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HomeMy WebLinkAbout1990-07-09 ~ i r~7 -'1'.. , ~ .. .... ,. . . . it-; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 9, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 9, 1990, at 3:30 p.m. Present were Mayor Hawks, Commis- sioner Goehrung (after 4:11 p.m.), Commissioner Frost, Commissioner Swanson, Commis- sioner 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 be removed for discussion. City Manager Wysocki requested that the deviation from the re- quirements of the East Main Street Entryway Overlay District for J & H Office Equipment be removed for discussion. Minutes - July 2, 1990 It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the minutes of the regular meeting of July 2, 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. .- South 7th Avenue and West venue City Manager Wysocki reminded the Commissioners that they have received a letter, along with a petition containing eighteen signatures. requesting installation of stop signs at the intersection of South 7th Avenue and West Harrison Street. He noted that this let- ter was acknowledged under "For Your Information" items at the June 25 meeting; and Commissioner Swanson had requested it be placed on the agenda for discussion. Mrs. Jennifer Tuthill, 810 South 7th Avenue, stated she has lived at this address for thirteen years; and over the years she has often been the first responder to accidents at the intersection of South 7th Avenue and West Harrison Street, since she is trained in first aid. She stated that the number of accidents, as well as the severity of those acci- dents, has increased over the years; and she feels action should be taken before a fatality occurs. She noted that three weeks ago, an accident resulted in a vehicle being flipped over on its top, coming to rest near the sidewalk area. She stated that following acci- dents, vehicles have rested across the sidewalk and sometimes in the front yard of a resi- dence. Mrs. Tuthill stated that the crunch of vehicles colliding. followed by dead silence, 07-09-9 ~ l;' I <I ~ " 1 , . ,/ . ~ - 2 - . .t:J is a trauma through which the immediate area has suffered over an extended period of time; and she feels now is the time to address the problem. She noted there are now many more small children in the vicinity than there were five years ago; and the accidents are cause for concern to both the parents and neighbors. Mrs. Tuthi II stated that accidents have become worse and worse over the years, noting that cars gaining speed as they head north on South 7th Avenue seem to be the major cause of those accidents. She noted that as traffic travels north on South 7th Ave- nue, it passes from the MSU campus, which is a wide street with no on-street parking, across West Cleveland Street onto a narrower street with parking on both sides. She noted that situation, coupled with the downhill slope, seems to lead to problems at the subject intersection. Mrs. Tuthill stated the intersection is not particularly tricky in the winter; in fact, there are few accidents, including fender benders, there. She noted there is usually one bad accident in the fall and one bad accident in the spring at the subject intersection, when climate and road conditions are not a factor. She noted that with an MSU residence dorm and the Quads located along the south side of the Intersection, the traffic during the school year is usually very high in that area, while it is extremely quiet during the sum- mer months. Mrs. Jennifer Tuthill noted the City staff follows a handbook in deciding whether or not a stop sign is warranted; and in this instance there is not adequate traffic to warrant a stop sign. She noted, however, that a high incidence of accidents is one criterion which can be utilized; and she feels it would be appropriate to do so. She suggested an- other alternative, which would be supported by the neighbors, is installation of speed bumps, which would slow the traffic as well as Improve the safety of the intersection. Mrs. Tuthill noted that the Police Department has reviewed this intersection and recommended that stop signs be installed on West Harrison Street rather than on South 7th Avenue. She stated that might be the technically correct answer; however, it does not address the issue of speeding on South 7th Avenue, which is the primary cause of the ac- cidents. She then submitted the neighborhood's willingness to assist in whatever way, in- cluding paying for the stop signs; and noted their desire to have the signs installed be- fore fall quarter begins on campus. City Manager Wysocki stated the Police Department has reviewed their records and found one accident during 1988 and eight during 1989. He then noted that on the south side of the intersection. there Is a sizeable shrub on one side and a hedge on the other side of South 7th A venue. He suggested that pruning of that vegetation so it no longer infringes on the site triangle could possibly alleviate some of the problems. He noted that staff is hesitantly conducting a traffic count at the intersection, recognizing it will not ac- 07-09-90 -----'"-'-'---..-- --~ ~ , ~~ .r , , ... .~ . - 4 - i j per fiscal , . r- . . . - 3 - -" ~ J curately reflect its wintertime usage. Director of Public Service Phill Forbes distributed to the Commission a memo from Engineering Aide Kerr, along with a diagram of the intersection, a computer listing of ac- cidents for the period January 1, 1980 through June 30, 1989 and an excerpt from the Manual on Uniform Traffic Control Devices. He noted the manual promotes the use of less restrictive means before utilization of a stop sign, suggesting that a "yield" sign might al- leviate the problems. He also noted that removing the encroachments from the site triangle would open up the intersection, providing better visibility. Responding to Mrs. Tuthill, the Director stated that one philosophy is that minimiz- ing the number of traffic control devices utilized will result in better driver obedience. He noted that if a traffic control device does not make sense to a driver, he will disobey it; and that could create a worse situation than currently exists. The Director then stat- ed that the manual has evolved over a century; and the current rules and regulations re- flect that experience. He concurred that the subject intersection is a problem one; but the immediate installation of a stop sign is not the answer. Commissioner Swanson noted