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HomeMy WebLinkAbout1988-02-01 .- 55 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 1, 1988 ************************ Orientation Session - 1 :00 p.m. Planning Director Andy Epple distributed to the Commission an organizational chart of the I department, noting that it was totally reorganized about a year ago. He indicated that the de- partment has been split into three separate divisions: (1) community development/zoning; (2) building inspection; and (3) planning/subdivision review. He noted that the Building Official will submit his report during a future orientation session. He then indicated that this year the budget for the Planning Department has been split between the community development portion contained in the General Fund and the planning portion, which is supported by a special mill levy through both the City and the County. Mr. Epple briefly reviewed the functions under each of the three divisions. He then noted that monies have been budgeted to have two individuals in each division; however, the planning/subdivision review section currently has only one employee. He indicated that an ad- vertisement has been published; and the second position should be filled shortly. Planning/Subdivision Review Coordinator Bill Murdock stated the emphasis of his position is on long-range planning and subdivision review. He indicated that he is currently conducting the three-year update of the 1983 Master Plan; and that process should be completed in October 1988. He stated the staff views the Master Plan as providing guidelines for land use decisions, addressing specific items of concern. He noted the staff is currently reviewing the plan to de- termine if more flexibility or streamlining can be provided while maintaining the integrity of the document and the process. Planner Murdock then addressed the subdivision review process. He noted that the plan- ning staff reviews all subdivisions of land within the city limits as well as the 4t-mile juris- dictional area, working closely with the developer. He noted that a recent County Attorney's I opinion has limited the City Commission's involvement in the process to those subdivisions within the city limits only. City Manager Wysocki asked if the City-County Planning Board has any feelings on the County Attorney's opinion. Planning Director Andy Epple noted the Board submits recommendations only; and he is not sure it makes any difference to which body that recommendation is forwarded. He further indicated he does not want to see the Planning Board or the staff involved in this type of legal issue. Commissioner Vant Hull asked if community groups will be involved in the master plan re- view. Planner Murdock stated that once a concrete proposal has been developed, public input will be sought. Community Development/Zoning Administrator Ron Brey presented a report on the activi- ties in his division. He noted that he is involved in short-range projects, such as review of permitted and conditional uses and zone changes. He also indicated that he is involved in zon- ing enforcement, addressing complaints from concerned individuals. He stated that the staff also reviews applications for new business licenses to be sure that all of the zoning requirements are being met. Planner Brey stated the staff is also involved in some longer range projects, such as zone code amendments, development of a sign ordinance and review of comprehensive problems such as the mixed use in the northeast sector of the community. He indicated the staff is sensitive to I items such as performance standards, flexibility and streamlining of the process. Planner Ron Brey stated the staff does conduct some in-house reviews also, including park- ing and landscaping plans. He then indicated the staff also prepares reports for applications for variances, which are submitted to the Board of Adjustment. He noted this process has just been formalized in the past year. Commissioner Hawks asked if parking and landscaping requirements must be met under replatting of a parcel. Planner Brey stated that the zone code indicates that if a change in use occurs, any 02-01-88 56 change up to 15 percent increase is grandfathered in under the old use. I f the increased park- ing requirement exceeds 15 percent, the zone code requirements for parking and landscaping must be fully met. Commissioner Goehrung asked if there have been any improvements in the area of enforce- ment. Planner Ron Brey stated that there have been. He noted that the new individual to be hired will work in the area of zoning enforcement, which will lend greater credibility to the I planning and zoning process. Planning Director Andy Epple stated that the planning staff's function is to provide tech- nical assistance to the County, the City, the City-County Planning Board and the Zoning Commis- sion concerning land use and subdivision items. He noted the elected officials establish policy concerning long-range planning; and the Zoning Commission and City Commission establish regu- lations for municipal zoning. He indicated that a community which takes the time and energy to establish solid regulations and land use policies is a community that wi II over the long run at- tract new development and become a good place to raise families and conduct business. Commissioner Hawks noted the Environmental Quality Council is currently working on a proposed subdivision law and asked if the City's planning staff should become involved in that issue. Planning Director Epple stated he had been heavily involved in addressing that issue through the Montana Association of Planners prior to the last legislative session. He noted that the current staff load is heavy; however, he could ask one of them to become involved