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HomeMy WebLinkAbout1989-01-09 77 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 9, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 9, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Ma rtel , Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Lathrop. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes Mayor Stiff deferred approval of the minutes until the next regularly scheduled meeting. Update on Valley Unit schedule City Manager Wysocki referred to the letter from J. Robert Planalp, found in the Commis- sioner's packets and requested Mr. Planalp review the schedule for the Commissioners. Bob Planalp stated the time table for the sa Ie of the Valley Unit lots is tentative and that a meeting is scheduled with the appraisers for this coming Friday to discuss further the valu- ations of the lots. Commissioner Vant Hull asked how many lots would be put up for sale. Mr. Planalp stat- ed that would be the subject of discussion during the January 23 meeting at which time staff and County officials will discuss purchase of lots and receive certificate of sale. Commissioner Martel commented that there is a two-week period from the initial advertise- ment of sale to the day of sale and asked if this is adequate time for this type of sale? The City Manager commented it would be published twice--January 25 and February 1. I Mr. Planalp commented that State statute requires the sale be published twice; however, publishing twice does not preclude the City from further advertising through brochures and oth- er media means. What is before you is the minimum. Mr. Planalp further stated that Miral Gamradt, Director of Administrative Services, suggested the appraisers provide staff with their publication packets also. Commenting on Commissioner Hawks' question as to default of payments of new owners, Mr. Planalp stated there are two options: one is a security obi igation through a trust inden- ture, making it a requirement that all special improvement assessments be kept current and peri- odic payments made. A breach in that instance would allow the City to sell the property four months following the date of advertisement on the defau It. The alternative is to escrow the sales, which is simi lar to a contract-for-deed and not record title to the property. In the event there is a default, break the escrow and take the property back. There is a problem with this alternative because recent Montana Supreme Court rulings indicate this procedure is a mortgage; therefore one would have to go through the judicial system to foreclose, giving the debtor an equity in redemption. Mr. Planalp preferred the security obligation in that the default proce- dure through advertisement and sale is quicker, cheaper, and there is no equity of redemption after the sale. With a deed of trust, there will be required a 50% downpayment; the note will be due in two years. Mr. Planalp answered Commissioner Goehrung's query by stating staff and County officials will meet January 16 along with the auctioneers regarding advertisement of sale and procedure for sale. The auctioneers have been in touch with staff already. I Commissioner Martel commented he didn't feel the financial atmosphere could support a mortgage for building purposes that would include the sale price in that the mortgage institution would only lend 80%, leaving 20% for the owner to bear. Mr. Planalp commented he felt that with future sales continually taking place, the lot would be appraised at a higher rate than the ori- ginal purchase price, therefore providing a higher market value for the purpose of securing a building loan. Miral Gamradt, Director of Administrative Services, clarified that the City will be issuing warranty deeds; and those deeds will be subject to future SID's. 01-09-89 78 Decision - Conditional Use Permit - Excellence Theatres for David & Yvonne Jarrett - allow ex- pansion of theatre facilities, Lots 3, 4, 8 & 9, Tai Lane Addition, which constitutes major modi- fication of existing CUP (1611 So. 11th Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by David and Yvonne Jarrett to allow expansion of theatre facilities on Lots 3, 4, 8 and 9 of the Tai Lane Addition, which constitutes major modification of the existing Conditional Use Permit. The site is more commonly located at 1611 South 11 th Avenue. City Manager Wysocki referred to staffls memo wherein it was suggested to add to Condi- I tion Number 3 that the applicant connect to the City's water system; Condition No. 1 require the applicant participate in signalization and their fair share of Kagy Boulevard extension at this time; that the applicants install a pedestrian sidewalk. Planner Skelton stated that staff met with the applicants and they have agreed to all of these additional conditions. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull that the appli- cation for a Conditional Use Permit to allow the expansion of a theatre facility in a B-1, Neighborhood Business District located on Lots 3, 4, 8 and 9, Tai Lane Addition be be approved with the following conditions: 1. That the applicant provide documentation of a waiver of protest for Special Improvement Districts for the completion of Lincoln Street, and for traffic signalization at the South 11th Avenue/Kagy Boulevard intersection, and the Lincoln Street/South 19th Avenue intersection prior to Final Site Plan ap- proval; that the applicant's fair share of participation in the extension of Kagy Boulevard be limited to signalization at South 11 th Avenue/ Kagy Boulevard intersection at this time; 2. That site storm sewer drainage plans be reviewed and approved by the Di- rector of Public Service prior to Final Site Plan approval; 3. That the theatre complex be connected to the City of Bozeman water system in a manner as approved by City staff prior to Final Site Plan approval; 4. That the Final Site Plan show the location of all sanitary sewer mains and service lines, and that