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HomeMy WebLinkAbout1990-08-06 ... ~'i. '( ~~ J , ..... i ... i MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 6, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 6, 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. None of the Commissioners requested that any of the Consent I tems be removed for discussion. Minutes - July 30, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of July 30, 1990 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Comm iss ioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Request for permission to address Commission re donation to Beautification Committee - Tutti Meeks, Chairman The City Manager stated that Tutti Meeks has requested permission to address the Commission. Ms. Tutti Meeks, Chairman of the Beautification Committee, stated that last week, she had the pleasure of endorsing a check in the amount of $3,000 from Patagonia Mail Or- der over to the City for beautification purposes. She stated appreciation for the donation, noting that the monies will be used to fund requests for monies to support beautification projects which meet the guidelines set forth by the Committee. Ms. Meeks then noted that Patagonia has made a substantial financial commitment to beautification efforts in Bozeman, as well as the State of Montana, donating $162,500 in 1989. She stated that Patagonia is also a great asset to the community, employing seventy people in a clean industry. Ms. Tutti Meeks then distributed to the Commission copies of the receipt for the $3,000 donation to the City. Ordinance No. 1315 - amendin the zonin desi nation from AS to RS-l on 79.2095 acres of C S No. 606, located in Section 24, T1S, R5 , MPM (west of Mcllhattan Road, south 0 Springhill Park Subdivision, east and north of Riverside) City Manager Wysocki presented Ordinance No. 1315, as approved by the City At- 08-06-90 :~i.i..'>';;~~'~lc~,':~_:__-'~ ". A':~ ~~I i 1 , . ; . ... '*' , - 2 - torney, entitled: ORDINANCE NO. 1315 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZON I NG DISTRICT DESIGNATION FROM AN "AS" (AGRICUL TURAL SUBURBAN) TO AN "RS-l" (RESIDENTIAL-- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON PROP- ERTY IDENTIFIED AS BEING APPROXIMATELY 79.2095 ACRES OF CERTIFI- CATE OF SURVEY NO. 606, LOCATED IN SECTION 24, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The City Manager reminded the Commission that this ordinance was provisionally adopted at the July 23 meeting. 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. 1315, amending the zoning designation from AS, Agricultural Suburban, to RS-l, Residential--Suburban Country Estates, One-Acre Mini- mum, on a portion of Certificate of Survey No. 606. 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. Ordinance No. 1316 - salary ordinance for Fiscal Year 1990-91 City Manager Wysocki presented Ordinance No. 1316, as approved by the City At- torney, entitled: ORDINANCE NO. 1316 ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commission that this ordinance was provisionally adopted at the July 23 meeting. He then 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. 1316, the salary ordinance for Fiscal Year 1990-91. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. City Manager Wysocki presented Commission Resolution No. 2782, as approved by the City Attorney, entitled: 08-06-90 .....7''\ -" " ,. , \ ".~ .. - 3 - COMMISSION RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING COMMISSION RESOLUTION NO. 2040, THEREBY ABOLISHING THE BOZEMAN SENIOR CITIZEN ADVISORY COUNCIL AND ES- TABLISHING IN ITS PLACE THE BOZEMAN SENIOR CITIZEN ADVISORY BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THERE- OF. The City Manager stated that Included in the Commissioners' packets were a memo from Assistant Brey dated July 27, 1990, a copy of the report previously submitted by the sub-committee, a copy of the revised Commission Resolution No. 2782 and a copy of the newly drafted by-laws. He then distributed to the Commission copies of a memo from Judy Morrill, Director of the Bozeman Senior Center, dated August 2, 1990, expressing concerns and reservations about the newly revised Resolution. Assistant to the City Manager Ron Brey briefly reminded the Commission of the his- tory of this issue. He noted that in December 1978, the Commission adopted Commission Resolution No. 2040, creating the Senior Citizen Advisory Council; and the seniors recent- ly disbanded that body. He stated that since that time, the Bozeman Senior Citizens So- cial Center, a non-profit corporation which operates programs out of the senior center building, has been responsible for overseeing the operations and management Of the bui Id- ing as well. He then noted that Commission Resolution No. 2040 contained three separate elements: creation of the board, the bylaws and specific operating policies for the center. He stated that under this proposed revision process, those three documents would be sep- arated and dealt with individually. The Assistant reminded the Commission that this Resolution came before the Commis- sion in its original form on March 19, 1990; and at that time, the Commission tabled action until after a sub-committee, which included Commissioner Knapp, had an opportunity to thoroughly review the issue. He noted that on June 18, the sub-committee submitted its report to the Commission; and it was referred to staff following Commission discussion. He stated that the revised Resolution has now been submitted to the Commission for consid- eration, based on the sub-committee's report. Assistant Brey stated that the by-laws for the Senior Citizen Advisory Board have been attached to the Resolution, as Exhibit A; however, the management agreement for the senior center will not be prepared until after the new Board has been appointed by the Commission. The Assistant stated that the proposed Senior Citizen Advisory Board would be a five-member board. He noted that the composition of that board wi /I be determined by the appointments made by the Commission. He stated that the Resolution does contain the re- quirement that all members be residents of the City, since the City's General Fund sup- ports the facility. He then highlighted changes from the recommendations forwarded by 08-06-90 ~ """ ,..':~ lilt'" -;; I' F , . ., , "~ .. f - 4 - the sub-committee. He noted that the staff member was initially charged with responsibil- ity for preparing the minutes for the Board meetings. He noted, however, that the staff member will often be involved in submitting reports to the Board; therefore, the new reso- lution contains the requirement that a recording secretary be provided from among the Board members. Commissioner Knapp responded to some of the points in the memo from Ms. Morrill, as just