in this process if the Commission feels it should be done. Commissioner Hawks asked if streamlining of the review process has been addressed. The Planning Director stated that he has ordered a state-of-the-art book on a unified ap- proach to land development, but he has not yet received it. He noted that the processes set forth in the book may conflict with the State statutes, which must be considered. He also indi- cated that the process may not result in any substantial time savings; however, it could elim- inate some of the public hearings which must now be conducted. He noted that the process I would promote a more generalist type of land use planning, rather than having the master plan land use designation map be a defacto zoning map. Commissioner Hawks asked if it is possible to make more general decisions without being subjective. Planning Director Epple stated that a tremendous amount of upfront work must be done to develop criteria to be used in evaluating proposals; and that is one reason the process has not been completed. The Commission thanked the planners for their presentations. Roll Call, Pledge of Allegiance and Moment of Silence The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 2, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Martel was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Absence of Commissioner Martel It was moved Commissioner Hawks, seconded by Commissioner Vant Hull, that the absence of Commissioner Martel be authorized in compliance with Section 7-3-4322 (2), M. C .A. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the minutes of the regular meeting of January 25, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 02-01-88 R" 57 Open bids - two (2) police cars (CIP) This was the time and place set for opening of bids for the purchase of two police cars. The City Manager reminded the Commissioners that these cars are included in the Capital Im- provement Program. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the bids I be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were opened and read aloud: Base Bid (2 cars) Don Norem Chevrolet-Buick, Inc. Bozeman, Montana $23,809.46 Bozeman Ford, Inc. Bozeman, Montana $24,930.40 J.C. Billion, Inc. Bozeman, Montana $23,866.00 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. Presentation from Sweet Pea Committee City Manager Wysocki stated that Mrs. Laurie Shadoan, Sweet Pea Committee, is present to address this item. Mrs. Laurie Shadoan stated appreciation for the use of Lindley Park for Sweet Pea ac- I tivities each year. She noted that the committee does pay a small fee for use of the park each year; however, they feel it is now time to contribute an additional amount. She then presented to the Commission a check from the Sweet Pea Committee in the amount of $2,645.00 for the pur- pose of installing a fence between Lindley Park and the Sunset Hills Cemetery, noting the City does not have adequate monies in the budget to cover the entire cost of this project. She noted that a hedge currently divides the two areas; however, people do cross into the cemetery where there are holes in the hedge. The Commissioners thanked Mrs. Shadoan for her presentation. Commission Resolution No. 2688 - budgeting the use of program income from the 1984 Community Development Block Grant Program City Manager Wysocki presented Commission Resolution No. 2688, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2688 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, BUDGETING THE USE OF PROGRAM INCOME FROM THE 1984 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. The City Manager stated the Community Development Block Grant Loan Review Committee has considered this matter and has recommended that the program income from the 1984 Housing and Neighborhood Revitalization Block Grant, through July 1, 1988, be designated for rehabili- tation of housing in the target area, as identified in that grant. I Commissioner Hawks indicated support for using these program income monies for housing rehabilitation; however, he suggested the area should possibly include an area south of Main Street in the older portion of the community. City Manager Wysocki cautioned that the guidelines for the CDSG program must be met. He then noted that this resolution applies to that program income received through July 1, 1988; and the use of those monies can be reconsidered at that time. He then recommended that the Commission adopt this resolution. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2688, budgeting the use of program income from the 02-01-88 58 1984 CDBG program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointments to Board of Adjustment (2) City Manager Wysocki submitted to the Commission a memo from Clerk of the Commission Sullivan listing those who have applied to serve on this board. I Planning Director Andy Epple noted that during a recent legislative session, the member- ship on the Board of Adjustment was expanded so that the Commission may now appoint five to seven members, depending upon their determination. He reminded the Commissioners that they concurred in the Board of Adjustment's recommendation to expand the membership to six and sub- sequently adopted an ordinance to do so. He noted, however, that the provision for the Board of Adjustment is contained in the zone code and, therefore, must go through the zone code amend- ment process. The Planning Director then requested that the Commission appoint only one member at this time. He also suggested that if the Commission wishes to expand the membership on the Board, it direct the staff to initiate a zone code amendment. Planning Director Epple then in- dicated that the code currently requires that a member of the board must reside within the city limits or the jurisdictional area. He noted that one of the two individuals recently appointed lives outside the jurisdictional area but does own property within the city limits. He indicated if the Commission wishes, the staff could also include in the zone code amendment the provision that a member must own property within the jurisdictional area. The Commissioners concurred that the residency requirement should remain as it currently exists. