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HomeMy WebLinkAbout1990-04-16 $' :# MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA Apri I 1 6, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 16, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, 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. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items to be removed for discussion. Commissioner Swanson requested that the authorization to close interest from Beall Park Art Center Grant into General Fund be removed for dis- cussion. Minutes - Apri I 9, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes for the regular meeting of April 9, 1990 be approved as amended. The motion carried by the fol/owing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. City Manager Wysocki presented Ordinance No. 1307, as reviewed by the City At- torney, entitled: ORDI NANCE NO. 1307 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "AS" (AGRICULTURAL SUBURBAN) TO AN "RS-l" (RESIDENTIAL-- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON PROP- ERTY IDENTIFIED AS BEING APPROXIMATELY SO ACRES LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of April 2, 1990. He then recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1307, amending the zoning designation from an "AS" to "RS-l" on approximately SO acres located in the northwest one-quarter of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin County, 04-16-90 -----.----.-- ~ j - 2 - Montana. 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. The City Manager presented Ordinance No. 1309, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1309 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF McADOW AVE- NUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC ADDITION TO THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE EAST AND FURTHER LYING BETWEEN FRONT STREET ON THE NORTH AND THE SOUTHERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY ON THE SOUTH, ALL LOCATED IN THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that this ordinance was provisionally adopted on April 2, and recommended that it be finally adopted at this time. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1309, vacating and abandoning that portion of McAdow Avenue lying between Block 49 and Block 47 of the Northern Pacific Addition. and further lying between Front Street on the north and the southern boundary of the east/ west alley right-of-way en 'the sooth. 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. Request for permissjon to address Commissionre newspaper recycling program - Gallatin Empire Lions ClUb ,.' City Manager Wysocki stated that the Gallatin Empire Lions Club has submitted a letter requesting permission to address the Commission concerning their newspaper re- cycling program. Mr. Jim McLean, a director of the Gallatin Empire Lions Club, gave a brief history of recycling. He noted that in 1983, several members of the Lions Club felt a need in the community for an organization to assist individuals or groups who had encountered unfor- tunate circumstances or adversities; so, the Lions Foundation was established. The Foun- datiJon is a non-profit organization which is funded through the recycling program. The principal remains in the account; and the interest earned each year must be spent for hu- manitarian purposes within the community. Mr. McLean stated that in 1984, the Lions Club began recycling newspapers and aluminum cans; and it took quite some time for the program to grow beyond the capabilities 04"':16-90 , I - 3 - of the Lions Club. He noted the monies gathered from this endeavor have been used to assist those in need, such as hearing aids for the elderly and glasses for youngsters. They have also funded trips for parents to Salt Lake City so they could be with children who may have dreaded diseases. Mr. McLean stated that when labor for the recycling program became too intensive for the Lions Club members, they contracted with Reach, Inc., to provide the labor for collecting the newspaper from the bin locations, sort and stack it. The Club members then load it approximately once a month on a semi-truck/trailer unit; and it is taken to Portland where it is sold for recycling. He stated that the monies received from newspa- per recycl ing have decreased substantially; and the Lions Foundation is now in a position where it must subsidize the newspaper recycling from monies gained through the aluminum can recycling. Mr. McLean stated that he feels the Lions Club newspaper recycl ing program is a benefit to the community, and keeps a substantial amount of newspaper from being buried in the la ridfi II . He noted the program has also helped to get people into the habit of re- cycling; and he feels that continuation of those habits should be encouraged. Mr. Paul Hayes, President of the Gallatin Empire Lions Club, gave a brief history of the program, reiterating many of the comments made by Mr. McLean. He stated that the Lions Club currently recycles approximately 12 tons of newspaper per month. He not- ed that the price received for newspapers has dropped dramatically in the past few years. He stated that the newspapers are shipped to Portland, where $57.94 is paid per ton. Costs incurred include $25 per ton for the trucking; $5 per ton to Bozeman Recycling for broker's fee; and $45.71 per ton to Reach, Inc., for handling of the