submitted. She stated that this item was placed on the agenda for discussion; no action is to be taken on the Resolution at this meeting. She then addressed the issue of rental charges, noting that in the Resolution, Section 4.B.l.d. states that the rental charges and fees are to be deposited with the City to be placed in the General Fund for operation of the Center lIunless otherwise specified in a management agreement approved by the City Commission for the operation of the Center. II She noted that this provides latitude in how those monies are utilized, allowing the option to follow the current system, under which the Center retains one-half of those fees. Commissioner Knapp stated that the composition of the Board could be negotiated. She suggested that it would be possible to revise the Resolution to allow one member to be a resident from outside the city limits, if the seniors feel strongly about this item. She stated, however, that the purpose of this entire revision process is to maintain City ac- countabi Iity for City-owned property. Mr. John Bauer, member of the Board of Directors for the Senior Center, stated that the existing senior center and its programs are the envy of other seniors in Montana as well as in other states. He noted that the program has been developed over the past twen ty yea rs by seniors, with the excellent cooperation of past City Commissions. He stated that now, the present Commission wishes to revise the five-member board which oversees the management and operation of the senior center to include three non-seniors. He stated it now appears the City feels that the seniors have limitations on their capabil- ities. Commissioner Knapp stated that the capabilities of the seniors are not being chal- lenged or questioned under the proposed revisions. She noted, a Iso, that the exact com- position of the five-member board has been eliminated, thus placing no restrictions on who the Commission might appoint. Commissioner Swanson asked if it would be preferable to have a board of all seniors to oversee operation and management of the senior center, as opposed to having a mix of generations. Ms. Judy Morrill responded that the program has been designed for seniors; and seniors know what they want and need. She also noted that they are the ones to do a majority of the work and enjoy the benefits of their involvement in the activities. She 08-06-90 ....\ " .:' \ ! ~ . - 5 - stated that the seniors in Bozeman have a wealth of talent; and she feels it is important to utilize that talent. She then indicated that the new board membership need not be exclu- sively seniors; however, she definitely feels that a majority of the members should be sen iors . Ms. Peg Hileman, past member of the Senior Board, questioned why the present system, which seems to work, needs to be replaced by the creation of another board. Commissioner Knapp responded that the new board, which will be responsible for the management and operation of the bui Iding, is to work closely with the existing board, which oversees the programs which are operated from within that structure. S he then read Item No. 5 from the sub-committee report, which states, "That the new board work out with the Bozeman Senior Social Center organization the division of responsibilities for current management of the faCility with as little disruption to programs and patrons as possible." She reiterated that City accountability, not any argument with current manage- ment of the center, is the reason for proposing this revision to the management structure. She further noted it is important that the issue be addressed since the board which was charged with overseeing operation and maintenance of the building and grounds has been dissolved. Mayor Hawks stated that the proposed resolution provides for a management agree- ment which sets forth the manner in which the building and grounds will operate. He not- ed that the resolution also places responsibility for the building and grounds where it le- gally belongs and prOVides the needed protection for the City. He then noted that he has not heard any critical comments about the basic programs which are offered through the senior center. Responding to Mr. Bauer, Commissioner Knapp briefly reviewed the process for ap- pointing members to boards and commissions. She noted this is the process that will be followed in appointing members to the Bozeman Senior Citizen Advisory Board, which will be created under this resolution. Ms. Morrill raised some remaining concerns. Commissioner Knapp suggested that they meet with Assistant Brey; and the three could then revise the language as needed to address the concerns of the seniors. Ms. Morri II agreed. Responding to questions about residency requirements, City Attorney Becker stated that this is an advisory board; and there are no statutory guidelines to conform to. He noted that the board will be dealing with City property for which operations and mainte- nance are funded through the City's General Fund. Commissioner Swanson read Item No. 6 from the sub-committee's report, which states, "That the City acknowledge the great and continuing contributions made to the center by the Social Center organization over the years and into the future." He assured 08-06-90 -- ----- "\ t " . L, . . '. ~ '1 - 6 - the seniors that the City Commission is cognizant of what they have done in the past and encourage them to continue with those efforts. Mayor Hawks noted that the present Commission is more fo rma I than past Com- missions; however, he indicated that the Commissioners would be willing to respond to in- vitations to the center. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Statistical information on residency of participants in the summer reading program at the Library. (2) Letter from Ms. Ingrid Christensen dated July 30, 1990, thanking the Com- mission for appointing her to the City-County Health Board. (3) Chairman's notes from the Pedestrian/Traffic Safety Committee meeting held on July 31, 1990. (4) Letter from Mel Hirsch, Vice President of the Bozeman Property Owners As- sociat ion, dated July 30, 1990, expressing opposition to the proposed sign ordinance as contained in the interim zoning ordinance. