CITY OF HELENA. City Commission Meeting. August 22, :00 PM. Commission Chambers, Room 330

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1 CITY OF HELENA City Commission Meeting August 22, :00 PM Commission Chambers, Room 330 Print 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Minutes A. Regular City Commission Meeting - August 8, Board Appointments A. Civil Service Commission 5. Consent Agenda A. Claims B. A resolution authorizing the donation of twenty-five (25) bicycles to the Helena Kiwanis Club and the donation of three (3) bicycles to the Montana Department of Transportation to assist in a DUI program C. Bid rejection for one (1) new 2011/2012 truck chassis with one (1) new 6-cubic yard hot asphalt body for the Street Division D. Acceptance of the July pledged collateral report 6. Communication/Proposals from Commissioners 7. Report of the City Attorney 8. Report of the City Manager 9. Communications from the Helena Citizens Council 10. Regular Items A. Consider a resolution for the Annual Tax Levy for Fiscal Year Public Hearing A. Consider a resolution levying an assessment for the Business Improvement District (BID) for fiscal year 2012 B. Consider a resolution approving the proposed work plan and budget of the Business Improvement District (BID) for fiscal year 2012 C. Consider resolutions levying and assessing annual charges on the following districts: Open Space District Maintenance, Sidewalk Improvement Program, Special Improvement Districts (SIDs), Storm Water Utility, Street Lighting Districts D. Consider a resolution increasing charges and fees for collection and disposal of residential garbage and refuse in the Page 1 of 98

2 City of Helena, Montana, for fiscal year 2012 E. Consider a resolution specifying the assessment method, amending the boundaries and levying and assessing the annual charge for Street Maintenance District #1 for fiscal year 2012 F. Consider a resolution expanding the Tourism Business Improvement District (TBID) G. Consider a resolution levying an assessment for the Tourism Business Improvement District (TBID) for fiscal year 2012 H. Consider a resolution approving the proposed work plan and budget of the Tourism Business Improvement District (TBID) for fiscal year 2012 I. Consider a resolution setting wastewater charges for all customers J. Consider a resolution increasing wastewater rates up to 4.5% for all customers K. Consider a resolution setting water charges for all customers L. Consider a resolution increasing water rates up to 1.5% for all customers 12. Public Communications 13. Meetings of Interest 14. Adjournment It is the policy of the City Commission to take public comment on any action item. For further information on any of the items mentioned above, please contact the City Clerk's Office at or dhavens@ci.helena.mt.us. ANNOUNCEMENTS Administrative Meeting - September 7, :00 p.m. - City/County Building, Room 326 Regular Commission Meeting - September 12, :00 p.m. - City/County Building, Commission Chambers Upon reasonable notice, the City of Helena will provide assistance for those persons with sensory impairments.for further information please contact the City Clerk at or TDD Relay Service Page 2 of 98

3 August 11, 2011 TO: FROM: SUBJECT: City Commissioners Mayor Smith Board Appointment I am recommending the following board appointment: Civil Service Commission Appointment of Sandy Oitzinger to the Civil Service Commission. First term will begin upon appointment and expire May 1, Page 3 of 98

4 August 12, 2011 TO: Ron Alles, City Manager FROM: Amanda Wick, Accounting Technician II SUBJECT: Claims Paid The Expenditure Approval Lists for 08/04/2011 through 08/12/2011 have been approved for claims in the amount of $739, Checks numbered have been issued for payment. City of Helena, Montana Page 4 of 98

5 Print August 4, 2011 To: From: Subject: Present Situation: Proposal/Objective: Advantage: Ron Alles, City Manager Troy McGee, Chief of Police A resolution authorizing the donation of twenty-five (25) bicycles to the Helena Kiwanis Club and the donation of three (3) bicycles to the Montana Department of Transportation to assist in a DUI program Excessive number of unclaimed/abandoned bikes at the impound lot that results in overcrowding of evidence items. Donate 25 bicycles to the Helena Kiwanis Club and 3 bicycles to the Montana Department of Transportation to assist in a DUI program. Provide bicycles to the Helena Kiwanis Club and MDOT which will free up space in the overcrowded impound yard. It will provide a valuable service to the community and transportation for needy or underprivileged adults, teens, small children, and toddlers. It will also help assist the Department of Transportation with a DUI program. Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: N/A Bikes could probably be sold at auctions, but the revenue would be minimal and we wouldn't be able to carry on the tradition of donations to local civic groups and various Helena organizations. N/A Move to approve a resolution declaring 28 impounded bicycles to be abandoned and unclaimed and eligible for disposition by the City Manager. ATTACHMENTS: Resolution for Bikes List of Bikes for Kiwanis City of Helena, Montana Page 5 of 98

6 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY TO BE ABANDONED AND UNCLAIMED WHEREAS, the Helena City Police Department is holding 28 bicycles which have been abandoned by the owners and have remained unclaimed for a period in excess of six (6) months as provided by Section of the Helena City Code; and WHEREAS, the cost of selling the bicycles pursuant to a publicly advertised auction would exceed their value; and WHEREAS, said property may be put to good use elsewhere and the City desires to encourage the full use of said property. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. The Helena City Commission hereby declares the bicycles mentioned above, which are described on Exhibit "A" attached hereto, to be unclaimed property and eligible for disposition by the City Manager. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22 nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION Page 6 of 98