that immediate review of the site triangle should be the first step, and moving the parking back from the corner could be beneficial. He also sug- gested that increased law enforcement in that area, so that it becomes known as one of those areas where one can easily receive a speeding ticket, could help to dramatically slow the northbound traffic. The Commissioner then noted this item might appropriately be for- warded to the Pedestrian/Traffic Safety Committee for their review and comment. The Commissioners concurred that would be appropriate and directed the Clerk to forward the matter to the Pedestrian/Traffic Safety Committee. re revisions uttl Meeks, - The City Manager stated that included in the Commissioners' packets was a copy of the revisions to the "structure, guidelines and objectives for the Beautification Committee," dated July 9, 1990, as proposed by the Beautification Committee. Ms. Tutti Meeks, Chairman of the Beautification Committee, briefly highlighted the revisions being proposed by the Committee. She stated that the Committee recommends that it be comprised of eight to ten members; and at this time it has six active members. She then requested that the Commission advertise to fill the remaining two to four va- cancies as soon as possible. Ms. Meeks stated that Patagonia has contributed $3,000 to the Beautification Com- mittee; and those funds will be used to help fund their activities through the upcoming year. She noted the Committee will also request that the Commission appropriate $1,000 07-09-90 0\ \. , ," - 5 - So ~ . .~ '; I for funds annually. Commissioner Goehrung arrived at 4: 11 p.m., indicating he will abstain from voting on this item since he has not been a part of the discussions. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the "structure, guidelines and objectives for the Beautification Commit- tee" dated July 9, 1990 with revisions to No. 1 under guidelines to remove "request $1,000.00 per fiscal, year" and replace with "request funds each fiscal year"; and revisions to No. 3 under guidelines to remove "city staffed urban planning assistant II and replace with "city staff person. II The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Commissioner Goehrung abstained. Responding to Ms. Meeks, the City Manager indicated that the other portion of the committee, which will consider the arts, will go through basically the same organizational process as the Beautification Committee has. The Commission then directed the Clerk to advertise for two to four additional mem- bers on the Beautification Committee. City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items. He noted that under this application, three deviations were requested and four were granted. He then expressed concern about the recommenda- tions for approval of these deviations, noting it is his understanding that they are to be granted based on uniqueness or topography. He suggested that the Commission should consider following the new zone code rather than granting deviations to it. Commissioner Goehrung noted that in the past, the Commission has allowed gravel parking lots if the adjacent street is gravel; however, a paved parking lot was required if the adjacent street was paved. ~ Planning Director Epple addressed the issue of curbing around parking lots, noting the pu rpose is two-fold. He noted that it protects the edge of the asphalt and keeps it from crumbl ing; ijnd it protects the landscaping around the parking lot. He noted that curbs also help to better control run-off from paved surfaces. The City Manager also questioned why the recommendations from the Design Review Board include approval of a deviation to allow an alternative to continuous curbing around the perimeter of the parking lot, subject to approval oJ the Planning Director rather than the Director of Public Service. Mr. Jerry Gaston, engineer representing the applicant, stated this application has 07-09-90 i ( ~ - 6 - ~~ -) .' .' been in process for sixty days; and they nee~ to get the issue resolved because of financ- ing. He stated the applicant is willing to pave the employee parking lot at the rear of the building within three years, noting that If the costs of other improvements to be Installed immediately is low enough, they will have the parking lot paved at this time. Mr. Gaston stated that this application is for re-use of an existing structure with an existing parking lot. He noted the parking lot is domed; and in th is situation, sheet run-off into the landscaped area provides a good method of drainage. He also noted it would be difficult to install curbing around the perimeter of the existing parking lot. He stated that a deviation was requested to the parking requirements because the business is basically one which involves supply and delivery; and walk-in business is very limited. I n response to a question from the City Manager, Mr. Gaston stated the increased landscaping is to be provided In the front yard. He indicated the expanse of asphalt parking area is large; and the applicant wishes to retain as much of that paving as possi- ble. Mr. Rich Tieman, President of J & H Office Equipment, stated his staff has coop- erated with the Planning staff and Design Review Board. He then requested that the Commission make a decision on this application so they can move forward with their plans as soon as possible. Responding to Commissioner Frost, Director of Public Service Forbes stated he needs to know if the parking lots are to be paved or left as gravel. He noted the zone code has required that curbing be provided around all paved parking lots except where it would conflict with snow removal operations. He then acknowledged that this is an appli- cation for re-use of an existing structure; and it would be difficult to add curb and gut- ter to an existing asphalt parking lot. He noted that sheet flow from the parking lot could be directed into detention ponds without much problem. Commissioner Frost noted that in their packets, the Commissioners received a memo from the Planning staff as well as a copy of the recommended conditions for approval. He noted the documents provide slightly different conditions for approval and asked which is the one the Commission should be following. The City Manager responded that the Commission is addressing the deviations, as set forth in the memo. Mayor Hawks stated the phi losophy followed in recommending approval of the de- viations is one of flexibility. He noted that re-use of existing structure shou Id be en- couraged; and often flexibility is necessary to allow for activity because of existing struc- tures and lot improvements. Planning Director Epple stated that the Development Review Board feels that alter- natives to the zone code should be pursued under certain extenuating circumstances. He 07-09-90 ~~" i r. . .