by the following Aye and No vote: those 'voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Pro Tempore Swanson; those voting No, none. The City Manager suggested that, for purposes of accounting for the expenditures incurred for this project, the Commission may wish to authorize the expenditures of monies through the Beautification Committee's budget unit. He noted that after the costs have been incurred, the Commission will be requested to approve a budget amendment to trans- fer monies from the Clty's general fund to that budget unit to cover those costs. The Commission then voted on the tabled motion, which reads as follows: "It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the expenditure of up to $2,200 to match a grant from the Forestry Division of the Department of State Lands for a tree inventory and management plan. II The motion failed by the following Aye and No vote: those voting Aye being none; those voting No being Commissioner Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Pro Tempore Swanson. It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the 06-25-90 ~.,,:'---'--- --.--.- 1; "', . - 4 ... Commission authorize the Beautification Committee to expend monies from its budget unit to match a grant from the Forestry Division of the Department of State Lands for a tree in- ventory and management plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung and Mayor Pro Tempore Swanson; those voting No, I)one. Discussion - City Attorney's report reself...government powers The City Manager reminded the Commission that the City Attorney's report was in- cluded in last week's packet; however, discussion was deferred until this meeting so the City Attorney could be present. City Attorney Becker briefly highlighted his memo and the background information attached. He noted that the two ptlmcary advantages he sees in self-government powers is that (1) the local government has the option of setting its own form of government under a charter and (2) the possibility exists for increased taxation powers. He stated that the second item could provide more sources of revenue to the City; however, many of the options tried by other municipalities ,under self-government powers have been struck down by the courts, including the bed tax. Responding to Commissioner Frost. Commissioner Goehrung stated that the majority report from the 1986 Study Commission recommended that the Commission consider the op- tion of self-government pow"rs iin 1989; and the minority report suggested that it be con- sidered immediately. He noted another recommendation was that the City keep a record of any issues which might have been addressed in a manner more beneficial to the City under self-government powers; and a listing of those items was recently submitted by the Clerk of the Commission. He then noted that the issue of self-government powers is being raised now, rather than surfacing In 1989 . The City Attorney stated that in 1994. the electorate must vote on whether they wish to study the current form of government; and if that vote is affirmative, a study commission must then be elected. He stated there is a provision in the statutes that allows the electorate to petition for the placement of self-government powers on the ballot; or the Commission may, by resolution, place the issue on the ballot. He stated that if that is ap- proved, then a study commission must be selected to submit a proposal to the electorate. The City Attorney stated that the self-government powers may be implemented as a sub-option of the various statutory forms of government; and he feels that to exercise it under the charter form or the commission-manager form would be most appropriate in Bozeman. Responding to Mayor Pro Tempore Swanson, Commissioner Goehrung stated it was clear why the sub-option of self':'government powers failed in 1983. He noted at that time, 06-25-90 .... ~ , - 5 - there was extensive discussion on implementing a bed tax, which was later determined a form of sales tax and, therefore, not lawful. The Commissioner stated it is important to focus on the fact that self-government powers allow the local government to regulate, rath- er than having the State government make those decisions. He then noted that at the present time, nobody really knows what self-government powers really do allow because there have been so few cases come before the courts on this issue. The City Manager stated that implementation of self-government powers could put 9 ; the City 4 position to react to community needs more effectively. He then cautioned the Commission that with the 1-105 restrictions, the flexibility in generating revenues is se- verely limited. Discussion - appointments to Parking Commission; structure, duties and responsibilities thereof City Manager Wysocki stated that included in the Commissioners' packets were a memo from the Clerk of the Commission along with excerpts from the minutes of the meet- ings at which creation of a Parking Commission were discussed, resolutions governing the Parking Commission and provision for cash-in-Iieu payments for parking spaces. The City Manager indicated the chairman of the Parking Commission is out of town th is week and