7 MEMO To: Chief Troy McGee From: Anne Jacobson, Evidence Technician Date: August 2, 2011 Re: Bikes for Helena Kiwanis Club Attached is a list of bicycles that can be donated to the Helena Kiwanis Club, per their letter of request dated June 22, 2011 (copy attached). Would you please present this to the City Commission to have the bikes declared abandoned property? Once they are declared abandoned I will contact Jim Christnacht,, the contact person with the Helena Kiwanis Club, and make arrangements for him to come pick up the bikes. bike incident number serial # 1. Schwinn Varsity HP EQ Mundo HP N Roadmaster MT Fury HP SNFSD04C Roadmaster MT Fury HP F Huffy Alumina 8500 HP Magna Greatdivide HP TD Next Tiara HP LBH2452G 8. Haro Sutra HP SDJ9G Magna Excitor HP SLO Ozark HP Next Surge HP Huffy Rockit HP NE Mongoose Outer Limit HP SNF8D07HK Tony Hawk Frisco HP d Next Power Climber HP Next Glamour Girl HP Huffy Stone Mountain HP K Dyno D500 HP WHR9K Mongoose XR75 HP SNFSD06F Talera GT HP SY4C Next Wipeout HP Schwinn GS HP M6DG Magna Mtn Tamer HP L Roadmaster Mt Fury HP S2C Schwinn Impact HP GN Page 7 of 98

8 The State Highway Traffic Safety Bureau, through the DOT requested three bikes for their program. 1. Roadmaster Mts Sport HP SNFSD8HC Mongoose X-Com HP SNFSD0BC Magna Great Divide HP TD Page 8 of 98

9 Print August 10, 2011 To: From: Subject: Present Situation: Proposal/Objective: Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: Ronald J Alles, City Manager Ed Robinson, Fleet Manager John Rundquist, Public Works Director Bid rejection for one (1) new 2011/2012 truck chassis with one (1) new 6-cubic yard hot asphalt body for the Street Division Bids were recieved for one (1) new 2011/2012 truck chassis with one (1) new 6-yard hot asphalt body to replace unit #315 a 1992 GMC Kodiak patch truck. This is a scheduled replacement. The bids received were much higher than expected. Staff recommends rejecting all bids, rewriting the bid specifications and rebidding this unit. Rebidding this unit with a revised bid specification could provide for more competition and a more affordable vehicle that will still meet the needs of the Street Division. N/A None noted. N/A Move to reject all bids and rebid this unit. ATTACHMENTS: No Attachments Available City of Helena, Montana Page 9 of 98

10 Print August 1, 2011 To: From: Subject: Present Situation: Ron Alles, City Manager Glenn Jorgenson, Controller Tim Magee, Administrative Services Director Acceptance of the July pledged collateral report , MCA requires the City Commission to approve securities pledged for City deposits by financial institutions. The City has collateral in place to cover certificate of deposits purchased from 1st Interstate Bank. The Federal Reserve Bank holds the pledged collateral. Amounts held for deposits at U.S. Bank in prior months were released as our checking account is 100% covered by FDIC insurance through Proposal/Objective: Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Present the July 2011 pledged collateral report to the City Commission for acceptance. Comply with State law. N/A N/A N/A Recommended Motion: Move approval to accept the pledged colalteral report for July ATTACHMENTS: July Report City of Helena, Montana Page 10 of 98

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12 Print August 4, 2011 To: From: Ron Alles, City Manager Tim Magee, Administrative Services Director Subject: Consider a resolution for the Annual Tax Levy for Fiscal Year 2012 Present Situation: As required by MCA the City held a public hearing before passing a resolution to Budget Additional Property Tax Revenue. (July 11, 2011) The City Commission adopted a resolution to budget additional property tax revenue after the public hearing. (July 11, 2011) The City Commission adopted the final budget. (July 11, 2011) MCA requires the City to fix the tax levy by the later of the 2nd Monday in August or within 45 calendar days after receiving certified taxable values. Certified taxable values were received August 1, The tax levy deadline is September 15, Newly taxable property growth was 6.25% last year and is 2.11% this year, or $1,220,499 of the $59,139,288 certified taxable value. Under MCA , Group Health Insurance tax levies may include anual increases for insurance premiums. However, that tax increase must be levied or the authoirty to levy in future years is lost. The City has annually levied for Group Health Insurance, including annual premium increases. The Fiscal Year 2011 budget provides for $1,199,874, or mills, to be levied for group health insurance premiums in 2011 for FY 2012, which includes $106,553 for a premium increase as allowed under MCA The Fiscal Year (FY) 2012 budget provides for the full authorized tax levy to be levied. Proposal/Objective: Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: Adopt the Annual Mill Levy Resolution as provided in , MCA. Set the mill levy as required by law. N/A None N/A Move approval of the annual mill levy resolution. ATTACHMENTS: Resolution City of Helena, Montana Page 12 of 98