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission appoint only one member at this time and request that the Planning Staff proceed with a zone code amendment to increase the number of members from five to six, leaving the residency requirement as it currently exists. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Ma- yor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Jeffrey A. Ball be appointed to replace Charlotte Trolinger on the Board of Adjustment, with a term to expire on December 31, 1988. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following llFor Your Information" items. (1) A memo from Clerk of the Commission Sullivan, along with copies of advertisements to be placed in the newspaper, for upcoming public hearings on a Master Plan Amendment and Zone Map Change as requested by Li fe Li nk. The City Manager noted that these two public hear- ings have been set for later this month. (2) An information sheet on street improvements completed from 1983 through 1987. (3 ) A letter from County Attorney Salvagni to City Attorney Becker reaffirming his opinion concerning review of land use items within the jurisdictional area, and indicating that he would be willing to jointly seek an Attorney General's opinion. (4) The City Manager indicated that he attended a large cities meeting in Helena on Thursday and briefly reviewed the topics of discussion. Some of those topics include the method I of reappraisal and reassessment of properties; policies on delinquent accounts; billing of water and sewer services; future legislation; and whether to continue the Urban Coalition. The City Manager then indicated that the general consensus was that the larger cities will work through the League on legislative issues rather than reactivate the Urban Coalition. Commissioner Vant Hull expressed concern that Alec Hansen is already very active during the legislative session, and having a second lobbyist could be helpful for him. She further not- ed there are items in which larger cities are interested that the smaller cities, and very possibly the League, would not be. 02-01-88 59 City Manager Wysocki suggested that the Commissioner bring this subject up during the upcoming Board meeting for the League to determine a reaction. (5) Commissioner Hawks distributed copies of an article on arts, the heart and soul of the cities, as recently published in the Nation's Cities Weekly. He suggested that the Commis- sioners may wish to read this article prior to discussion on the possibility of establishing a cultural affairs committee and realigning the band activities. I (6) Commissioner Hawks noted that the National League of Cities has a number of pub- lications on land use, preservation ordinances and finance incentives, as well as several other simi lar topics. He suggested those publications may be beneficial to the City. City Manager Wysocki suggested that Planning Director Epple may be interested in send- ing for some of those documents so they might be included in his library. (7) Mayor Stiff asked how the Commission wishes to handle future orientation sessions, particularly in view of the additional public hearings being held in February due to the requests recently submitted by Life Link. He indicated a desire to have the orientation sessions com- pleted prior to the February 29 meeting, which is a fifth Monday. The City Manager suggested that the current schedule be followed, noting that about half of the City functions have been covered. (8) Commissioner Goehrung asked if there are monies in the budget to cover registra- tion costs for workshops. He expressed an interest in attending the elected officials workshop that is being sponsored by the Local Government Center in March. The City Manager indicated that monies are available to cover the registration fees for that workshop for those interested in attending. I - It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Consent Items be approved as listed above, and the appropriate persons be authorized and di- rected to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Break - 2:5S to 3:00 p.m. Mayor Stiff declared a break from 2:55 p.m. to 3:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Orientation Session (continued) Director of Libraries Steve Cottrell distributed an information sheet on the library. He then introduced those Library Board of Trustees present at this meeting: Edna Berg, Chair- man; Elaine Schlenker and Karen Vinton. He noted there are four full-time and eight part-time employees at the library at the present time, with three substitutes who are on call as needed. He stated the library is currently open forty hours a week, being closed on Sundays and Mon- days. Director of Libraries Cottrell stated that the library is operated under the Library Board I of Trustees, which is a five-member administrative board. He noted the members are elected for five-year terms; and their duties and responsibilities are set forth in the Montana Code Anno- tated . He then indicated that the library does receive monies through a County mill levy as well as through the City's general fund. He noted that the County Commission does levy a 1.S-mill levy for all five libraries within the County and has a formula for distribution of those monies. He indicated that last year the City received $42,600 under this method of