- i.. - 7 - ...... )- then assured the Commission that in areas where engineering expertise is needed, he will seek the Director of Public Service's approval prior to his approving of an item. Commissioner Frost stated that he feels the staff report should contain an explana- tion of what the deviation is from and why, He noted that in this instance, the issue of the domed parking lot did not surface until this discussion; and it could have been ex- tremely helpful as a part of the report. The Commission' then reviewed the ten conditions recommended for approval of the minor site plan to determine how many would be impacted by approval of the deviations re- quested. The Planning Director stated that Condition Nos. 5 and 9 will be affected; the Commission concurred. Commissioner Goehrung highlighted the four deviations under consideration as fol- lows: (1) number of parking spaces required; (2) width of one-way drive access width; (3) paved parking lot requirement, which will be accomplished within three years; and (4) alternative to continuous curbing around parking lot. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the request for deviation from requirements of East Main Street Entryway Overlay District per Development Review Committee and Design Review Board recommendations for J & H Office Equipment, Inc., 203 Haggerty Lane, as follows: (1) from Section 18.50.120(F), allowing 26 parking spaces rather than the required 33 parking spaces; (2) from Section 18.50.110(B)(3)(a), allowing a 12-foot-wide one-way drive rather than the required 16-foot-wide one-way drive; (3) from Section 18.52.120(B)(6), allowing the additional parking lot to be paved within three years, rather than Immediately; and (4) from Section 18.50.120(B)(10), to allow use of an alternative to six-inch perimeter curbing along the existing parking lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following IlFor Your Informa- tionll items. (1) A draft request for proposal for a city-county solid waste management study, which will be revised as necessary prior to distribution. (2) Advertisement for vacancies on the newly restructured City-County Health Board. The City Manager noted that the County Commission has requested that the City Commission make appointments by the end of July; and this item will appear on the July 23 agenda. 07-09-90 ~ \ " \.. ~ - 9 - , .. (10) Commissioner Frost submitted the following. (1) Tuesday afternoon he at- ~ .- - - 8 - (3) Advertisement for applications for the newly created Design Review Board. (4) Advertisement for applications for the Recreation and Parks Advisory Board. (5) Summary of the fireworks complaints received by the Police Department dur- ing 1990 and 1989. (6) Letter from Shady B Farms, 5255 Jackson Creek Road, complaining about the drastic increase in landfill rates. (7) Notice of a meeting being held by the Department of Health and Environ- mental Sciences at 7:00 p.m. on Thursday, July 15, in Room 215 of the Bozeman Hotel, regarding formation of a citizens group for the Idaho Pole Superfund site. (8) The City Manager submitted his weekly report, as follows. (1) Extens ion of North 5th Avenue from Van's IGA to K-Mart will be started this week. (2) The children's summer reading program at the Library has over 700 participants, a dramatic increase from just over 500 in years past. (3) Swimming lessons have begun at the Bogert swimming pool; and the next session is nearly full. (4) The Recreation and Parks Advisory Board meetings have been moved to the second Tuesday of each month, to avoid the conflict they have had with the City-County Planning Board meetings. (5) Staff is continuing to work on an agreement with Three Rivers Disposal for their use of the City's landfill. (6) He swore in two new police officers this week. Those officers will be funded this year through the drug enforcement grant recently received from the State. The City may need to seek a different source of financing for those two positions if the grant is not available in future years. (7) Staff has spent a substantial amount of time preparing for the publ ic hearings this evening on street and tree maintenance districts. (8) Director of Public Service Forbes has reviewed the draft Hyalite Dam repayment documents and schedule and forwarded his comments to the DNRC. A meeting has been scheduled for next week re- garding this issue. (9) The monthly water bills for commercial accounts contain an error due to a problem incurred when revising the rates to reflect the new rates recently adopted by the Commission. The bills reflect a per-cubic-foot charge which is one-tenth the actual amount due to relocation of a decimal. He noted that those customers who have been undercharged by more than $50 will receive a letter and be given an opportunity to pay the additional cost over a two-month period. Those who have been undercharged by less than $50 will have the additional charge added to their next bill; and they will receive no notification other than what appears in the newspaper. (9) Commissioner Goehrung submitted the following. (1) He met with the Co- operative Extension Service this afternoon regarding recycling strategies and informational prog rams. (2) Distributed copies of an article entitled "An oil spill in your backyard?" indicating that nationwide, 60 percent of the used oi I is improperly disposed. He noted that is equivalent to five tankers spilling their cargo each year. 07-09-90 ~ ~ ... r. .. - 10 - ~ ", 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 Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Executive Session re litigation Mayor Hawks stated his intent to close the meeting, in accordance with Section 2-3-203(4), Montana Code Annotated, to discuss litigation involving the City versus Mark Story Construction. He made a determination that it would be detrimental to the City's position in this litigation process to make a disclosure at this time. Mayor Hawks closed the meeting at 5 :00 p.m., and requested that all persons ex- cept the Commissioners, City Manager, City Attorney and Clerk leave the room. Mayor Hawks closed