13 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION PROVIDING FOR THE ANNUAL TAX LEVY IN MILLS FOR FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 WHEREAS, , MCA, requires the City Commission to fix the tax levy by the later of the 2 nd Monday in August or within 45 calendar days after receiving certified taxable values; and WHEREAS, , MCA, requires the City Commission to fix its tax levy in mills and tenths and hundredths of mills; and WHEREAS, as required by (2), MCA, the City did advertise and hold the public hearing for the purpose of receiving comments on its intention to budget increased property tax revenue, and did pass a resolution to budget additional property tax revenue; and WHEREAS, , MCA, provides that the City Commission may: impose a mill levy sufficient to generate the amount of property taxes actually assessed in the prior year on previously existing property plus one-half of the average rate of inflation for the prior 3 years; carry forward the authority to impose the authorized levy; levy for any decrease in State reimbursements; and apply the levy plus any additional levies authorized by the voters to all property in the governmental unit including newly taxable property; and WHEREAS, the Fiscal Year (FY) 2012 budget provides for the City to levy all of its authorized tax levy under , MCA; and WHEREAS, , MCA, provides authority to increase the City s property tax levy to cover the current year increase in group health insurance premiums, and this authority is not subject to the mill levy limitation imposed by , MCA; and WHEREAS, the Fiscal Year 2012 budget provides for $1,199,874, or mills, to be levied for group health insurance premiums in 2011 for FY 2012, including a premium increase of $106,553, as allowed under , MCA. Page 13 of 98

14 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Resol. # NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. - Tax Levy Required and Set As required by , MCA, the City Commission hereby sets the 2011 tax levy for Fiscal Year 2012 in mills and tenths and hundredths of mills as follows: Group Health Insurance mills ( , MCA) General Obligation Debt ( , MCA) 2009 GO Refunding 5.75 mills 2008 GO Parks & Rec mills Limited General Levy mills ( , MCA) Total All Levies mills In mill levy equivalents, the Fiscal Year 2012 Budget allocates this Limited General Levy as follows: General Purpose Levy mills Planning Levy 8.54 Comprehensive Insurance Levy 7.35 PERS Levy 4.27 Police Retirement Levy 7.17 Fire Retirement Levy 5.64 Total Limited General Levy mills Section 2. Mill Levy Authority to be Carried Forward The 2011 Tax Levy for Fiscal Year 2012 does not have any amounts, or mills, which are less than the maximum tax levy authorized under , MCA. In accordance with (1b), MCA, the full-authorized tax levy has been levied. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 2 Page 14 of 98

15 Print August 11, 2011 To: From: Subject: Present Situation: Proposal/Objective: Ron Alles, City Manager Robert Ricker, Budget Manager Tim Magee, Administrative Services Director Consider a resolution levying an assessment for the Business Improvement District (BID) for fiscal year 2012 On August 9, 2010, the City Commission adopted a Resolution creating the BID for a period of ten years pursuant to , MCA. State law ( ) requires the BID to submit its budget and work plan to the City Commission for approval and to recommend a method of levying an assessment on the property within the district to defray the cost of the work plan and budget. The BID is not requesting any change to the assessment methodology. The complete methodology is outlined in the attached Resolution and is in accordance with the prescribed methodologies allowed by state law ( , MCA). The BID's proposal is, after receiving public comment, that the City Commission approves the resolution levying an assessment to defray the costs of the budget and work plan for fiscal year 2012 as submitted. Advantage: Approval of the Resolution allows for the assessment to be placed on the 2011 tax bills of the properties within the district and will fund the BID's operations for FY2012. Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: N/A None Attached Move approval of the resolution levying an assessment for the Business Improvement District for fiscal year ATTACHMENTS: Resolution Notice of Public Hearing City of Helena, Montana Page 15 of 98

16 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION LEVYING AN ASSESSMENT FOR THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2012 WHEREAS, pursuant to Title 7, chapter 12, part 11, MCA, the City of Helena created a Business Improvement District on August 9, 2010 for a ten year period; and, WHEREAS, pursuant to , MCA, the Board of Trustees of said Business Improvement District are to present to the City of Helena Commission a work plan and budget for the fiscal year ensuing from the creation of the Business Improvement District; and, WHEREAS, the said work plan and budget was submitted to the Helena City Commission by the Board of Trustees of the Helena Business Improvement District on May 25, 2011; and, WHEREAS, in order to fund said Business Improvement District, it is necessary for the City of Helena to levy an assessment on all property within said Business Improvement District.; and WHEREAS, a public hearing was held on this matter on the 22 nd day of August, 2011, at 6:00 p.m. in the City Commission Chambers at 316 North Park Avenue in Helena, Montana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. The City of Helena hereby levies an assessment on all property within said Business Improvement District. The City Commission finds that the benefits derived by each lot or parcel are disproportional, and therefore pursuant to , MCA, sets classification criteria with rates set for each classification. The assessment for lots or parcels within each classification is as follows: Private Property For each lot, tract or parcel or group of lots, tracts or parcels aggregated for a single residential or commercial use, including accessory parking, and owned privately 1 Page 16 of 98