distribution. The Director of Libraries stated that the reference information desk is staffed thirty-six hours each week. He noted that reference requests increased 64 percent during the past calen- 02-01-88 60 dar year; and inter-library loan requests increased 54 percent. He noted the library is con- tinuing is efforts to build the non-fiction book collection, particularly in the area of small business information. He also indicated that the library now has back issues of magazines on microform, since they recently purchased the necessary equipment from the Library Trust Fund monies. Director of Libraries Cottrell stated the library is now using LaserCat software in con- junction with the Western Library Network and has access to 2.5 mi IIion book titles, noting this I is useful in the reference and inter-library loan programs. Mr. Cottrell then briefly reviewed the library's short-term goals. He noted they wish to expand the hours of operation, to include more evening hours and Mondays. The library also wishes to increase the types of materials contained in the collection. The Director of Libraries noted that at the present time, the library has one volume per capita; and national standards recommend two per capita. He then indicated the children's librarian currently works thirty hours per week; and they wish to expand that to a forty-hour position. Steve Cottrell then not- ed that the library's reference collection is small; and they can provide only limited service. He indicated a desire to expand the reference collection so that reference items can be addressed more efficiently. Director of Libraries Steve Cottrell stated the library appreciates the support which the City Commission has provided over the years. Mayor Stiff noted in the comparative statistics contained in the information distributed, that Billings turns over its volumes around one and one-half times per year with 277 ,000 volumes and 445,000 circulation, while Bozeman turns its 44,000 volumes over nearly five times a year with 212,000 circulation. Director of Libraries Cottrell noted that is correct. He then indicated the City has a good system for weeding its collection, eliminating those books for which there is little or no demand. Chairman Edna Berg stated that Billings has been designated as the warehouse for all old books. She noted that when books are weeded from the active libraries, one copy is sent to I Billings so that not all copies of the books are destroyed when they become less in demand. He indicated that does distort the figures slightly. Commissioner Vant Hull asked if the library has adequate room to maintain two volumes per capita. The Director of Libraries indicated that the original plans for the building show shelving where some of the tables and seats are currently located. Commissioner Hawks asked about the County's formula for funding of the libraries, expres- sing concern that it may not be fair. Director of Libraries Cottrell stated that a county may levy up to 5 mills to support li- braries; and Gallatin County currently levies 1.5 mills. He noted that the County distributes an amount equal to one-half the budget to the libraries in Belgrade, Manhattan, Three Forks and West Yellowstone; and the remainder goes to Bozeman. Commissioner Hawks then asked about the possibility of having the library open on Sun- day afternoons for those with busy schedules. The Director of Libraries indicated that does not seem to be a prime time; however, if monies were available, the library could be open then as well as evenings. City Manager Wysocki asked how many volunteers are currently working at the library. Mr. Cottrell stated that forty volunteers currently work about sixty hours per week. He noted that due to supervisory constraints, that appears to be about the maximum number of hours for volunteer assistance. Commissioner Goehrung asked about other funding sources for the library. I Steve Cottrell indicated that the Friends of the Libraries does support the library, but not through fundraising activities. The American Association of University Women conducts a semi-annual book sale, with the proceeds donated to the library. He further noted the library does have a Library Trust Fund available. He also noted the Public Library Foundation was formed five years ago; however, they have not yet pursued fundraising activities. City Manager Wysocki noted the library's operations bUdget is currently $230,000; and the debt retirement is approximately $140,000 per year. He then indicated the County contributes $42,500; however, county usage averages almost 50 percent of the total. 02-01-88 . 61 The Commission thanked Director of Libraries Cottrell for his presentation. Recess - 3:25 p.m. Mayor Stiff recessed the meeting at 3:25 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. I Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the sched- uled public hearing. This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Three Rivers Disposal to allow the construction of a 10, OOO-square-foot bui Iding to house a garbage transfer station on Tract 1, Certificate of Survey No. 1363. The subject prop- erty is more commonly located in the southwest corner of the intersection of Pear Street and L Street. City Manager Wysocki noted that included in the packet was a letter from Lowell Springer, architect representing the applicant, requesting that this public hearing be continued until they have had an opportunity to submit additional information. He then recommended that the Commis- sion open and continue the public hearing per that request. Mayor Stiff opened and continued the public hearing per the applicant's request. Adjournment - 7:08 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROB I N L. SULLlV AN Clerk of the Commission I 02-01-88