the executive session and reconvened the open meeting at 5: 30 p.m. Recess - 5:30 p.m. Mayor Hawks declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for the purpOse of conducting the scheduled public hearings. Reconvene - 7:00 p.m. at Courthouse Mayor Hawks reconvened the meeting at 7:00 p.m. at the Courthouse for the pur- pose of conducting the scheduled public hearings. Public hearin istrict for all This was the time and place set for the public hearing on Commission Resolution No. 2795, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2795 A RESOLUTION OF THE .CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A CITY-WIDE MAINTENANCE DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S CORPORATE LIMITS, AND RESCINDING COMMISSION RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO.5; 1651, CREATING SPRINKLING DISTRICT NO.6; 1652, CREATING SPRINKLING DISTRICT NO. 7; 1653, CREATING SPRINKLING DISTRICT NO.8; AND 1654, CREATING SPRINKLING DISTRICT NO.9. Mayor Hawks opened the public hearing. 07-09-90 ~, \' ... .-- 1... - 11 - ~ City Manager Wysocki read into the record the following letters which have been received: letter from R. G. Simkins, dated July 9, suggesting that vacant lots be exempt- ed or given a reduced assessment rate; a letter dated June 4 from the Board of DirectorS of Chequamegon Village requesting exemption from the assessments, since that is a planned unit development in which they pay for maintenance of their own streets; a letter dated July 9, from Michael and Stephanie Becker, 902 South Willson Avenue, stating support for the proposed street maintenance district; a letter from Michael Miles, 822 South Willson Ave- nue, stating support for the proposed street maintenance district; and a letter from Elizabeth Frishman, 519 South Tracy Avenue, stating she would support a gas tax for street maintenance rather than the proposed street maintenance district. The City Manager then distributed to the Commission a listing of major maintenance items, totaling $529,000, for Fiscal Year 1990-91, if the creation of a city-wide street main- tenance district is approved. Director of Public Service Phi" Forbes presented the staff report. He stated that his department is charged with maintaining 11 0 miles of streets and alleys in the communi- ty. He stated that the department has been unable to keep up with the increases in mile- ages over the years; and an increase in funding for that activity is necessary. The Di rector stated his department has three major areas of concern: (1) major improvements, including chip sealing, overlaying, reconstruction of intersections, replace- ment of curbs and gutters, storm drainage replacement and new alignments; (2) services, such as sweeping, snow plowing and leaf removal; and (3) capital replacement, including primarily new and replacement vehicles. The Director stated that the alternative sources of revenues investigated by staff were a county-wide gas tax, which would require placement on the ballot by the County Commission; a local option gas tax, which would require legislative changes; and a street maintenance district. He noted that 1983 legislation allows municipalities to create street maintenance districts; and most of the larger cities in Montana have taken advantage of this legislation. He stated that the monies generated from assessments levied through this program must be utilized for street maintenance. The Director of Public Service briefly reviewed the four options for assessment, which include: square footage, front footage, taxable valuation or per-lot fee. He noted that no option is totally equitable; however, following extensive review, staff has suggest- ed that the square footage option is the most equitable. He noted that a cap of 1 i times the minimum lot size in each residential zoning district has been established; and this in- volves a very limited number of properties in the community. He indicated no cap has been placed on commercial properties, since it appears that use of the streets seems to be in direct relationship to the size of the property. He stated that the assessment rate has 07-09-90 ) . ", I , ... ~~ - 12 - , :", been set at .427 cents per square foot. Director of Public Service Forbes stated that virtually every lot, parcel and tract of land within the city limits has been included, whether it is located in a planned unit de- velopment, fronts on a City street or a State highway. He noted the rationale is that all persons within the city limits operate on the network of streets in the City. Responding to Commissioner Swanson, the Director stated that a cap of 25 percent has been placed on all public lands, which Includes areas such as Montana State Universi- ty, the hospital, City properties and the federal building. He reminded the Commission that many of these properties do not pay any property taxes; therefore, they provide no support for the general fund, which currently provides funding for street maintenance op- erations. Responding to Commissioner Frost, the Director stated that he has personally been involved in working on this method of financing for over a year. Commissioner Swanson noted that this Commission has, in principal, accepted the formula set forth in the intent to create the street maintenance district. He then asked if the prior Commission had given any indication of acceptance for the formula as well. The Director responded that the prior Commission had given its approval of the ba- sics of this proposal; and that is the basis on which it was developed. Mr. Walt Connell, 512 Fieldstone Drive, stated it is extremely commendable that the City and staff are trying to address the issue of financing the need for improvements to the infrastructure in the community . He stated, however, he feels there are a few issues which should be addressed before the Commission passes a resolution creating the proposed street maintenance district. Mr. Connell noted that he lives at the edge of the city, paying City taxes for the City1s infrastructure which are not paid by those living a short distance from him. He noted many people live outside the city limits and utilize the City services, but pay no ad- ditional taxes or fees to support those services. He stated that Montana has one of the highest tax rates in the United States; and alternative sources of funding for local gov- ernments must be found. He noted that under the present system, a substantial amount of development is