17 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. ( assessed property ): 1. $400 per assessed property. 2. $0.02 per square foot of land area of assessed property % of the taxable value of assessed property. Excluded are lots, tracts or parcels that are vacant with no habitable improvements and not used for commercial purposes. Public Property For each lot, tract or parcel or group of lots, tracts or parcels aggregated for a single use, including accessory parking, and owned by a public entity, such as federal, state, county, city, school district and quasi-public entities ( public property ): 1. $400 per public property. Excluded are public entity-owned lots, tracts or parcels that are vacant with no habitable improvements and public parks and squares. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22 nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 2 Page 17 of 98

18 NOTICE TO PROPERTY OWNERS OF PUBLIC HEARINGS ON ANNUAL ASSESSMENTS NOTICE is hereby given that the City of Helena will hold a public hearing on Monday, August 22, 2011 in the Commission Chambers, 316 N. Park Avenue, Helena, MT for the purpose of considering the following annual assessments for fiscal year STREET LIGHTING DISTRICTS PER SQ. FT. DISTRICT ASSESSMENT 164 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ PER SQ. FT. DISTRICT ASSESSMENT 221 $ $ $ $ $ $ (lineal feet) 306 $ $ $ $ $ A $ $ $ $ A $ $ $ A $ $ $ $ $ $ $ STORM WATER UTILITY Up to a 1.50% assessment increase is proposed. Maximum proposed base charge on each lot or parcel $28.21 per year plus impervious area in excess of 2,222 sq. ft. $ per sq. ft. with a 50% assessment reduction for properties which qualify for the State of Montana Property Tax Assistance Program. Page 18 of 98

19 SPECIAL IMPROVEMENT DISTRICTS At the public hearing the Commission will also consider levying and assessing tax on the following Special Improvement Districts: 403, 404, 405, 407, 412, 413, 417, and 418 SIDEWALK PROGRAM At the public hearing the Commission will also consider levying and assessing tax on the Sidewalk Program for years 2004 through BUSINESS IMPROVEMENT DISTRICT Assessment-Private Property Assessment-Public Property $ per property (excluding vacant parcels not used for commercial purposes), plus $ 0.02 per sq. ft. of land area, plus 2.00% of taxable value. $ per property (excluding vacant parcels and public parks and squares). The City Commission will also hear public comment for the approval of the work plan and budget of the Business Improvement District. OPEN SPACE MAINTENANCE DISTRICT Minimum charge on all lots or parcels $17.00 per year plus impervious area in excess of 2,222 sq. ft. $ per sq. ft. with a 50% assessment reduction for lots or parcels of land which qualify for the State of Montana Property Tax Assistance Program. TOURISM BUSINESS IMPROVEMENT DISTRICT Total Assessment The district determines the number of rooms occupied for each property from July 1, 2010 through June 30, The number of occupied rooms for each property is multiplied by one dollar ($1.00) to determine the dollar amount of the assessment for fiscal year The City Commission will also hear public comment for the approval of the work plan and budget of the Tourism Business Improvement District. Page 19 of 98

20 Debbie Havens Clerk of the Commission City of Helena Upon reasonable notice, the City of Helena will provide assistance for those persons with sensory impairments. For further information, please contact the City Clerk at or TDD Relay Service or VOICE PUBLISH AS A LEGAL AD: August 3, 2011 August 10, 2011 Please send copy of legal ad and bill to: Carrie Hahn, Administrative Assistant 316 North Park Ave. Helena, MT (Phone) ads to legalads@helenair.com Page 20 of 98

21 Print August 11, 2011 To: From: Subject: Present Situation: Proposal/Objective: Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: Ron Alles, City Manager Robert Ricker, Budget Manager Tim Magee, Administrative Services Director Consider a resolution approving the proposed work plan and budget of the Business Improvement District (BID) for fiscal year 2012 On August 9, 2010, the City Commission adopted a Resolution creating the BID for a period of ten years pursuant to , MCA. State law ( ) requires the BID to submit its budget and work plan to the City Commission for approval and to recommend a method of levying an assessment on the property within the district to defray the cost of the work plan and budget. The BID's proposal is, after receiving public comment, that the City Commission approve the work plan and budget for fiscal year 2012 as submitted. Approval of the Resolution allows for public input on the BID's work plan and budget. In addition, State law requires the Commission's approval of the budget and work plan. N/A None Attached Move approval of the resolution approving the work plan and budget for the Business Improvement District for fiscal year ATTACHMENTS: Resolution Notice of Public Hearing City of Helena, Montana Page 21 of 98