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 7, 1990 in the Commission Room. (6) Notice of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Thursday, August 9, at the Holiday Inn. (7) The City Manager submitted his weekly report, as follows. (1) Met with members of the UCT Board and Recreation Board last week regarding use of the Old Elks Club building. He noted that the alternatives being discussed and considered do not in- volve breaking of the current lease with UCT, but include participation in the costs of the util ities as well as a per-day use fee. He then highlighted some of the improvements that will be required in the structure, both immediately and over the next twelve months. (2) Spent considerable time reviewing the budget in preparation for tOday's work session as well as explaining various aspects of the budget to the media. (3) Staff is working on a fire protection agreement with property owners of that area outside the city limits between North Rouse Avenue and North 7th Avenue south of Griffin Drive, which includes the two bulk plants. (4) Met with Jim I sch from MSU regarding legislative concerns and other campus-related issues. (5) Attended the meeting with Mayor Kemmis from Missoula. (6) Staff is beginning to discuss the possibility of an auction this fall, to include some Valley Unit lots as well as others around the community because of del inquent assessments. (7) Water usage this past week was rather steady, running from 7.95 million gallons to 8.023 08-06-90 ;', ;, I i ~ , . . . ~ 1 . - 7 - million gallons per day. The City is still using 6 million gallons from Hyalite Reservoir on a daily basis. (8) Commissioner Swanson submitted the following report. (1) Attended the meeting with Mayor Kemmis on Wednesday. (2) Currently making final plans for the Soviet guests, who will be arriving tomorrow. (9) Commissioner Knapp submitted the following report. ( 1) Found meeting with Mayor Kemmis very helpful. (2) Attended luncheon meeting with the Minister of Municipal Affairs in Alberta on Friday; and found the experience rewarding. (10) Commissioner Goehrung stated he received information from the Environmental Quality Council submitting a staff person's analysis of the environmental requirements and for various types of activities, ranging from fall-out shelters to fuel storage. He indicated he will make that information available to anyone who is interested. (11) Commissioner Frost submitted the following report. (1) Met with representa- tives from the Recreation Board, the UCT Board and the City Manager. He noted one question raised during that meeting was ownership of the improvements that UCT has made to the building, suggesting that the agreement should be closely reviewed. (2) Attended the meeting with Mayor Kemmis on Wednesday. (3) Noted the street improvemen ts recently accomplished include extension of North 5th Avenue and overlaying of Durston from North 15th Avenue to North 19th Avenue, which would not have been possible if the street main- tenance district had not been created. He stated that the overlay project at North 19th A venue is very rough; however, that is to be corrected. He also noted the poor job of striping which the State did on Durston Road, at the City's expense. (4) Received a tele- phone call from a Valley Unit Subdivision resident questioning who is responsible for the weeds that have grown on the vacant lots. He noted those weeds are tall and dry, creat- ing a fire hazard. (5) Noted that the new houses in Valley Unit are installing sidewalks; however, the other 95 percent of the properties do not have sidewalks. He noted that the subdivision contains moderate housing; and many small children reside in that subdivision. (12) Mayor Hawks submitted the following report. (1) Gave welcome and mo- tivational appreciation speech at the Western Planners Association conference on Wednesday morning. (2) Attended the luncheon meeting on Friday with the Canadian visitors, noting a desire for a more extended meeting with the Minister. (3 ) Noted the many Sweet Pea activities and the Taste of Bozeman held last week. (13 ) City Attorney Becker announced that he forwarded the complaint against the State of Montana to the Clerk of Court in Helena; and it should be served on the Attorney General by mid-month. He anticipated the City should receive a response by mid- December. He noted that new information received just prior to filing of the complaint suggests that the comm iss ion / manager form of government may have been expressly 08-06-90 .....: i " , . , - 8 - excluded from the provisions of that particular section of the statutes on the basis that they already had the power to review and act upon subdivisions within the three-mile ju- risdictional area. (14 ) Commissioner Swanson requested a staff update on the request for installa- tion of a stop sign at South 7th Avenue and West Harrison Street. Mayor Hawks noted the Commission is anticipating a report on Perkins Place on Au- gust 20, suggesting that both reports be submitted on that date. (15 ) Mayor Hawks announced the following meetings: (1) Transportation Coor- dinating Committee meeting scheduled for 10:00 a.m. on Thursday, August 16 ; (2) sub-committee meeting on the Master Plan at 10:30 a.m. on Wednesday, August 8; and (3) reminder of I nteragency Breakfast at 7: 00 a. m. on Wednesday, August 8. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Easement and easement across in the Northeast Claims 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. B rea k - 4: 26 to 4: 31 p . m . Mayor Hawks declared a break from 4:26 p.m. to 4: 31 ' p. m . , in accordance with Commission policy established at their regular meeting of March 14, 1983. Work session - budget for Fiscal Year 1990-91 The City Manager reminded the Commission that they had completed the initial re- view of items contained in the recommended budget; however, they had raised some pos- sible additions to that budget. He further noted that the Commission must find the monies for those items if they are to be added, along with the $29,980 shortfall in the budget as presented. Commissioner Knapp suggested that the Commissioners review the summaries to de- termine where large increases have occurred, checking to see if any additional monies are available in those areas. 08-06-90 '"j. , . . '. - 9 - Commissioner Goehrung stated an interest in receiving an executive review of the proposed budget, including the costs of new programs proposed, additional costs for in- creased levels of existing services, and how much inflation has impacted the figures. He suggested this information could be helpful to the Commissioners when they are responding to questions from the pUblic. City Manager Wysocki suggested that to have the Commissioners indicate their philo- sophical positions might be helpful in this process. Commissioner Swanson noted that the mill levy has increased only 4.5 percent over the past four years; and that does not keep up with inflation. He then noted that all Commissioners on the present Commission have stated support for a street maintenance dis- trict. Mayor Hawks noted that comparisons between the proposed budget and the last few years' budgets is not necessarily accurate because of the changes which have been made recently in the budgeting process. The Mayor then stated he feels the street maintenance district