taking place outside the city limits, to avoid the additional assessments. Mr. Connell acknowledged that repair and maintenance of streets is extremely im- portant. He suggested that an alternative method of funding be found, however. He suggested one alternative might be to seek a legislative change to provide for a sales tax, possibly including local option for additional sales taxes for specific projects such as street maintenance. Ms. Bernice Hayden, 1120 West Babcock, noted that in Chequamegon Village, the residents pay the usual and customary City taxes. She noted that in addition, they pay 07-09-90 \ . " , .. ~.. - 13 - '. an assessment to cover the costs of street and landscaping maintenance. She reminded the Commission that residents of this planned unit development are retirees on fixed incomes; and this additional assessment would be a hardship. Mr. Darrel Behrent, 208 Lindley Place, stated he concurs that something needs to be done about maintenance of the streets; however, he is not sure that this proposal is the best alternative. He then briefly highlighted the increases in taxes, assessments and user fees that he has personally incurred recently, including water and sewer, real estate re-evaluation, schools, landfill fees, and now the potential of street maintenance and tree maintenance assessments. Mr. Behrent stated that under this proposal, those who do not drive cars will be required to pay for the maintenance of the streets. He suggested that the assessment should be on the vehicles, which impact the streets, rather than on the abutting property, which does not. He also noted that approach would be more equitable, with those who can afford, and use, more cars paying more of the assessment. Mr. Behrent noted that as the City grows, the infrastructure becomes overloaded. He then suggested that a growth assessment, or plant investment fee, be charged to new developments, to help cover the costs which they create. Ms. Dorothy Boulton, 514 South Third Avenue, encouraged the Commission to create the street maintenance district. She noted that Bozeman is a beautiful place; and it is im- portant to maintain that beauty, which will in turn strengthen the economy, by maintaining assets such as the street system. She then thanked the Commission for the efforts they have made toward maintaining the community and encouraged them to continue doing so. Ms. Corinne Hart, 2200 West Dickerson Street, stated she recognizes that the streets must be maintained; however, she stated opposition to the proposed increase in taxes. She noted that she is retired and on a fixed income; and this increase, coupled with other increases, are difficult to afford. Mr. John Tyers, 314 West Villard Street, stated he also recognizes the need for im- provements to the City's road system. He noted that he has written several letters to the ~; , Commission recently asking why a user tax for vehicles is not implemented instead of the proposed street maintenance district. He suggested that an additional gas tax would be equitable, noting that the 11,000 university students would then share in the costs of maintaining the streets which they use extensively. Mr. Tyers stated that the street on which he lives is designated as a quiet residen- tial street; however, he noted that a car passes his house every three to five seconds. He once again encouraged the Commission to pursue a gas tax, through legislation if nec- essa ry. Ms. Marie Gambill, 512 North Bozeman Avenue, stated she owns some vacant lots, 07-09-90 --..-'-- .\ 'I " .\ ,~ . - 14 - .... . ", questioning how much her assessment would be for those lots. She noted that she has on- ly one car, which she does not use extensively; and she is on a fixed income. She also noted the increases in other taxes and assessments recently incurred. Mr. Gunnar Frievalds, 628 East Fridley Street, stated it is important to recognize that one must pay for what one wants. He noted that the legislature won't do anything for Bozeman in particular; therefore, the issue must be resolved locally. He noted that the Commission is attempting to address the problem in an equitable manner; however, he recognized there will be inequities in any solution. Mr. Frievalds noted he is a businessman; and he appreciates growth in the commu- nity. He noted that the community needs the growth, recognizing that costs are incurred as a result of that growth. He then encouraged the Commission to create the proposed street maintenance district, noting it is important to do so for the community. Ms. Lanette Walker, 314 North 17th Avenue, noted that in the list of proposed proj- ects for Fiscal Year 1991, streets in the northwest sector of the community wi II receive a substantial amount of attention. She noted that in her business, she utilizes the streets extensively. She noted that maintenance of the streets is necessary; however, she recog- nized the problems that those on fixed incomes could incur as a result of this proposed assessment. Ms. Walker noted that the water, sewer and streets in the area where she lives were installed through use of special improvement districts. She expressed concern about paying assessments for this program, with the possibility of a portion of those monies be- ing utilized to pave streets in the northeast sector, where they have not been subject to the SID assessments. She then encouraged the Commission to remember the taxes and as- sessments which residents are already paying when making their decision on this proposal. Ms. Velma McMeekin, 425 East Cottonwood Street, stated her residence is located in an M-1 zone; therefore, her property would not be subject to any type of cap on assess- ment. She stated that her calculations reveal that the assessment on her property would be approximately $85, while a lot in a residential zone may incur only a $50 assessment. She then encouraged the Commission to seek another way of funding street improvements. Mr. Tom Simkins, 1219 North Cedarview, expressed concern about adding another burden to the taxpayers of the community, who are already paying high taxes. He noted that people are relocating outside the city limits at the present time to avoid the high tax- es; and this may compound the problem. He also noted that under this proposal, indi- viduals with vacant lots would be penalized for owning those lots. Mr. Walter Martel, 1603 South Willson Avenue, noted that he owns a vacant lot in Graf1s First Subdivision, Second Filing, upon which he is currently paying a substantial amount of special improvement district assessments. He then noted that he was on the for- 07-09-90 -------------.