newspapers through the local recycling process. He noted that results in a $17.77 per ton deficit at the pres- ent time. Mr. Hayes stated that in Janua ry 1988, the Lions Club received $95 per ton, before expenses; but that payment has steadily declined to the present level. He noted that last year, the Lions Foundation realized $452 in net gain in 1988; but in 1989 the net loss was $2,488. Mr. Hayes stated the alternatives now available include: (1) closing the newspaper bins, which would have a negative impact on the landfill; (2) finding another volunteer group to do the recycling; (3) City contracting of recycling; or (4) City subsidizing of the current program to a break-even status. He noted that, based on last year's figures, that would be approximately $207 per month. In response to a question from Commissioner Knapp, Mr. Hayes stated that the li- ons Club netted approximately $5,500 on aluminum cans last year; however, $2,500 of that was used to subsidize the newspaper recycling program. 04-16-90 i . - 4 - I n response to a question from Mayor Hawks, Mr. Hayes indicated that at the pres- ent time, there is one manufacturer of recycled paper in the Portland area; and that fa- cility can utilize S tons of paper per day. He noted that three new plants are under con- struction in that area; and it Is anticipated that when they are operationa I, a tota I of 21 tons of paper can be utilized per day. He further noted that more and more states are requiring that a portion of the newspapers be printed on recycled paper; and that will in- crease the market for recycled paper. Mr. Hayes stated that at the present time, there is an over abundance of recycled paper because of mandatory recycling programs in many ar- eas, without the supporting market having yet been developed. Mr. Jerry Dusenberry stated that the amount of newspapers and aluminum cans be- ing recycled has increased; and the labor bill being paid to Reach, Inc., has remained about the same. He then briefly highlighted the process which is followed from the time the newspapers and cans are dumped into their collection bins until the newspaper is loaded for shipment, indicating that process has been streamlined to reduce costs. He then stated the Lions are interested in staying in the newspaper recycling business; how- ever, they do not wish to subsidize it through this losing period. Mr. Hayes stated that the Lions Club recycl ing program processed 140 tons of newspaper last year, which kept it out of the City's landfill. He also noted that this pro- gram employs eight to ten Reach clients on a full-time basis. Ms. Rita Bennett, location manager for Reach, briefly highlighted the basis on which Reach clients are paid. She stated that the clients are paid under a Department of Labor schedule, which is derived through applying an individual's productivity rate to the $3. SO-per-hour minimum wage. She estimated the annual payroll at $5,500 to $6,000 for this program. In response to a question from Commissioner Frost, Mr. Dusenberry stated that Reach clients pick up the aluminum cans from the collection bins and take them to the Bozeman Recycl ing Center. The Lions Club then receives a check from Montana Recycling in Missoula for those cans. Commissioner Swanson asked for an estimate of the City costs saved by having the 140 tons of newspaper recycled. Director of Public Service Forbes stated he has not tried to identify that savings; however, he recognized that there are some avoided costs. Commissioner Swanson then suggested that figures on the costs of recycling could be beneficial while reviewing this request, as well as when considering the restructuring of garbage rates and the City's curbside recycling program. Mr. Hayes indicated he can compile those figures for Commission consideration. City Manager Wysocki requested that the compilation of figures include as many 04-16-90 , . - 5 - years as possible, so the relationship between volume and costs can be determined. I n response to a question from the City Manager, Mr. Hayes stated that the Lions Club, at meetings held Monday night and Tuesday morning, voted to close the newspaper recycling bins. He noted, however, that he will leave them open while the Commission de- liberates and makes its decision on their request. He stated that if the Commission does not vote to subsidize the newspaper recycling program, the Club will once again carefully consider their options because it is not practical to run a losing operation. He then ex- pressed concern that if it is decided that the newspaper recycl ing program should be dis- continued, it could be very difficult to convince people to begin again when the program is re-instituted. Mr. Dusenberry noted that the Lions Club contract with Reach, I nc., expired on April 1; and they are working without a contract while waiting for the City's response. Mr. Hayes noted that the Board of Directors for Reach, Inc., will attempt to set its budget at its April 25 meeting; and it would be beneficial for them to know if the re- cycling program will be providing jobs for their clients once again. In response to a question from Commissioner Swanson, Mr. Hayes stated the Lions Club has avoided recycling of glass because it is labor intensive; and if the glass gets broken, those working in the program could be cut. He further noted there is no market for recycling of glass in Bozeman. City