the sewer service from the theatre complex to the west property line be labeled "private"; I 5. That all deep-rooted trees and shrubs be removed from the utility ease- ment, and that access to all manholes be maintained; 6. That the Tai Lane private road access easement be vacated and the new 30- foot access easement to Lincoln Street -be dedicated to the use of the public prior to Final Site Plan approval; 7. That an adequate turn around area at the south end of the existing Tai Lane be provided prior to Final Site Plan approval; 8. That pedestrian circulation patterns from the theatre complex to the western parking lot be reviewed and approved by the Director of Public Service prior to Final Site Plan approval; 9. That the landscape plan comply with Sections 18.62.120(B) and 18.62.130(D) of the Bozeman Zone Code prior to Final Site Plan approval; 10. Three copies of the final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A Final Site Plan must be approved pri- or to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building De- partment, and one signed copy shall be retained by the applicant; 11. I f improvements are not installed prior to final Site Plan approval, the ap- plicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; I 12. If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; 13. All on-site improvements shall be completed within 18 months of Final Site Plan approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of 18 months following approval of the Final Site Plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the 01-09-89 79 permit. An on-site inspection will be made and a report made to the City Commission for thei r action. If all required conditions have been satisfied, the permit will be permanently renewed. 14. If a Special Improvement District is utilized for road improvements on Kagy Boulevard, an area will be determined and the theatre complex may be re- quested to participate. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Approval of loans for housing rehab as recommended by the Loan Review Committee City Manager Wysocki presented the item and recommended approval of the loans as re- quested by the Loan Review Committee. Commissioner Martel stated he had the opportunity to review the applications and further discussions with the Loan Review administrator during which his questions were answered. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel that the Com- mission approve the loans as submitted by the Loan Review Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Overview of CDBG Loan Program City Manager Wysocki introduced Debbie Arkell of the Planning staff who was recently promoted to the position of Planner. Ms. Arkell informed the Commission that since the CDBG Housing Rehabilitation Program's inception in April 1985, when the City was awarded a $500,000 grant from the Department of Commerce, $491,000 has been expended. The balance of $9,000 was a result of the use of pro- gram income by the City for projects in housing rehabi litation, water line replacement, handicap- ped ramp installation at Beall Park Art Center, inspection services and administration fees for I the grants. Twenty-two rental units were rehabilitated with 20 being owner-occupied. Of the $323,140 expended for housi ng rehab, $163,504 was loaned for repayment and $159,636 was granted on deferred payment grants. From the eleven current loans being paid back, the City collects $1,530.77 monthly; as of December 1,1988, the fund balance is $64,290.43. Planner Arkell further stated that based on Commission Resolution No. 2688, the income derived from the loan paybacks must be utilized for housing rehabilitation in the target area. The Planner further suggested updating the Commission Resolution after this coming July to fur- ther utilize the funds for housing rehab commenting that all loans are current. The target area may be expanded through Commission resolution action. Commissioner Hawks inquired if the 15% administrative fee is sti II necessary. Planner Arkell responded that the initial setup of the program necessitated the ful I 15% administrative fee; however, now that the program files are set up and on computer, that fee might be re- d uced . Responding to Commissioner Hawks's and Goehrung's question, Planner Arkell stated the target area boundaries could be expanded. City Manager Wysocki clarified the boundaries could be expanded using the fringe areas of the existing targeted area. Commissioner Vant Hull, responding to concerns of Commissioner Martel, asked Planner Arkell if any additions in a non-conforming use zone have been funded through this program. Planner Arkell stated no additions have occurred on a non-conforming use residence. City Manager Wysocki stated staff would accept a Commission direction to update Commis- sion Resolution No. 2688 changing the July 1, 1988 date. The City Manager further stated that I the administrative fee is flexible as it is written, therefore staff could take direction from the Commission to reduce it as he understands the concensus of the Commission. A recommendation will be forthcoming from staff and will include an expanded target area. Ordinance No. 1274 - Salary Ordinance for the City Manager for Calendar Year 1989 City Manager Wysocki presented Commission Ordinance No. 1274, as prepared by the City Attorney, entitled: 01-09-89 80 ORD I NANCE NO. 1274 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZE~ MAN AS REQUIRED BY LAW. Commissioner Hawks requested a clarification of the term of the agreement which appears to be inconsistent with the salary terms. City Manager Wysocki stated he required a six-month period following a Commission indi- cation that his contract would not be renewed in the coming year. Previous contracts have been I for a 2-!