22 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION APPROVING THE WORK PLAN AND BUDGET FOR THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2012 WHEREAS, pursuant to Title 7, chapter 12, part 11, MCA, the City of Helena created a Business Improvement District on August 9, 2010 for a ten year period; and, WHEREAS, pursuant to , MCA, the Board of Trustees of said Business Improvement District are to present to the City of Helena Commission a work plan and budget for the fiscal year ensuing from the creation of the Business Improvement District; and, WHEREAS, the said work plan and budget was submitted to the Helena City Commission by the Board of Trustees of the Helena Business Improvement District on May 25, 2011; and, WHEREAS, a public hearing was held on this matter on the 22nd day of August, 2011, in the City Commission Chambers at 316 North Park Avenue in Helena, Montana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. The Business Improvement District work plan and budget for fiscal year 2012 as shown on Exhibit A is approved. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 1 Page 22 of 98

23 Exhibit A Page 23 of 98

24 Exhibit A Page 24 of 98

25 Exhibit A Page 25 of 98

26 Exhibit A Page 26 of 98

27 Exhibit A Page 27 of 98

28 NOTICE TO PROPERTY OWNERS OF PUBLIC HEARINGS ON ANNUAL ASSESSMENTS NOTICE is hereby given that the City of Helena will hold a public hearing on Monday, August 22, 2011 in the Commission Chambers, 316 N. Park Avenue, Helena, MT for the purpose of considering the following annual assessments for fiscal year STREET LIGHTING DISTRICTS PER SQ. FT. DISTRICT ASSESSMENT 164 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ PER SQ. FT. DISTRICT ASSESSMENT 221 $ $ $ $ $ $ (lineal feet) 306 $ $ $ $ $ A $ $ $ $ A $ $ $ A $ $ $ $ $ $ $ STORM WATER UTILITY Up to a 1.50% assessment increase is proposed. Maximum proposed base charge on each lot or parcel $28.21 per year plus impervious area in excess of 2,222 sq. ft. $ per sq. ft. with a 50% assessment reduction for properties which qualify for the State of Montana Property Tax Assistance Program. Page 28 of 98

29 SPECIAL IMPROVEMENT DISTRICTS At the public hearing the Commission will also consider levying and assessing tax on the following Special Improvement Districts: 403, 404, 405, 407, 412, 413, 417, and 418 SIDEWALK PROGRAM At the public hearing the Commission will also consider levying and assessing tax on the Sidewalk Program for years 2004 through BUSINESS IMPROVEMENT DISTRICT Assessment-Private Property Assessment-Public Property $ per property (excluding vacant parcels not used for commercial purposes), plus $ 0.02 per sq. ft. of land area, plus 2.00% of taxable value. $ per property (excluding vacant parcels and public parks and squares). The City Commission will also hear public comment for the approval of the work plan and budget of the Business Improvement District. OPEN SPACE MAINTENANCE DISTRICT Minimum charge on all lots or parcels $17.00 per year plus impervious area in excess of 2,222 sq. ft. $ per sq. ft. with a 50% assessment reduction for lots or parcels of land which qualify for the State of Montana Property Tax Assistance Program. TOURISM BUSINESS IMPROVEMENT DISTRICT Total Assessment The district determines the number of rooms occupied for each property from July 1, 2010 through June 30, The number of occupied rooms for each property is multiplied by one dollar ($1.00) to determine the dollar amount of the assessment for fiscal year The City Commission will also hear public comment for the approval of the work plan and budget of the Tourism Business Improvement District. Page 29 of 98

30 Debbie Havens Clerk of the Commission City of Helena Upon reasonable notice, the City of Helena will provide assistance for those persons with sensory impairments. For further information, please contact the City Clerk at or TDD Relay Service or VOICE PUBLISH AS A LEGAL AD: August 3, 2011 August 10, 2011 Please send copy of legal ad and bill to: Carrie Hahn, Administrative Assistant 316 North Park Ave. Helena, MT (Phone) ads to legalads@helenair.com Page 30 of 98

31 Print August 11, 2011 To: From: Subject: Present Situation: Proposal/Objective: Ron Alles, City Manager Robert Ricker, Budget Manager Tim Magee, Administrative Services Director Consider resolutions levying and assessing annual charges on the following districts: Open Space District Maintenance, Sidewalk Improvement Program, Special Improvement Districts (SIDs), Storm Water Utility, Street Lighting Districts Each year the City Commission must levy and assess annual charges on the above districts in order for them to be placed on the upcoming tax bills. To hold a public hearing and approve the resolutions levying and assessing the annual charges for the following districts and program. The fiscal year 2012 annual charges approved by the City Commission will be placed on the 2011 property tax bills. Open Space Maintenance District: The proposal is to continue the current assessment rate of a minimum $17.00 per parcel plus $ per square foot of impervious area in excess of 2,222 square feet. Sidewalk Improvement Program: The Sidewalk Improvement Program assessments are necessary to cover the contract amounts for all participating properties. Special Improvement Districts (SIDs): The SID assessments are necessary to cover the annual payments for the outstanding debt. Storm Water Utility: A rate increase of up to 1.50% will be considered. Street Lighting Districts: Street Lighting districts assessments are based upon the anticipated cost of electric utility bills and administrative support costs. Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: The public hearings will provide an opportunity for input on the proposed annual assessments and approval of the resolutions will provide the necessary funding for the annual operation of the districts. N/A None Attached 1) Move approval of the resolution to levy and assess annual charges on the Open Space Maintenance District for fiscal year ) Move approval of the resolution to levy and assess annual charges on the Sidewalk Improvement Program for fiscal year ) Move approval of the resolution to levy and assess annual charges on thespecial Improvement Districts (SID's) for fiscal year ) Move approval of the resolution to levy and assess annual charges on the Storm Water Utility District for fiscal year ) Move approval of the resolution to levy and assess annual charges on the Street Lighting Districts for fiscal year Page 31 of 98