Manager Wysocki indicated that staff will work with the Lions Club in prepara- tion for further consideration of this item at next week's meeting. Discussion re street maintenance districts The City Manager stated that included in the Commissioners' packets was a com- pilation of data, as prepared by Director of Public Service Forbes. Director of Public Service Phill Forbes stated that the data prepared is based on the philosophy that major maintenance and general maintenance of streets would be funded, in part, through the street maintenance district. He noted that major maintenance items include the chip and seal program, street overlays, replacement of curbs and gutters, re- pair of intersections, and maintenance of the storm drainage system. He noted that at the present time, those maintenance items are usually addressed through contracted services. The Director stated that in the proposal he has submitted, the funding for street maintenance programs in Fiscal Year 1991 would be increased by approximately $400,000, which is the anticipated revenue that would be generated through this revenue source. He noted that a serious effort to fund capital equipment replacement costs is included in the proposal, per a proposed schedule which he has prepared. He stated that these items would be purchased through five-year INTERCAP loans, to spread the costs over a realis- 04-16-90 .~.- I i - 6 - tic period of time. Director of Public Service Forbes stated that under this proposed program, two more employees will be hired to cover the street sweeping and snow removal activities. The Director reviewed the major maintenance schedule and costs, as contained in the packets. He noted that under this schedule, all major maintenance projects would be funded at a level that would allow for the activity to be completed in the timeframe of an- ticipated life, then staPt~.d over again. He;ndicated that the cost for this level of service is projected at $907,0.00 per year, which is not practical. He suggested that a more real- istic figure would be $500,000 from all sources, including Gas Tax, General Fund and street maintenance district assessment monies. He also noted that replacements will be done only when the work isrequfred, not just because the magical age has been reached. In response to a question from the City Manager, Director Forbes stated that in Helena, two maintenance districts were formed; and the assessment rates between the com- mercial and residential districts have fluctuated dramatically even though the total dollars generated has remained essentially stable. He suggested it would be better to establish only one district, determining through experience the appropriate assessment rate on that district before creating any more districts to provide varying levels of service. Commissioner Swanson noted the information provided graphically demonstrates that a street maintenance district, as proposed, will not generate the monies needed to fund the ideal level of service. He also expressed concern that the program as proposed will not generate adequate monies to increase services to high enough a level to satisfy those pay- ing the assessments. He then suggested it might be appropriate to increase the assess- ments and, therefore, the revenues generated so more services can be provided. The Director of Public Service suggested it may be possible to implement the pro- gram at the level he has proposed, reviewing the results with the idea of increasing the assessment rate if it is determined that the service level is not adequate. City Manager Wysocki suggested that if long-term major improvements are undertak- en, it may be appropriate to construct those improvements through a funding mechanism that is repaid over an extended period of time, so that those costs are borne by those utilizing the facilities and not just the property owners of today. He then stated he shares Commissioner Swanson's concerns; however, he recognized that a balance must be found. In response to a question from Mayor Hawks, the City Manager indicated that fund- ing for construction. of new streets should not be accommodated through a street mainte- nance district; however, thos~ assessment monies could help to free other sources of mon- ies, such as Gas Tax, for such projects. City Manager Wysocki suggested the possibility of establishing an assessment ceiling 04-16-90 , I , - 7 - of .75 cents per square foot, with a specified cap, rather than the .4 cents per square foot, with a specified cap, that has previously been discussed. He noted the Commission could then set the assessment figure each year, and still accommodate those properties and areas where extra services are provided. In response to a question from Commissioner Swanson, the Director indicated that some additional equipment will be required to provide the additional level of service, but not initially. He noted that at the present time, one or two shifts are scheduled; and the equipment is idle the remainder of the time. He indicated that there must be time for maintenance of the machines; however, additional shifts could be scheduled to generate more use of the machines. He noted that at the present time, the City's mechanics work a regular 8:00 a.m. to 5:00 p.m. shift; and scheduling more hours of operation could result in changing those schedules or having a mechanic on cal,. Mayor Hawks noted an interesting