is, therefore, unable to attend this meeting. He then suggested that the Commission may wish to meet with the Parking Commission, noting the discussion could be beneficial for both bodies. Responding to questions from the Commission, the City Manager stated that the Parking Commission is basically autonomous. He noted that they operate as their own business, taking care of their own revenues and expenditures without going through the City's books. Commissioner Goehrung expressed concern about the lack of interest in serving on the Parking Commission and stated a desire to increase the interest in those presently serving. Mayor Pro Tempore Swanson asked what issues should be addressed in a work ses- sion with the Parking Commission. The City Manager suggested that issues such as summer maintenance of the parking lots and removal of snow from the parking lots during the winter could be discussed. Following a brief discussion, the Mayor Pro Tempore then requested that a work session be held within the next four weeks, so the Commission can meet with the Parking Commission. 06-25-90 ", ""I!" ~ .. .... . , - 6 - Discussion - development of list of names for MSU Presidential Search Committee The City Manager submitted to the Commission a memo concerning the MSU presi- dential search, along with a list of possible names to be forwarded to the Commissioner of Higher Education for consideration. He noted that the Chamber of Commerce and the Gallatin County Commission have also been requested to forward names. The City Manager then stated that those whose names are forwarded will be asked to submit resumes to the Commissioner of Higher Education by Friday. Commissioner Knapp stated this Issue arose during the President's Round Table dis- cussion. She noted that the County Commission is currently reviewing a list of possible candidates; and she briefly reviewed those names. The City Manager then reviewed the list of candidates being considered by the Chamber of Commerce. Following a brief discussion, the City Manager suggested that a sub-committee of two Commissioners be selected to review the list of names and contact individuals to obtain resumes for submittal to the Commissioner of Higher Education's office by Friday. Mayor Pro Tempore Swanson appointed Commissioner Knapp and Commissioner Goehrung to the sub-committee to develop a list of three candidates, and ensure that the resumes are forwarded to Helena not later than Thursday. of Bozeman and City Manager Wysocki submitted to the Commission a revised copy of the Interlocal Agreement between the City of Bozeman and the County of Gallatin establishing a City- County Board of Health. City Attorney Becker reviewed the revisions which have been made, noting they are a direct result of the concerns forwarded by the City Commission to the County Commis- sion following the May 14 meeting. He then highlighted those revisions, noting that the Agreement now provides for a six-member board with one County Commissioner or rep- resentative, one City Commissioner or representative, two members appointed by the County Commission and two members appointed by the City Commission. He noted that the pro- vision has been made for appointment of ex officio members, with two-year terms, which will allow for utilization of individuals with expertise in certain areas and will provide a specific term. He then stated that a paragraph has been added to provide for disposal of property upon termination of the Agreement, based on the ratio of tax levy contributed to the operation of the department. The City Manager recommended that the Commission authorize the appropriate per- sons to sign this Agreement, since it has been revised to address all of their concerns. ~ 06-25-90 ,.,. <t ..; . . - 7 - It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Interlocal Agreement between the City of Bozeman and the County of Gallatin establishing a City-County Board of Health, and authorize and direct the appropriate persons to sign the document. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com- missioner Frost and Mayor Pro Tempore Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 'nforma- tion II items. (1) Notice of a special meeting of the City-County Planning Board scheduled for 7:00 p.m. this evening to begin creating the goals and objectives and scope of work for the transportation plan. (2) Letter from Jennifer and George Tuthill, 810 South 7th Avenue, requesting a stop sign at the intersection of South 7th Avenue and West Harrison Street. The City Manager suggested that the intersection should be studied prior to any action being taken on this request. He noted that since it is close to the University, it may be appropriate to wait until fall to conduct the study. Mayor Pro Tempore Swanson noted that Ms. Tuthill would like to address the Com- mission about this request. He then requested that it be placed on the agenda as soon as possible. (3 ) Copies of the minutes from the Pedestrian/Traffic Safety Committee meetings held on June 6 and June 19, 1990. (4) The City Manager submitted his weekly report, as follows. (1) The Execu- tive Committee of the Gallatin Development Corporation toured the Haynes Building, con- sidering