---- - -- -~ - ~ - - --.-.. { :' -~ ! . . ..... - 15 - . , mer Commission, which Initially reviewed this proposal for creation of a street maintenance district; and he recognizes that deterioration of the streets must be addressed. He stated that the list of projects to be funded in Fiscal Year 1991 is only the tip of the iceberg; and annual assessments would allow for continuation of the effort to address problems which have been neglected for many years. Mr. Martel then stated he has serious reservations about the proposed program. He recognized the need for maintenance of the streets; however, he questioned the equity of the proposed assessments because it is not based on use of the streets. He suggested that a wheel tax would be fairer, placing the assessment on the user of the facility. Ms. Mary Vant Hulf, 416 East Story Street, noted that she served on the City Com- mission from 1982 to 1990. She noted that during her tenure on the Commission, she tes- tified at the State Legislature in support of local option taxes; and they did not pass. She also encouraged the County Commission to place a 2-cent-per-gallon gas tax on the ballot; but they were not receptive. She noted another source of income would be through the addition of a one-fourth percent taxon motor vehicle license fees; however. the County Commission also refuses to Implement that option. Ms. Vant Hull noted that the amount of the assessment is not real high; and it is actually less than if the streets are not maintained immediately. She stated that the aver- age residential assessment has been calculated at $45; however, she noted that on her 5600-square-foot lot, she will incur an assessment of $14 to $15 per year. She stated the repair and maintenance of the streets will decrease the repair bills on vehicles and help to keep the costs of delivery services down. Ms. Vant Hull noted that paving of streets under this program will also alleviate health problems, since dust in the air can be particularly hazardous to those with respi- ratory problems. She noted that dust is not limited to those areas with unpaved streets, but filters over the entire community. She then encouraged the Commission to create the proposed street maintenance district in view of the fact that other efforts have been un- successful. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce. noted that Bozeman has a healthy economy ,however, it is fragile. She stated the time is not right for implementation of additional taxes and encouraged the Commission to delay action on this proposal, noting that the assessment would be spread among the property owners rather than the users of the streets. She also expressed concern that no cap has been placed on commercial properties; and some businesses would be impacted by a $4300 to $7300 addition to their bills. Ms. Joyner then noted that In another state, she paid a payroll tax because she lived outside the city in which she worked. She suggested that such a funding mechanism 07-09-90 .1 ' , , ,- to,,. - 16 - '~, should possibly be considered. Mr. Ralph Johnson, 412 South 6th Avenue, stated support for the proposal as sub- mi tted . He stated he owns several properties in the city; and he does not find the proposed increase in taxes particularly offensive. He noted it is important to address the issue now, rather than postponing it. He then addressed the issue of property versus vehicles as a basis for assessment. He noted that this is a mobile society; therefore, he feels that the proposed method of assessment is sufficiently equitable. He stated that those living in Bozeman benefit from the facilities available; and the additional tax burden shou Id be accepted. Mr. Johnson suggested that for retirees on fixed incomes, a waiver or reduction in fees might be considered. The City Manager noted that as part of the street maintenance district process, the staff is required to develop a list of projects to be accomplished with the funding from the assessments. He noted this is an annual process, recognizing that all of the projects listed may not be accomplished in a given year. He then indicated he is encouraged by the number of people who have indicated an interest in users' fees, noting their support could be beneficial during a legislative session. Responding to Commissioner Frost, the City Manager indicated that the City cur- rently adjusts garbage assessments for those on fixed incomes who live alone in larger, owner-occupied homes. The City Manager then briefly highlighted the process for implementation of a 2- cent-per-gallon gas tax. He noted that the County Commission must place the issue on the ballot under current legislation; and the distribution formula under that legislation is a stumbling block. He suggested that to change the legislation to allow municipalities to place the issue on the ballot and a revision of the distribution formula are necessary be- fore the program can be actively considered. He then stated that at the present time, the City receives $314,000 in annual gas tax apportionment, which is down from the $320,000 which was received in 1984. He also noted that the tax freeze imposed in 1986 has added to the City's funding problems. The City Manager stated it is important for the City to proceed with some type of funding mechanism for major street improvements; and sug- gested that that if a local option gas tax becomes a reality in the future, those revenues could be utilized to offset the assessments charged under this program. Mayor Hawks assured the audience that the Commission has researched every possi- ble approach; and the fairest of those options are not legal. He then stated his personal commitment to pursuing a fairer option for funding of street improvements when that option becomes legal. He indicated that it is imperative that the City move forward with the pro- gram at this time to ensure that the integrity of the existing streets is protected. Mayor Hawks then suggested that if a gas tax is implemented, he would support the 07-09-90 -.------.-- .. : ,. .1 . . 'r '\.