article about a leaf sweeper used in Kalispell. He then asked if that would be an option locally. The Director stated that the leaf sweeper is a separate piece of equipment; and he is going to check with Kalispell on its efficiency after it has been in use for a while. He then noted it appears to be a labor-intensive activity. In response to a question from Commissioner Swanson, Director of Public Service Forbes stated that the State Highway Department has done the City1s striping in past years; however, the local shop has indicated they will not do so this year. He then in- dicated he will approach the County to see if they will do the striping, since they have acquired an old Highway Department striper. He noted if that is not successful, the City will contract the work until the City acquires a striper. City Manager Wysocki reminded the Commission that under the original schedule for creation of a street maintenance district, official Commission action was to be taken in April 1990. He then asked if the Commission is prepared to move forward in accordance with this timeline. The Commissioners indicated that they are basically ready to take action, with a lit- tle additional information. The City Manager stated he will place this item on the agenda in two weeks for action. Discussion with City Attorney re questions submitted by Gallatin County Commission in let- ter dated March 26, 1990 City Manager Wysocki reminded the Commission that they had requested this item be placed on the agenda. City Attorney Becker reviewed the questions submitted by the County Commission- 04-16-90 I , - 8 - ers, in a letter dated March 26, 1990 ,as follows: 1. Does the City Commission or the Gallatin County Commissioners have authority to approve or disapprove a subdivision in the three miles extraterritorial area of the City of Bozeman in the jurisdictional area of the Bozeman City-County Planning Board? 2. Does the Gallatin County Subdivision Regulations or the Bozeman Area Subdivision Regulations apply to the jurisdictional area of the Bozeman City-County Planning Board? 3. Can Gallatin County amend the subdivision regulations in the three miles extraterritorial area without consent of the Bozeman City Com- mission? 4. Do revisions to the Master Plan require the approval of both the City Commission and the Gallatin County Commissioners? 5. May the Gallatin County Commissioners adopt zoning regulations for the three mile area outside the City of Bozeman in the jurisdictional area of the City-County Planning Board which would supersede the Bozeman zoning ordinance? The City Attorney provided a brief review of the conversations and actions that have taken place on these issues to date. He noted that he and County Attorney Salvagni met and discussed the master planning and zoning authority of each governing body; and these are the five questions they have been unable to agree upon. He indicated, there- fore, the County Commission has forwarded these questions to the City Commission for con- sideration and discussion. City Attorney Becker stated that the Bozeman Area Subdivision Regulations were originally adopted by the Gallatin County Commission and the Bozeman City Commission in 1975; and that document has been periodically amended. He then reminded the Commissioh that the question of which governing body approves subdivisions within the jurisdictional area was submitted to the Attorney General for an opinion; and the opinion rendered stat- ed that the County Commission has governing authority. He noted that he disagrees with the opinion and feels that it was based on the wrong statutory interpretation; however, the Attorney General's opinion is the law which must be followed until either a Court de- cision or legislative action changes it. Commissioner Knapp asked why these questions have arisen, particularly since both the City and the County are represented on the City-County Planning Board. The City Attorney responded tha't his disagreement with the Attorney Generalis opinion is the basic reason these questions are before the governing bodies. He stated that the only question which appears to be easily answered Is No.5, since the statutes specifically state that the County cannot ~stablish a board that takes jurisdiction away from an existing board. In response to a question from Commissioner Goehrung, the City Attorney indicated that the three-mile extraterritorial limit does not expand automatically with annexations, but must be specifically addressed. He then noted that there are some County zoning dis- 04-16-90 .' . - 10 - , - 9 - tricts within three miles of the city limits. City Attorney Becker then outlined the options for action which the Commission may consider, as follows: (1) enter into an interlocal agreement with the County Commission; or (2) seek a declaratory judgment through the District Court. He indicated that a declaratory judgment action could take three to six months. The City Attorney then en- couraged the Commission to meet with the County Commissioners in an attempt to create an interlocal agreement that is satisfactory to both parties. In response to a question from the City Manager, City Attorney Becker discouraged seeking another Attorney General's opinion on the issue. He noted that the process took approximately six months last time; and the fourth and final draft was different from the first three submitted to both