32 ATTACHMENTS: Resolutions Resolution-Sidewalk Improvement Program Resolution-SID's Resolution-Storm Water Utility Resolution-Street Lighting Districts City of Helena, Montana Page 32 of 98

33 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION AMENDING THE BOUNDARIES AND LEVYING AN ASSESSMENT UPON ALL PROPERTY IN THE OPEN SPACE MAINTENANCE DISTRICT NO. 1 TO DEFRAY MAINTENANCE COSTS IN THE DISTRICT FOR FISCAL YEAR 2012 WHEREAS, the City Commission of the City of Helena, Montana, created Open Space Maintenance District No.1 ( District ) ; and WHEREAS, The general purposes of the District are to protect, maintain, preserve, restore, and care for the City of Helena s open space lands or natural parks as defined or designated by ordinance or resolution and designated to be left in a natural state; and WHEREAS, the property in the District must be assessed to defray the cost of open space maintenance, each lot or parcel in the district to be assessed by the squarefoot area of impervious surface; and WHEREAS, it appears to be in the best interest of the City of Helena and the inhabitants thereof that certain public property within the District be excluded from the assessment; and WHEREAS, the exclusion of the impervious area for private streets within licensed mobile home parks would be consistent with the City s policy to promote all types of affordable housing; and WHEREAS, the District is all lots or parcels of land within the exterior boundaries of the City of Helena, including all lots or parcels of land annexed into the City, up to and including the date of adoption of the assessment resolution; and WHEREAS, a list of all lots or parcels of land assessed, with the name of the owner thereof, if known, description of the lots or parcels of land and the amount levied thereon set opposite, is maintained by the Department of Administrative Services for the City of Helena. WHEREAS, a public hearing was held on this matter on August 22, 2011, at 6:00 p.m. in the Commission Chambers, City-County Admin. Building, 316 N. Park Ave., Helena, Montana. 1 Page 33 of 98

34 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. Open Space Maintenance District No. 1 is amended to include all lots or parcels of land within the exterior boundaries of the City of Helena and all lots or parcels of land annexed into the City, up to and including the date of adoption of the assessment resolution. Section 2. To defray the open space maintenance costs in the District, there hereby is levied an assessment for fiscal year Section 3. For purposes of this assessment: a. Impervious Area is the developed part of a lot or parcel that is impermeable to storm water infiltration, excluding: all rights-of-way and publicly owned streets, runways, and taxiways, all privately-owned streets within licensed mobile home parks, and City-owned stormwater facilities, water storage reservoirs, and public utility sites. b. Single parcels are those parcels that are combined under common ownership and use and are assigned a single state-issued geo-code number. Section 4. The fiscal year 2012 assessment rates are to be computed as follows: $ minimum charge on all lots or parcels, consisting of: o a base rate of $7.00, plus o a supplemental base rate of $10.00 plus $ per square foot of impervious area in excess of 2,222 square feet, with a 50% assessment reduction for lots or parcels of land which qualify for the State of Montana Property Tax Assistance Program under Title 15, Chapter 6, MCA. 2 Page 34 of 98

35 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22 nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 3 Page 35 of 98

36 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION ASSESSING FEES FOR IMPROVEMENT OF SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES IN THE CITY OF HELENA, MONTANA WHEREAS, the Helena City Commission, pursuant to Resolution No , authorized a voluntary improvement program for all sidewalks, curbs, gutters and alley approaches to be constructed or replaced adjacent to any lot, piece or parcel of land for those owners requesting, in writing, inclusion in the program; and WHEREAS, it appears to be in the best interests of the City of Helena and the citizens thereof that said fees be assessed; and WHEREAS, a public hearing was held on the matter on August 22, 2011, at 6:00 p.m. in the Commission Chambers at the City-County Administration Building, 316 N. Park Ave., Helena, MT. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. That to defray the cost of making improvements, there hereby is levied and assessed a loan repayment upon all benefitted property in said programs for respective years as follows: TOTAL TOTAL PROGRAM PAYMENTS PROGRAM PAYMENTS 2004 Sidewalk Program $ 3, Sidewalk Program $ 3, Sidewalk Program $ Sidewalk Program $ 8, Sidewalk Program $ 21, Sidewalk Program $3,575 1 Page 36 of 98

37 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22 nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 2 Page 37 of 98