-" - 17 - )', idea of reducing property taxes before reducing the street maintenance district fee, since it is slightly broader based. Mr. Behrent stated it is important for the Commission to look at a combination of various sources of revenue, rather than seeking just one; and noted it is important for everyone to contribute. Mayor Hawks noted the issue of residential structures in the M-1 zone should be carefully reviewed before this item is finalized. Commissioner Frost ti'oted that it is apparent everyone agrees that street mainte- nance is needed; however, there have been diverse views on how that activity should be funded. He then stated it is extremely important that action be taken now; and user fees are not an option at this time. Mayor Hawks closed the public hearing. A decision will be forthcoming at the af- ternoon session of next week's meeting. Break - 8:23 to 8:30 p.m. Mayor Hawks declared a break from 8:23 p.m. to 8:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearin - Commission Resolution No. 2796 - intent to create a cit -wide tree mainte- nance district or t e ~urposeo panting and maintaining trees in al pu IC places, rights-of-way and par s This was the time and place set for the public hearing on 'Commission Resolution No. 2796, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2796 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A CITY-WIDE TREE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY AND PARKS. Mayor Hawks opened the public hearing. City Manager Wysocki read into the record the following letters which have been received: letter from R.G. Simkins, dated July 9, suggesting that vacant lots be exempt- ed or given a reduced assessment rate; a letter dated June 4 from the Board of Director of Chequamegon Vi lIage requesting exemption from the assessments, since that is a planned unit development in which they pay for maintenance of their own landscaped areas; a letter dated July 9, from Michael and Stephanie Becker, 902 South Willson Avenue. stating sup- port for the proposed tree maintenance district; a letter from Michael Miles, 822 South Willson Avenue, stating support for the proposed tree maintenance district; and a letter from Elizabeth Frishman, 519 South Tracy Avenue, stating support for the proposed tree maintenance district. 07-09-90 ,,' .- ~~ - ,-"'---- -...--.---- ; .' .,. . ~ ., 1" ... .. - 18 - "',"' , t Director of Public ServicePhil/Forbes stated that the trees which would be in- volved in this maintenance program include those which are located within the boulevard area between the curb and sidewalk, as well as in the City parks. He noted that the age and condition of the trees are the major driving forces behind the proposed creation of this district. He noted that the monies expended for maintenance of the existing trees and planting of new trees is not nearly adequate; and improvement of the trees in public places will definitely improve values within the city. The Director stated that the basis of assessment will be the same for this district as it is for the street maintenance district, being based on square footage. He noted the formula is set at .005-cent per square foot. He stated that under the proposed formulas, the typical annual assessment would be $45 for the street maintenance district and $5 to $6 for the tree maintenance district. The Director indicated that activities to be funded through this assessment include removal of old, dead trees; trimming and pruning of existing trees; and planting of new trees. City Manager Wysocki noted that the proposed .005-cent per square foot assessment will generate $71,000 annually. He proposed that $50,000 would be utilized for contracting the trimming of existing trees and removal of hazardous trees; and the remaining $21,000 would be utilized for purchase of supplies for the program as well as City staff removal of trees and planting of new trees where needed. He noted the most important element at the present time is to maintain the existing trees to ensure their health. Mr. Walt Connell, 512 Fieldstone Drive, stated he is glad to see the Commission is concerned about the trees. He then expressed concern about this proposed mechanism of funding, stating he feels that the general fund should be able to adequately support this fu nct ion. He stated that a city-wide assessment is preferable to requiring the property owner to be responsible maintaining items in the the public right-of-way abutting his prop- erty. He indicated, however, that there are other alternatives that should be pursued, such as "adopt a tree" or "adopt a park" programs. He stated that personally he would prefer to see the $71,000 collected utilized for a study of the City's sewer system rather than for maintenance of the trees. He noted that trees are beautiful; but they are not a part of the basic infrastructure of the community. Mr. Chris Boyd, 426 West Story Street, encouraged Mr. Connell to organize an "adopt a treell program, noting it would make a significant difference as well as create community involvement. He then stated that trees are beautiful--and basic to a com- munity. He noted that trees filter dust from the air, reduce the need for air condi- tioning, reduce the pavement temperature, provide wind breaks, and help with water re- tent ion. He also noted they increase property values, citing an article in the New Yorker 07-09-90 ,. ; - '"\ c '" . ~.' - 19 - ,; '~ which indicated that property values are increased 8 to 10 percent with the planting of trees and reduced 27 percent by the removal of trees. Mr. Boyd then briefly highlighted some of the history of tree ordinances in Bozeman, noting that in the 1920's, ordinances were adopted which required residents to pay for the planting and maintenance of trees in specified portions of the community. He also noted that the 1954 DeBoer master plan addressed the issue of inventorying community assets, including city parks and some of the amenities in those parks which no longer exist. He noted that society is becoming more enlightened; however, the parks are becom- ing less civilized. Mr. Boyd suggested that planting of trees be required at the time of development. He noted that the size of, the tree and the distance between trees cou Id be set forth in those requirements to ensure that they are satisfactory. Mr. Gunnar Frievalds, 628 East Fridley, owner of Cactus Records, stated support for the proposed tree maintenance district and accompanying assessment. He noted that trees are one of the most basic needs in Bozeman; and it is Important to maintain this ame- nity. He noted that current residents are enjoying the benefits of the forethought of for- mer residents; and the current