the possibility of using It as an incubator for businesses. He noted that the Committee needs to set a meeting with Commissioners Knapp and Swanson to discuss the possibility, so the Committee can make a report back to the Board. (2) Repair work has been done on the Lyman Creek reservoir cover, under warranty provisions. (3) Water us- age has increased over the past week, as revealed by the following figures: last Monday - 3.5 million gallons; Friday - 6.2 mg; Saturday - 5.8 mg; Sunday - 6.3 mg; and today estimated at 7 mg. Hyalite Lake water will be used beginning tomorrow, which is approxi- mately two weeks later than normal. (4) The Middle Creek Water Users' Association met with representatives from DNRC. Topics of discussion included the minimum pool, the special permit costs and how water will be apportioned if there is a water shortage. He noted one proposal was to honor the old water rights before the new water rights, which means the City would absorb all shortages. (5) He met with the Pachyderm Club at noon 06-25-90 ~ ;~. . ,; - 8 - on Friday; and Items of discussion included the budget, and street and tree maintenance districts. (6) CMC Real Estate has forwarded a lease for the Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-of-way which borders Lindley Park. He noted that the price of the lease has increased from $600 per year to $12,000 per year; and staff is now pursuing the various options that might be available. He reminded the Commission that this right-of-way includes the hollow and the pond which are generally considered a part of Lindley Park. (7) Ms. Darcy Dahle has been sworn in as the newest police officer. She replaces Steve Thorne, and was formerly employed at the Gallatin County Detention Center. (5) Commissioner Frost submitted the following report. (1) Attended the Plan- ning Board meeting on Tuesday night. He noted there was substantial discussion about the problems incurred by Color World and College Chevron under the new system, as well as designing of proposals at the Commission's public hearings. Ground rules are to be im- Plemente~ require that the same submittal be utilized throughout the process; and if /j' anYn~ges are made, they will be remanded back to the beginning of the process. (2) Met with several Planning Board members, Assistant to the City Manager Ron Brey, Plan- ning Director Andy Epple, Commissioner Swanson and Mayor Hawks about the jurisdictional a rea. (3) Attended the picnic and meeting of the Recreation and Parks Advisory Board on Tuesday night. The Board members plan to begin an inventory of the parks and open space in the community immediately, while waiting for the City staff to be available to as- sist in preparation of the parks and open space master plan. (4) Attended the tree plant- ing for Dennis Seibel on Thursday. (6) Commissioner Knapp submitted the following report. (1) Attended the re- cycl ing meeting at MSU, with a consultant from Penn State. She noted the group was sma! I and discussion was good. (2) Attended the Chamber of Commerce President's Round Table discussion. (3) Attended the reception and tree planting for Dennis Seibel on Thursday afternoon. ( 7) Mayor Pro Tempore Swanson submitted the following report. (1) Made a presentation to the Recreation and Parks Advisory Board concerning the advisability of creating a bicycle advisory board, which could address items such as the transportation plan. He stated that two of the Board members are reviewing the material he gathered during the recent meeting conducted by two bicyclers from Seattle prior to any decisions on this proposal. He noted the sub-committee will then report back to the Board; and the Board will then forward a recommendation to the Commission. (2) Attended a meeting with the Burke family, who own the area commonly referred to as "Peet1s Hill, II concerning a possible land trade. (8) Commissioner Frost circulated a brochure on the Western Planners Regional 06-25-90 ~ ...j..'r 'C'... .. ji .,. ~ . - 9 - Conference, to be held in Bozeman on July 31 through August 3, 1990. Consent Items The City Manager presented to the "Commission the following Consent Items. Commission Resolution No. 2799- establishing rates for water charges COMMISSION RESOLUTION NO. 2799 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 2800 - establishing rates for sewer charges COMMISSION RESOLUTION NO. 2800 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR SEWER RENTAL CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 2801 - purchase of road oil for FY1990-91 COMMISSION RESOLUTION NO. 2801 PURCHASE OF ROAD 01 L. COMMISSION RESOLUTION NO. 2802 RESOLUTION AUTHORIZING PARTICIPATION IN THE BOARD OF INVEST- MENTS INTERMEDIATE TERM CAPITAL PROGRAM. Authorize absence of Commissioner Swanson from the meeting of July 2, 1990, in compliance with Section 7-3-4322 ( 2), MCA Claims It was moved by Commissioner Goehrung, 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 Goehrung, Commissioner Frost, Commis- sioner Knapp and Mayor Pro Tempore Swanson; those voting No, none. Adjournment - 4 :50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung and Mayor Pro Tempore Swanson; those voting No, none. 06-25-90 .. ~~" .~~.- .'_..,-