38 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION LEVYING AND ASSESSING A TAX UPON ALL PROPERTY IN SPECIAL WATER, SEWER, AND PAVING IMPROVEMENT DISTRICTS TO DEFRAY THE COST OF MAINTAINING IMPROVEMENTS IN SAID SPECIAL IMPROVEMENT DISTRICTS FOR FISCAL YEAR WHEREAS, the City Commission of the City of Helena, Montana, has created various Special Improvement Districts for the purpose of providing water, sewer, and paving improvements; and WHEREAS, the property in said Special Water, Sewer, and Paving Improvement Districts is to be assessed to defray the cost of maintaining the said improvements, each lot or parcel of land in each district to be assessed for that part of the whole cost which its area bears to the entire district, exclusive of streets, alleys and public places; and WHEREAS, a list of all lots or parcels of land assessed, with the name of the owner thereof if known, description of the lots or parcels of land and the amount levied thereon set opposite, is maintained by the Department of Administrative Services for the City of Helena. WHEREAS, a public hearing was held on this matter on August 22, 2011, at 6:00 p.m. in the Commission Chambers at the City-County Administration Building, 316 N. Park Ave., in Helena, MT. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. It is the intention of the City Commission to finally adopt a resolution levying an assessment upon all lots or parcels of land in the Special Water, Sewer, and Paving Improvement Districts to defray the cost of maintaining said services for fiscal year Page 38 of 98

39 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res No. Section 2. The lots or parcels of land to be assessed are those shown on the list of all lots or parcels of land maintained by the Department of Administrative Services for the City of Helena. The list includes the description of the lots or parcels of land, the name of the owner, if known, and the amount levied thereon. The lots or parcels of land to be assessed do not include cemetery lands owned by associations. The assessable lots or parcels of land are all such other lots or parcels of land inside the City limits. Section 3. To defray the cost of making improvements in Special Water, Sewer, and Paving Improvement Districts for fiscal year 2012, there be, and there hereby is, levied and assessed a tax upon all property in said districts as follows: TOTAL TOTAL SID # ASSESSMENT SID # ASSESSMENT 403 $ 23, $ 9, $ 70, $ 4, $ 28, $ 3, $ 16, $ 39,734 PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22 nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 2 Page 39 of 98

40 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION AMENDING THE BOUNDARIES AND LEVYING AN ASSESSMENT UPON ALL PROPERTY IN THE STORM WATER UTILITY DISTRICT TO DEFRAY THE COST OF MAINTAINING SERVICES IN THE DISTRICT FOR FISCAL YEAR 2012 WHEREAS, the City Commission of the City of Helena, Montana, created a Storm Water Utility District ( District ) for the purpose of providing storm water drainage operation, maintenance, and capital improvements; and WHEREAS, the lots or parcels of land in the District must be assessed to defray the cost of maintaining said services, each lot or parcel in the district is to be assessed by the square-foot area of impervious surface; and WHEREAS, it appears to be in the best interest of the City of Helena and the inhabitants thereof that certain public property within the District be excluded from the assessment; and WHEREAS, the exclusion of the impervious area for private streets within licensed mobile home parks would be consistent with the City s policy to promote all types of affordable housing; and WHEREAS, the District is all real property within the exterior boundaries of the City of Helena, including all lots or parcels of land annexed into the City, up to and including the date of adoption of the assessment resolution; and WHEREAS, a list of all lots or parcels of land assessed, with the name of the owner thereof if known, description of the lots or parcels of land and the amount levied thereon set opposite, is maintained by the Department of Administrative Services for the City of Helena. WHEREAS, a public hearing was held on this matter on August 22, 2011, at 6:00 p.m. in the Commission Chambers, City-County Admin. Building, 316 N. Park Ave., Helena, MT. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: 1 Page 40 of 98

41 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. Section 1. The Storm Water Utility District is amended to include all lots or parcels of land within the exterior boundaries of the City of Helena and all lots or parcels of land annexed into the City, up to and including the date of adoption of the assessment resolution. Section 2. The lots or parcels of land to be assessed are those shown on the list of all lots or parcels of land maintained by the Department of Administrative Services for the City of Helena. The list includes the description of the lots or parcels of land, the name of the owner, if known, and the amount levied thereon. The lots or parcels of land to be assessed do not include cemetery lands owned by associations. The assessable lots or parcels of land are all such other lots or parcels of land inside the City limits. Section 3. Assessment Definitions For purposes of this assessment: a. Impervious Area is the developed part of a lot or parcel that is impermeable to storm water infiltration, excluding: all rights-of-way and publicly owned streets, runways, and taxiways, and all privately-owned streets within licensed mobile home parks; City-owned stormwater facilities, water storage reservoirs, and public utility sites. b. Single lots or parcels are those lots or parcels that are combined under common ownership and use and are assigned a State-issued geo-code number. Section 4. Assessments That to defray the cost of maintaining the services in the District, there hereby are levied an assessment rate increase of 1.50% for fiscal year The assessment will be as follows for fiscal year 2012: $28.21 minimum charge on all parcels, plus $ per square foot of impervious area in excess of 2,222 square feet, with a 50% assessment reduction for properties which qualify for the State of Montana Property Tax Assistance Program under Title 15, Chapter 6, MCA. 2 Page 41 of 98