residents should provide that same benefit for future gen- erations. He stated that trees within a community tend to attract people and, therefore, increase business. Mr. Frievalds noted that when U.S. West was considering Bozeman as a possible site for its headquarters, the residents and business owners cleaned up the community and we Icomed the vi si tors. He noted that trees, and their maintenance, are an important part of the city's beauty and attraction. He then encouraged the Commission to create the pro- posed tree maintenance district. Mr. Morris Jaffe, 1311 South Black Avenue, stated support for the proposed tree maintenance district, noting it will cost the average homeowner less than a cup of coffee per month. He noted that trees provide a more comfortable place for people to live and walk. He also noted that when walking the sidewalks in the early morning hours, he has found many low-hanging branches which need to be trimmed. He then encouraged the Commission to utilize the estimated $71,000 for tree maintenance. Mr. Don Bachman, 109 North Broadway Avenue, stated support for the proposed tree maintenance district. He also noted it is important for the Commission to adopt an urban forestry plan which specifies the types of trees which are allowed, or possibly not allowed, in specific areas such as near sidewalks or sewer lines. He stated such informa- tion is beneficial to property owners and can provide for systematic maintenance and re- placement of trees. Ms. Tutti Meeks, 418 North Wallace A venue, stated support for the proposed dis- 07-09-90 {.. "," l ' ;. , . . ... - 20 - . .~ trict, stating the proposed assessment is a small price to pay for healthy trees which ben- efit the entire community. Ms. Lanette Walker, 314 North 17th Avenue, questioned whether the proposed as- sessment rate will generate adequate revenues for the proposed tree trimming program. She stated appreciation for the trees in Bozeman, noting that they must be maintained to avoid potential safety problems. She then encouraged the Commission to take every step necessary to ensure that the assessment levied can be justified and will be appropriate. Ms. Marie Gambill, 512 North Bozeman Avenue, stated she enjoys trees; however, she does not want any more planted on or in front of her property. She then indicated she is not opposed to the proposed assessment for this program. Mr. Fred Shields, 503 North Bozeman Avenue, asked who will determine where trees are planted, noting a property owner may not like where a tree is to be planted on the public right-of-way in front of his property. He also asked who will be responsible when the roots infiltrate into the sewer line, noting tree roots are presently the number two prOblem in sewer lines. Mr. Dick Pohl, 422 South 6th Avenue , stated that trees are one of the major rea- sons he purchased the subject property, after living in a subdivision outside the city lim- its which did not have trees. He noted that previous testimony has included many of the benefits of trees, with which he concurs; however, an extremely important one is climate modification. He noted that trees can reduce energy consumption costs by 30 percent. He also noted that trees provide a continuous theme along a streetscape, even though the architecture may be dissimilar, citing the beauty of South Willson Avenue as a prime exam- ple. He stated that in one of his University classes a few years ago, an assessment of the trees along South Willson Avenue was made; and it was determined those trees are worth more than $300,000. Mr. Pohl stated that a quick review of the trees in the community revealed that probably 40 percent are In need of major pruning. He noted that the tree inventory, which is to be undertaken this month, will provide a more accurate assessment. He then stated support for the proposal and encouraged the Commission to create the tree mainte- nance district. Mr. Darrel Behrent, 208 Lindley Place, stated support for the proposed tree main- tenance district. He noted that he owns an old house with no insulation; however, there are large trees in the yard, and his heat bills are under $100. He also noted that trees increase the property value and make it a nice area in which to live. He then questioned whether $71,000 will be adequate to administer the program and undertake the maintenance of trees at an appropriate level. He encouraged the Commission to proceed with the pro- gram at the level which will accomplish what is needed. 07-09-90 -_.._---~ -- - .- --- - ~._--~-,- _J, eJ" ~ ~ '. ... .. ~. ' ...... - 21 - .. Ii ,~, ..'~ Mr. Ralph Johnson, 412 South 6th Avenue, stated he is strongly in favor of the proposed program. He noted his expertise is in urban design; and the comments submit- ted on the benefits of trees have been accurate. He then stated that discussions with people in the southwest part of the United States reveals that the proposed assessment fee is approximately one-half of that charged in communities in Arizona and California. He en- couraged the Commission to consider increasing the assessment level, given the testimony submitted during this hearing. He noted that a dominant characteristic of Bozeman is its landscape. Mr. Walt Connell reiterated that he feels it is better to create a city-wide assess- ment for tree maintenance rather than to have the adjacent property owner bear the costs. He stated, however, that he feels the general fund should be funding the tree mainte- nance. Ms. Mary Vant Hull, 416 East Story Street, stated support for the proposed tree maintenance district. Ms. Mildred Perkins, 315 North 21st Avenue, noted that trees may be planted in the public right-of-way in front of one's residence; however, she noted the property own- er cannot be compelled to water those trees. Commissioner Frost stated that trees are a basic part of the infrastructure of Bozeman. He then stated that trees make an area pedestrian friendly, noting that not as many people walk along streets such as North 7th Avenue or Main Street as do on tree- I ined streets. He noted that maintenance of the trees Is extremely important; however, it has not been done as extensively as It should have been over the years. Mayor Hawks closed the public hearing. A decision will be forthcoming at the af- ternoon session of next week's meeting. Adjournment - 9:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- journed. 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. 07-09-90 -_._-~ --