assessments should provide the additional monies necessary to accomplish street improvements that are needed, thus freeing up monies in the General Fund for other items. He noted that it is important to address the street maintenance issues as quickly as possible; however, he reminded the Commission that there are other programs which are equally critical and cannot be forgot- ten to accomplish one item. Commissioner Swanson noted that the Commission has discussed the possibility of adding an enforcement officer as well as an urban designer position. He suggested that if the Commission philosophically answers in the affirmative, then they must find the funds to cover those positions. He further suggested that the Commission should not get lost in the numbers, but rather provide guidance to the City Manager for finding those monies. Commissioner Swanson then reminded the Commission that enforcement of existing ordinances is the Commission's top priority goal; and he feels it would be an injustice to not hire an enforcement officer to accomplish that goal. He further noted that he feels it necessary to hire an urban design planner to assist in implementing the new master plan and zone code. Commissioner Goehrung noted another possible addition to be addressed is whether an assistant to the City Attorney is desirable. Mayor Hawks stated support for hiring an enforcement officer and an urban design- er, noting they are essential for implementation of the new master plan and zone code. He noted that adding another position in the parks budget should also be discussed. He fur- ther noted it is imperative to fund the current shortfall, since presenting an unbalanced budget to the public is unacceptable. 08-06-90 - . '. . " . - 10 - Commissioner Swanson stated he feels the staff needs to know the Commission's pri- orities for funding. He noted that the staff should then assist the Commission in finding the monies to cover those priorities. Commissioner Frost stated Interest in reviewing the recycling program and the li- brary budget. Commissioner Goehrung stated he would support an enforcement officer over an ur- ban planner. He noted that the impact which the new plans will have on planning activ- ities has not yet been determined, or the attendant costs; and he feels those should be assessed before considering the urban design planner position. He also expressed concern that the boards created under the new documents may be difficult to fill with volunteers in the future, thus creating the possible need for implementing a stipend. Mayor Hawks stated the urban designer would do a lot of the legwork for the re- view boards, thus relieving those volunteer board members of some of their current com- mitments. The City Manager began review of the budget for the recycl ing operation, noting that the figures were prepared assuming that it would be in operation for twelve months. He also noted that staff has not received definitive direction from the Commission on what type of program they desire. Commissioner Frost stated his concern arose after reviewing statistics on the Seattle program, including (1) 24 percent of their waste was being recycled before the program started and (2) the City is still subsidizing the program $1 million plus a year after three years of operation. He expressed concern that the City of Bozeman cannot afford the start-up costs of a program that has not been "jump started, II given these statistics. Mr. Bob Fagliano, general manager of Waste Management, stated that members of the Lions Club have expressed concern to him that the City's recycling program could po- tentially put them out of the recycling business. He noted that the City is presently sub- sidizing the Lions Club newspaper recycling program and suggested that it continue to do so while implementing an education program with some of the monies budgeted. Mr. Fagliano then expressed concern about the recent increases in the different costs associated with various City services, including water and sewer rates, landfill rates, the new street and tree maintenance districts and the re-evaluation, which will im- pact the level of property taxes. Commissioner Goehrung stated he does not feel the City will be in a position to be- gin a recycling program until the rate structures have been revised to provide an incen- tive for recycl ing . He noted that the increase in landfill gate fees is the first step; however, the garbage collection fee structure must be revised so that those who recycle will recognize a defacto savings in collection costs. The Commissioner stated support for 08-06-90 , " . . . " : - 11 - slowing down the start-up process for recycling to allow all of the necessary incentives to be in place, noting he wants the program to be an effective one which lasts for a long time. Mayor Hawks suggested the Commission may wish to reconsider the tipping fees at the landfill, noting that the high fees may create a disincentive for keeping the community clean and may lead to garbage being dumped in the barrow pits. Commissioner Frost stated he took a load of wastes to the landfill; and the cost was approximately $7 instead of the $5 under the old system. He then noted that much of the waste at the landfill when he was there included large sheets of plywood and wood that could be utilized, as well as white goods and tires which require special handling. City Manager Wysocki suggested that the tire companies may find it in their best interests to combine efforts to utilize a tire shredder, thus decreasing their disposal costs substantially. Responding to the City Manager, Director of Public Service Phill Forbes stated that a two-week review of wastes taken to the landfill revealed that, excluding cardboard and newspapers, 6.5 percent of the materials were recyclable. He noted that figure does not include the composting materials, which are taken to a different area of the landfill. Commissioner Goehrung stated he feels City recycling activities should be limited to an education program at this time, while the composting efforts should be continued during this fiscal year. Mayor Hawks noted that staff time is a large part of the costs involved in the City's current composting program. He then suggested the possibility of creating drop-off areas closer to town, where people would be willing to bring their composting materials. The City Manager responded it may be difficult to find a place where residents will not complain about the compost pile. Responding to Commissioner Swanson, the City Manager indicated that the revised fee structure for garbage collection will be submitted to the Commission in September, for adoption so it can be utilized on the assessment bills which are mailed in October. Commissioner Frost asked how deleting most or all of the $110,000 budgeted for the recycling program will impact the new rate structure. The City Manager responded that the garbage collection fees must still be revised to coordinate with the new landfill gate fees that have been implemented. The Comm iss ioners further discussed the recycling program, concurring that an educational program should be actively pursued during the fiscal year; however, the City should not become involved in a curbside recycling program at this time. Mr. Fagliano stated that Waste Management is involved in the Seattle program. He offered to get their information brochures, as well as videos which they play on the local 08-06-90 . ,:' 4 . . - 12 - . television stations. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, questioned the need to spend $6,000 on salaries of City personnel to build wind fences at the landfl", rather than contracting for those services. The City Manager responded that project would be accomplished by seasonal help. He then stated that contracting the work out is not a viable option and is more costly than using City personnel. He further noted it is often difficult to find someone who will bid on the job. Responding to Ms. Joyner, Administrative Services Director Gamradt reviewed the 9-1-1 program and the funding therefor. He noted that since this is the first year the program has been utilized, the City will incur start-up costs. He further noted that the State has been collecting these monies over the past two years; and not all of those monies have been budgeted for this year so that there are adequate monies available to cover next year1s program, too. Mayor Hawks asked if the City can realistically anticipate collecting the $260,000 projected in City Court fines and forfeitures. Recess - 5:48 p.m. Mayor Hawks recessed the meeting at 5: 48 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearin - Commission Resolution No. 2806 - lev in and assessin assessments for the city-wide street maintenance istrlct This was the time and place set for the public hearing on Commission Resolution No. 2806, entitled: COMMISSION RESOLUTION NO. 2806 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Hawks opened the public hearing. City Manager Wysocki briefly highlighted the provisions of the resolution, noting it establishes an assessment fee of 4.27 cents per square foot. He further noted the reso- lution establishes a cap for residential lots at one and one-half times the minimum lot size 08-06-90 " . " , . . - 13 - for the zoning designation; establishes a cap at one and one-half times the minimum lot size for the R-2 district for non-conforming residences located in commercial and industrial zoning districts; and establishes a 25-percent cap on public lands and institutions prop- erties. Ms. Marianne Liebmann, owner of Langohr's Flowerland at 1100 South Tracy Ave- nue, protested the lack of a cap on commercial properties. She noted that the newspapers have indicated the average homeowner will pay $50 per year in the street maintenance as- sessments; however, her business will incur a $465 bill. She recognized that a business creates more traffic than an average residence; however, she stated she does not feel the business impacts the street nine times more. Ms. Liebmann then stated that she and her husband own two homes in town; and they have no problem paying the assessments on those properties. She also indicated a willingness to pay $100 to $200 per year in assessments for the business; but she does not feel the $465 assessment is fair. Mr. Joe McKay, 401 South Third Avenue, stated that all of the new assessments are wonderful for the City; however, he stated if the Commissioners approve this one, they will be inconsiderate of the people in Bozeman. He noted that many people cannot afford the additional assessment. City Manager Wysocki reminded the Commission that during the public hearing on creation of the district, most of the people recognized that the additional street mainte- nance was needed even though they did not agree with the vehicle for financing the asso- ciated costs. He noted that the staff and Commission are committed to changing the fund- ing mechanism as soon as an acceptable alternative is provided to local governments. Mayor Hawks noted that the Commission has wrestled with whether commercial prop- erties should be capped as well as residential properties. He stated that after due consid- eration, the Commission recognized that commercial properties create more impacts on the City's street system than residential properties do; and he feels the Commission has imple- mented an assessment system that is as fair as possible. Ms. Liebmann stated she does not believe her business creates such a substantially increased impact on the City streets that it warrants an assessment nine times as high as the average residence. Mayor Hawks closed the public hearing. Responding to Commissioner Goehrung, the City Manager indicated that staff will review concerns raised by property owners about the assessments levied against their properties. He also noted that any miscalculations will be adjusted prior to billing of these assessments in October. The City Manager then stated that in the resolution of intent to create the street 08-06-90 .-ii'c;,.---:' , ' Ii . . , ' - 14 - maintenance district, a cap of $610,000 in revenues was established. He stated that with the caps which have been established on residential and public lands and institutions properties, it appears that the assessments as set forth under this resolution will generate sl ightly over $400,000, which is less than was originally anticipated. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 2806, levying and assessing assess- ments for the City-wide street maintenance district. 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. Public hearin - Commission Resolution No. 2807 - lev assessments for t e cIty-wide tree maintenance istrlct This was the time and place set for the public hearing on Commission Resolution No. 2807, entitled: COMMISSION RESOLUTION NO. 2807 A RESOLUT ION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Hawks opened the public hearing. City Manager Wysocki briefly highlighted the provisions of this resolution, noting the assessment rate is $.005 per square foot. He further noted the resolution establishes a cap for residential lots at one and one-half times the minimum lot size for the zoning designation; establishes a cap at one and one-half times the minimum lot size for the R-2 district for non-conforming residences located in commercial and industrial zoning districts; and establ ishes a 25-percent cap on public lands and institutions properties. He then stated that total assessments under this resolution are projected at $71,000. Mr. Bob Fagliano, owner of a vacant lot at the corner of L Street and Pear Street, stated he resides outside city limits. He noted that the assessments on his vacant lot, which is approximately 3.5 acres in size, will be very high. He stated that at the present time, streets in that area are unpaved and there are no trees; although he will be required to pave some of the streets and plant trees when he develops the parcel. He stated that he feels these street and tree maintenance assessments are premature for that area of the community, which Is basically an undeveloped heavy industrial area. Ms. Marianne Liebmann, 1100 South Tracy Avenue, stated she feels a cap is needed on commercial properties as well as residential properties. Mayor Hawks closed the public hearing. Responding to Commissioner Swanson, the City Manager indicated that the amount of 08-06-90 -----....