-year term. Salary review will take place next December as it re lates to rates. The City Manager serves at the pleasure of the Commission, hence the three-months severance pay when the duration of the contract is not fulfilled. It was moved by Commissioner Martel, seconded by Commissioner Goehrung that the Commis- sion finally adopt Ordinance No. 1274, fixing the monthly salary and official bond of the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request for classification of use; aerobics studio/community room - Southwood Plaza City Manager Wysocki referred to staff's memo outlining the request. Ms. Lisa Harness has requested a determination to allow her to uti I ize a portion of a building to be erected at Southwood Center as an aerobics studio/community room during the evening and weekends. The proposed project is a continuance under an existing Planned Unit Development with a Conditional Use Permit. Further, Planning Director Epple considered the request as a secondary use which partially falls under the category of "Health and Fitness" as a previously approved use; that the "community room" had not been addressed in the original approved list of uses. Responding to City Manager Wysocki's question, Ms. Harness stated the hours of use would probably be between 7:30 a.m. to 5:30 p.m. for the health and fitness use, and 5:30 p.m. and after for the community room use. On a regular basis, the facility would not be used after 11 :00 p.m. I City Manager Wysocki responded to Commissioner Hawks' concerns by stating that the re- quirements for parking have been met, but not necessarily at the front door. Ms. Harness stated there would be bands involved in wedding receptions and alcohol use, which is why the request is before the Commission. Responding to Commissioner Hawks, Planner Epple stated that if the secondary use be- comes a problem, it can be addressed under the conditions of the Conditional Use Permit. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks that the Commis- sion approve as a secondary use the aerobics studio/community room under the category of "health and fitness" as proposed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Break - 3:07 to 3:12 p.m. Mayor Stiff declared a break from 3:07 to 3:12 p.m., in accordance with Commission pol- icy established at their regular meeting of March 14, 1983. Discussion - FYI Items (1) Mayor Stiff requested a list of goal priorities be placed on next week's agenda to possibly include expansion of Library hours after meeting with Library Board; enforcement of laws such as parking a car on the street for two weeks; garbage containers for each residence; and weed control. I Commissioner Hawks requested an additional one week lead time in the Goal Setting Pro- cedure. City Manager Wysocki reminded the Commission that a Statement of Purpose may be advan- tageous. The goal setting procedure takes time and cannot be accomplished in an afternoon ses- sion. City Manager Wysocki presented a list of fifth-Monday items of discussion and clarified thei r position. 01-09-89 81 (2) Commissioner Vant Hull suggested the Chronicle write a story addressing caution when driving on snowy and icy streets to avoid accidents especially at intersections. (3) Mayor Stiff stated that the snow is piled so high at designated handicapped parking that it is dangerous and a handicapped person cannot get out of his vehicle. Commissioner Vant Hull suggested the Sweeping Districts address snow removal. (4) City Manager Wysocki referred to the particulate readings for air quality which were - taken at the roof of the Fire Department during this past year. I (5) A letter from Attorney Greg Morgan regarding attorney fees in the Devers v. City matter. (6) Cemetery Board meeting scheduled for January 10, 1989 at 2:00 p.m. in the confer- ence room of City hall. (7) Agenda for the Bozeman City-County Planning Board, January 12, 1989 at the Bozeman Public Library, 7:00 p.m. (8) City Manager Wysocki will confirm a January 23 joint meeting with the County Com- missioners to discuss Ad Hoc Committee's recommendation for regulatory procedures. (9) City Manager Wysocki reminded the Commissioners of Interagency breakfast meeting at the Baxter, 7:00 a.m. on Wednesday, January 11,1989. (10) Audit Committee Meeting, Wednesday, January 11 at 11 :00 a.m. (11) The City Manager commented that the Wheat Drive project was 80% complete, with completion of the project expected by the 16th. (12) The City Manager informed the Commission he had contacted Representative Stang in regard to H. B. 42 which addresses underage drinking in bars. Commissioner Vant Hull com- mented she had also contacted Kelly Addy in regard to supporting local control of this issue. (13) The City Manager also stated he had talked with Representative Stearns in regard to H. B. 65 which addresses the 105% rule for local government mill levy settings. (14) The City Manager informed the Commission that the wells are not keeping up with the ice buildup in Bozeman Creek. I. (15) Commissioner Vant Hull circulated a pamphlet on presentations of Tammy Hall in regard to volunteerism. (16) Commission Vant Hull suggested utilizing the water bill mailing for getting the word out on specific items of interest such as recycling. City Manager Wysocki stated the PSC has regulated the use of utility bill mailings. (17) A letter regarding Valley Center and North 19th interchange projects. Consent Items City Manager Wysocki present to the Commission the following Consent Items. Application for Beer and Wine License, Chalet Market, 2825 W. Main, #8D (Main Mall) - Calendar Year 1989 Ratif Cit Mana er si nin of Amended Contract A reement - Bozeman Wheat rive anitary Sewer roject Authorize City Manager signing of Waterline Easement for Lyman Creek Building Inspection Division Report for December, 1988 Claims It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull that the Com- mission approve the Consent I tems as listed, and authorize and di rect the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Adjournment - 3:50 p.m. ~ I There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: MARY CAIN LATHROP Acting Clerk of the Commission 01-09~89