parties for review and comment. Following discussion. the Commissioners concurred they would like to meet with the County Commission in an attempt to address these questions, after receiving legal briefing on the subject from the City Attorney. Commissioner Frost also requested that the Commissioners be provided with copies of the County's Subdivision Regulations, along with the comparison chart that shows the differences between the City's and County's regulations. Appointment of subcommittee to review Pledged Securities as of March 31, 1990 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State Statute. It was moved by Commissioner Knapp. seconded by Commissioner Goehrung, that Commissioner Frost and Commissioner Swanson be appointed to review the pledged secu- rities as of Ma rch 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Com- missioner Swanson and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. ( 1 ) Copy of a letter from Shirley Luhrsen, 1822 West Beall Street, dated April 11, 1990, requesting that the speed limit on North 19th Avenue not be increased. (2) Copy of a letter from the County Commission which provides the fax numbers and new addresses for the County offices. (3) Copy of a notice that Sanitation Superintendent Sicz has published regarding free dump days. (4) Copy of a notice of vacancies on the Audit Committee. 04-16-90 ~ . ~ - 11 - Vicain concerning street maintenance districts. ( 14) Commissioner Swanson stated that the Montana League of Cities and Towns has scheduled a District 10 meeting for 4:00 p.m. on Wednesday, May 9, in Bozeman to discuss legislative proposals. He noted the location of the meeting has not yet been estab- lished. (15) Commissioner Swanson stated he has received a letter from Steve Ungar com- plaining about the lights on Kagy Boulevard. He noted he has received similar comments and complaints in the past and asked if that issue has already been addressed. Mayor Hawks stated he has raised that same issue at least three times. The City Manager reminded the Commission that Kagy Boulevard was constructed with Federal Aid Urban monies; therefore, federal regulations must be met, including lighting standards. He suggested it might be possible to hood the fixtures to keep the light from escaping upward; however, the amount of lighting on the roadway cannot be reduced. Commissioner Swanson requested that staff submit a recommendation on the possibil- ity of hooding the lights; the Commission concurred. (16 ) Commissioner Knapp distributed copies of the proposal entitled "Montana's 1-90 Corridor: The Road to Opportunity under the Big Sky." She noted this information was submitted during the meeting held last week, with representatives from Livingston, Missoula, Butte, Billings and Bozeman present. She then briefly highlighted the contents and requested that the Commissioners review this document and submit any proposed changes to either her or Ms. Dixie Swenson, Gallatin Development Corporation. The Commissioner stated it Is not the intent to pit the 1-90 corridor against the rest of the State on economic development issues, but rather to seek recognition of this corridor as a viable economic development area. (17) Mayor Hawks stated he met with Mr. Kreitz this afternoon. (18 ) Mayor Hawks reminded the Commission of the Christian Science lecture to- morrow evening as well as the Wheeler Lecture on Thursday evening. (19 ) The City Manager distributed copies of an article on "The Paper Chase" from the Farm Journal, as submitted by Mr. Bill Myers. Authorization to close interest from Beall Park Arts Center Grant into General Fund - $486.43 City Manager Wysocki reminded the Commission that Commissioner Swanson had re- quested this item be removed from the Consent Items. Commissioner Swanson asked what the cost has been to the City for processing of this grant, suggesting the possibility of sharing this interest with the Beall Park Arts 04-16-90 ---~ .. 'i ... - 12 - Center after recovering any costs involved. The City Manager stated that the subject grant was for $2,600 to be expended for energy conservation activities. He noted that the grant was received; however, none of those energy conservation measures were installed at the Beall Park Arts Center; and the State has requested that those monies be returned. He then suggested that the Commission could ask the Center to submit a request for the interest monies to complete an energy conservation project. The City Manager then encouraged that action be taken to clear the account before the end of the fiscal year. Commissioner Goehrung suggested that action on this item be tabled for a period of one week to allow the Director of the Beall Park Arts Center to submit a request for use of the interest monies. It was moved by Commissioner Swanson, seconded by Commissioner Knapp that action on this item be tabled for a period of one week to allow the Beall Park Arts Center to submit a proposal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commis- sioner Frost and Mayor Hawks; those voting No, none. Consent Items The City Manager presented to the Commission the following Consent Items. A A It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed, 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- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the meeting be adjourned. 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. 04-16-90