-.--- ,- j~ ;. . \ ' - 15 - projected revenues from this assessment will probably drop proportionately to those for the street maintenance district. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Commission Resolution No. 2807, levying and assessing assess- ments for the city-wide tree maintenance district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. - amendin the interim zonin ordinance, as ori - r inance Nos. 1308 and provisions This was the time and place set for the public hearing on Ordinance No. , as approved by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTAT- ED, AMENDING THE INTERIM ZONING ORDINANCE, AS ORIGINALL Y ADOPTED THROUGH ORDINANCE NO. 1303, AND AS AMENDED BY ORDI- NANCE NOS. 1308 AND 1314, BY EXTENDING THE EFFECTIVE DATE OF SAID PROVISIONS, AND TO REMAIN EFFECTIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF ONE (1) YEAR FROM THE EFFECT IVE DATE OF THIS ORDINANCE OR UNTIL THE ORDINANCE ADOPTING THE FINAL ZONE CODE BECOMES EFFECTIVE, WHICHEVER OC- CURS FIRST. Mayor Hawks opened the public hearing. The Mayor stated that approximately six months ago, the Commission adopted an in- terim zoning ordinance with the intent to modify and refine the document before final adoption. He noted that the technical process of revising the zone code has not yet been completed; therefore, this extension of the interim zoning ordinance is necessary. No one was present to speak in support of or in opposition to the ordinance. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission adopt Ordinance No. 1317, amending the interim zoning ordinance, as originally adopted through Ordinance No. 1303, and as amended by Ordinance Nos. 1308 and 1314, by extending the effective date of said provisions. 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. Break - 7:29 to 7:37 p.m. Mayor Hawks declared a break from 7:29 p.m. to 7: 37 p. m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. 08-06-90 ~:."""--------- -- -"" - ~ ..; ... i'~ .. .- , - 16 - Work session (continued) - budget for Fiscal Year 1990-91 The City Manager briefly highlighted the discussion on this item conducted during the afternoon session. The Commission then began review of each budget unit within the General Fund, as follows. City Commission. Mayor Hawks noted that one of the major costs involved in the "travel and schools" line item is attendance at the Montana League of Cities and Towns Convention. He suggested that, since the Convention is in Bozeman this year, the Com- mission could cut $1,000 from this line item. Following discussion, a majority of the Commissioners concurred with that sugges- tion, recognizing that active participation in testifying at the Legislature may cause this line item to be exceeded. The City Manager reminded the Commission that the Elections budget unit has been moved into this budget unit, falling under the "contracted services" line item. He noted that one election has been included in this line item, at an anticipated cost of $5,000. Clerk of Commission. No changes. City Manager. No changes. Director of Public Works. No changes. City Attorney. The Commission discussed the question of whether an Assistant City Attorney should be hired, in conjunction with the amount which has been budgeted under "contracted services" for a part-time prosecutor. Responding to Commissioner Swanson, the City Manager indicated that the part-time prosecutor has requested an increase from $40 to $45 per hour, which is the first increase requested in three years. He then stated he feels this is appropriate, noting the individ- ual is seasoned and has a very good track record on the charges he has prosecuted. Responding to another question from Commissioner Swanson, the City Manager stated that during the next twelve months, a full-time assistant would probably relieve City Attorney Becker of all prosecution duties, leaving his time free to respond quicker to requests submitted by the Commission as well as City staff members. He also noted the assistant would probably be charged with reviewing and revising the City's existing ordi- nances. Following discussion, the Commissioners indicated no support for hiring of a full- time assistant to the City Attorney. Financial Administration. Mayor Hawks raised a question about the light pen cash register contained in the "machinery and equipment" line item. Administrative Services Director Gamradt responded that the light pen cash register would be utilized for processing payments of the special improvement district assessments 08-06-90 -. /, .~ ... - 17 - which are mailed out semi-annually as wel I as the 5,200 water and sewer bi lis which are processed on a monthly basis. He stated that utilization of this piece of equipment, which would read a bar code on the statements, would reduce processing time as well as virtually eliminate errors in data entry. He noted that this would increase speed, efficiency and accuracy, thus freeing up staff time for other duties. Commissioner Frost expressed reservations about purchasing and using this type of equipment, noting his personal experience reveals that I ight pen cash registers are not particularly dependable. Engineering. No changes. City Court. Administrative Services Director Gamradt stated that purchase of a personal computer, printer and software should dramatically reduce the workload in this a rea. He noted at the present time, one employee consistently has twenty to thirty hours of overtime each month; and the personal computer should nearly eliminate that overtime. Pol ice. Responding to Mayor Hawks, the City Manager stated that the amount bud- geted under "travel and schools" has been increased to cover the costs of training three new pol ice officers. Responding to Commissioners. questions, the City Manager indicated he will review \ the increase in "salaries, wages and benefits" to determine whether that amount can be de- creased. Fire. Commissioner Goehrung asked if the $63,900 