42 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 3 Page 42 of 98

43 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION LEVYING AN ASSESSMENT UPON ALL PROPERTY IN SPECIAL STREET LIGHTING DISTRICTS TO DEFRAY THE COST OF INSTALLING AND MAINTAINING IMPROVEMENTS IN SAID DISTRICTS FOR FISCAL YEAR 2012 WHEREAS, the City Commission of the City of Helena, Montana, has created Special Improvement Districts for the purpose of providing lighting; and WHEREAS, the property in said Special Street Lighting Districts is to be assessed to defray the cost of installing and maintaining the said improvements, each lot or parcel of land in each district to be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, alleys, and public places; and WHEREAS, a public hearing was held on this matter on August 22, 2011 at 6:00 p.m. in the Commission Chambers at the City-County Administration Building, 316 N. Park Ave, in Helena, MT. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. The City of Helena hereby levies an assessment upon all property in the Special Street Lighting Districts to defray the cost of installing and maintaining said improvements for fiscal year Section 2. To defray the costs of the Special Street Lighting Districts for fiscal year 2012, there hereby is levied an assessment upon all property in said districts as follows: Page 43 of 98

44 RESOLUTIONS OF THE CITY OF HELENA, MONTANA Res. No. PER SQ. FT. DISTRICT ASSESSMENT PER SQ. FT. DISTRICT ASSESSMENT 164 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ (lineal feet) 306 $ $ $ $ $ A $ $ $ $ A $ $ $ A $ $ $ $ $ $ $ PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 22nd DAY OF AUGUST, ATTEST: MAYOR CLERK OF THE COMMISSION 2 Page 44 of 98

45 Print August 11, 2011 To: From: Subject: Present Situation: Ron Alles, City Manager Robert Ricker, Budget Manager Tim Magee, Administrative Services Director Consider a resolution increasing charges and fees for collection and disposal of residential garbage and refuse in the City of Helena, Montana, for fiscal year 2012 Each year the City Commission may adjust charges and fees for collection and disposal of residential garbage and refuse (Residential Solid Waste Operating and Capital). Approval of the Resolution will adjust the rates. The FY2012 Annual Budget and management discussions call for funding of essential services, including: Providing annual funding of regularly recurring Comprehensive Capital Improvement Program (CCIP) components; Annually reviewing rates to: Ensure adequate funding of operations, maintenance, and debt; Address and consider funding up to 50% of the annual CCIP schedule of capital project priorities; Provide for part or all of the impact of inflation; and Make incremental rate changes that are regular and predictable for citizens. Public Hearing notices provide for the City Commission to consider increasing charges and fees for Residential Solid Waste Operating and Capital up to 0.0%. Proposal/Objective: Advantage: Notable Energy Impact: Disadvantage: Notice of Public Hearing: Recommended Motion: Hold a public hearing to obtain public input and approve a resolution setting rates to fund Residential Solid Waste operations and capital needs for fiscal year The approval of the resolution will establish rates to fund the Residential Solid Waste operations and capital needs for fiscal year N/A None Attached Move approval of a resolution establishing charges for collection and disposal of residential garbage and refuse in the City of Helena, Montana, for fiscal year ATTACHMENTS: Page 45 of 98

46 Resolution Notice of Public Hearing City of Helena, Montana Page 46 of 98

47 RESOLUTIONS OF THE CITY OF HELENA, MONTANA RESOLUTION NO. A RESOLUTION ESTABLISHING CHARGES FOR COLLECTION AND DISPOSAL OF RESIDENTIAL GARBAGE AND REFUSE IN THE CITY OF HELENA, MONTANA, FOR FISCAL YEAR 2012 WHEREAS, pursuant to the Helena City Code, service charges may be established for collection and disposal of residential garbage in the City of Helena; and WHEREAS, service charges are necessary for the purpose of on-going operation, maintenance, and capital purchases of equipment; and WHEREAS, it appears to be in the best interests of the City of Helena, Montana, and the inhabitants thereof, that the charges for collection and disposal of city provided residential garbage and refuse service for fiscal year 2012 should include additional charges when a residential customer who is assessed the yearly residential rate exceeds the bulk solid waste allowance, or dumps any garbage not originating from the residential property; and WHEREAS, charges against the bulk solid waste allowance are self-haul on a residential solid waste permit and $10.00 per collection for bulk solid waste collection ( tramp truck ); and WHEREAS, a list of all lots or parcels of land assessed, with the name of the owner thereof, if known, description of the lots or parcels of land and the amount levied thereon set opposite, is maintained by the Department of Administrative Services for the City of Helena. WHEREAS, a public hearing was held on this resolution on the 22nd day of August, 2011, at 6:00 p.m. in the Commission Chambers at 316 North Park Avenue, Helena, Montana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. The lots or parcels of land to be assessed are those shown on the list of all lots or parcels of land maintained by the Department of Administrative Services for the City of Helena. The list includes the description of the lots or parcels of land, the name of the owner, if known, and the amount levied thereon. The lots or parcels of land to be assessed do not include cemetery lands owned by associations. The assessable lots or 1 Page 47 of 98