budgeted for water for the fire hydrants could be reduced, since that was a mandate established by the Publ ic Service Commission. The City Manager responded that this charge is based on the overall cost for fire protection for the community. He then stated that this charge allows for the General Fund to contribute to the costs of providing water for the fire protection activities. Building Inspection. The City Manager stated that if the Commission decides to add an enforcement officer, approximately .3 or .4 FTE of the projected $21,000 salary costs will be budgeted under this budget unit. Streets. Administrative Services Director Gamradt stated that when spending mon- ies from various sources for one activity, it is best to spend restricted monies, then unre- stricted monies. He stated that In this instance, the Gas Tax monies will be utilized first, then street maintenance district assessment monies, and finally this budget unit. He then referred the Commissioners to the summary contained in the letter of transmittal, noting that it combines the revenues and expenditures of all three of those sources for the street maintenance activities. Mayor Hawks suggested that this budget unit be decreased to meet some of the shortages. He recognized that it is important to maintain an increased amount for street 08-06-90 ------------ -- ~ ,/'" '~ < . . ,< - 18 - , . maintenance; however, he feels that the proposed figure can be decreased without having a detrimental impact on the program. Commission Swanson raised the possibility of using some of the projected undes- ignated reserve, which is $594,961. He then asked how those monies could legitimately be used and what parameters should be followed when determining the appropriate level of the reserve. The Administrative Services Director stated it would be acceptable to use undes- ignated reserve mon ies for one-time capita I items, such as the $50,000 to $80,000 which has already been committed for updating of the transportation plan. He then stated that the projected undesignated reserve represents 14 percent of the General Fund budget, which he feels is an acceptable and appropriate figure. The City Manager reminded the Commission that the undesignated reserve provides the cash flow for City activities for the period July through November, since tax col- lections are not received until December. He noted that another item not included in the budget is removal of the underground tanks at the City Shops, at an estimated General Fund share of $12,500; and that would also be appropriately funded from the undesignated reserve. He stated that this project must be completed by the end of the calendar year in compliance with federal regulations. Mayor Hawks noted that discussions with the auditing team have revealed that the ideal undesignated reserve level is 20 percent, that the lowest acceptable level is 10 per- cent, and that a comfortable level is 15 percent. Commissioner Goehrung stated he considers the undesignated reserve as the City's savings. He stated that to utilize those monies to balance the City's budget would be con- sidered "raiding the piggy bank. II He noted that is too much like federal spending prac- tices and is totally unacceptable at the city level. Administrative Services Director Gamradt noted that unanticipated changes in reve- nue sources, particularly elimination of revenue sources by legislative actions at the state and federal levels, are difficult to absorb if a community does not have a reserve level ad- equate to cover those shortfalls for a year or two. The City Manager indicated he feels a $600,000 undesignated reserve level is com- fortable. He noted that this year was the first time that level was reached; and it has already fallen below that level. The Commissioners then concurred that no additional monies will be taken from the undesignated reserve to balance the budget for this fiscal year unless the items to be funded are one-time capital items. Break - 8:44 to 8:51 p.m. Mayor Hawks declared a break from 8:44 p.m. to 8:51 p.m., in accordance with 08-06-90 . .... . . t' ,. - 19 - Commission policy established at their regular meeting of March 14, 1983. Work session (continued) - budget for Fiscal Year 1990-91 Streets (continued). City Manager Wysocki suggested the following changes could be made in this budget unit: transfer $3,000 in salaries to the street maintenance dis- trict, leaving only administrative and traffic technician's salaries in this budget unit; transfer $6,000 in operating supplies to the street maintenance district; transfer $3,000 in gas and oil to the street maintenance district, and transfer $36,200 to the street mainte- nance district, for a total reduction in this budget unit of $48,200. Administrative Services Director Gamradt reminded the Commission that the amount of revenues to be generated by the street maintenance district is less than was originally projected. Following discussion, the Commissioners concurred in the cuts in this budget unit as proposed by the City Manager. They further recognized that any reductions in reve- nues will also reduce the amount of improvements that can be made during this fiscal year. Commissioner Swanson noted that Commission discussions have raised the public's expectations concerning snow removal during the winter season. He then expressed a de- sire to retain the monies necessary to ensure that those expectations are met. Commissioner Knapp stated she feels that the funding being provided for street maintenance activities under this budget, with these proposed cuts, reflects a fair mix of available options. City Hall Complex. The Mayor asked if there is any Commissioner interest in up- grading the Commission Room at this time. The Commissioners concurred that the monies could be better spent elsewhere at this time. Shop Complex. The City Manager reminded the Commission of the $12,500 which must be added to this budget unit and covered by undesignated reserves to cover the General Fund's portion of the costs for removal of the underground tanks. Commissioner Goehrung stated that he has received information on potential grants for solid waste reduction and disposal of hazardous wastes, which require a 5-percent match by the City. He suggested it might be possible to obtain an oil burner for the City Shop Complex, if the grant monies can be utilized for that type of program and capital ac- quisition. Carnegie Building. No changes. Recreation Administration. Commissioner Swanson suggested that the Commission increase the amount budgeted for assisting the Nordic Ski Club in its activities in Lindley Park from $500 to $1,000. He noted that the costs for the cross-country ski program are approximately $5,000 per year; and he feels it would be appropriate for the City to partic- 08-06-90 -- . - t. . , - - . . . . - 20 - . ipate to a greater extent than it is because more people are becoming involved in that pro- gram. Responding to a question from Mayor Hawks, the City Manager indicated that the Nordic Ski Club realizes approximately $1,500 from the sale of buttons for their cross- country ski program. Commissioner Frost stated he would like to see the ski club become more aggressive in its fund raising efforts. rather than provide more City funding at this time. Mayor Hawks suggested considering a matching program, to a maximum of $1,000. Following discussion, in which the Commissioners noted that the program involves a small percentage of the residents in the community, a majority of the Commission concurred that the funding level for the cross-country ski program should remain at $500. Swim Center. Responding to Commissioner Frost, the City Manager stated that the pool blanket will pay for itself in approximately four years and should last seven years. He noted that the blanket helps to reduce the humidity in the building, thus slowing de- terioration of the structure. Bogert Pool. No changes. Band. No changes. Senior Citizens Center. No changes. Parks and Playgrounds. Mayor Hawks asked how personnel are split between the parks and cemetery, as well as how many of the FTE's are full-time people. He then stat- ed that the parks are currently not being maintained at the level which the Commission and the pUblic expect. He noted that a review of the staffing levels reveals that this budget includes 10 FTE's, while the budget ten years ago contained 7 to 9 people in the cemetery, two of whom were full-time, and 6 to 7 permanent ful I-time employees in the parks. He stated that at that time, one employee was assigned to each of the City parks; and two mowers were rotated among those parks, completing the cycle in four and one-half days, with one-half day for maintenance. He stated that Kagy Boulevard and Jarrett Park did not exist at that time; however, there was a substantial amount of construction taking place. The Mayor suggested that with almost the same staffing level projected as in place ten years ago, park service should remain comparable to ten years ago, when it was considered excellent; and that could assist the Commission in meeting one of its top goals. Commissioner Frost stated that during the year he served on the Recreation Adviso- ry Board, the Board worked with Park Superintendent McNeil in scheduling of maintenance and use of the parks; and it seems that maintenance has improved through that process. He further noted that last year, 1.5 FTE were added; and this year 1.0 more have been added to the parks and cemetery. He suggested that the staffing level is probably adequate now, noting that some changes in maintenance should become visible after this 08-06-90 . ,.:.:' " "~'~':" .,". It.. . . I .'. . - 21 - . , latest increase. The City Manager stated that $35,000 has been budgeted under "machinery and equipment" for reroofing of the Bogert Park pavilion. He noted that the roof does need replacing, and it is important to maintain City properties; however, he suggested that this project could be slid to next fiscal year without damaging the structure. Cemetery. Commissioner Frost questioned why this budget unit does not pay for itsel f. Library. Commissioner Frost stated it is imperative that more County monies be contributed to the operation of the library. He suggested that if the County Commission will not increase its tax levy for this purpose , then the City should possibly consider implementath:m of a user fee for County residents. Commissioner Knapp responded that the Library Board of Trustees has considered that option at various times, but has determined that to implement a user fee could keep those who need library services most from using the library. She noted that for the past ten years, she has used various approaches to get the County Commission to increase its funding level, to no avail. She then noted that the contract with the County indicates that the Bozeman library will provide services to all County residents not living within one of the five cities which have public libraries which the County helps to support. S he then noted that the City contributes $250,000 to operation of the library, while the County only contributes $41,000 on an annual basis. City Manager Wysocki reminded the Commission of the $129,000 in debt retirement which the City provides annually in addition to the operations budget. Commissioner Frost stated he does not advocate that the County cover 40 to 45 per- cent of the expenditures, which is the prorata portion of County residents that use the library; however, he does feel that the County should contribute more than one-sixth of the costs when it contributes one-half of the costs for the other libraries in the County. The Commissioners expressed an interest in arriving at a more equitable funding mechanism for this budget unit. Snow Removal. Mayor Hawks expressed concern that the expenditures for this ac- tivity are projected at $14,000, while anticipated revenues are only $1,500. He noted that four years ago, it was estimated that a City sidewalk snow removal program could be im- plemented for approximately $30,000. He then suggested it may be beneficial to incorpo- rate such a program, rather than continuing to enforce a negative program. The City Manager noted that when this program was first implemented, the City staff strictly enforced the ordinance, and the sidewalks were kept clean. He noted the Commission then directed the staff to relax its enforcements, and the sidewalks have not been so clean. 08-06-90 . "i.,. " ,.". . \,,, . "'i . "c., - 22 - .- . Following discussion, the Commission left this budget unit as submitted. Zoning and Community Development. Administrative Services Director Gamradt stat- ed the remaining .6 to .7 FTE for the zoning enforcement officer would be included in this budget unit. He noted that the urban designer would be included under the planning budget if the Commission decides to add that position; therefore, it will have no impact on the General Fund. The City Manager stated that the parks, open space and trails plan was scheduled for completion during this fiscal year. He stated that $5,000 is included in the Plann ing budget; and the other $5,000 was to have been included under Recreation Administration but was inadvertently omitted. Mayor Hawks noted that no decision has yet been made on whether the urban de- signer position should be a consultant or a full-time employee. The City Manager suggested that the Commission end this budget session, recogniz- ing that another $47,700 must still be found to balance the budget. Adjournment - 10:20 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. 08-06-90