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HomeMy WebLinkAbout1986-12-29 U35 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 29, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 29, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of si lence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of December 15, 1986, as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the minutes of their regular meeting of December 22, 1986, as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Decision - Preliminary Plat review - Blue Grass Meadow Subdivision, Phase I - Larry Kunz - 25.8 acres located in the NW! of Section 20, T2S, R5E, MPM (one-half mile southwest of the intersection of Gooch Hill Road and Stucky Road) This was the time and place set for the decision on the preliminary plat for Blue Grass Meadow Subdivision, Phase I, requested by Larry Kunz for 25.8 acres located in the northwest one-quarter of Section 20, Township 2 South. Range 5 East, Montana Principal Meridian. This site is more commonly known as being located one-half mile southwest of the intersection of I Gooch Hill and Stucky Roads. City Manager Wysocki reminded the Commission that they had received the Staff Report and a presentation from the applicant at last week's meeting. He then submitted to the Commissioners a memo from City Attorney Becker addressing the question of whether the zoning designation would take precedence over the Master Plan's land use designation. He further reminded the Commission that they have received a recommendation for approval, subject to ten conditions, from the City-County Planning Board; Assistant Planner Skelton has submitted a subsequent memo suggesting that one more condition be added; and he has recommended that Condition No. 9 be slightly revised. City Attorney Becker reviewed his memo, noting that under Montana law the Master Plan is to be the regulating document, with the zoning designation being tied to that document. He noted, however, that in 1980, the subject parcel was rezoned from AS to RS-2 at the request of the property owner; and a corresponding amendment was made to the Master Plan. When the new Master Plan was adopted in 1983, that property was again designated as agricultural; and no subsequent amendments have been made. The City Attorney then cautioned the Commission about restricting someone's use of the property when they have a legitimate right to expect that usage, noting that a property owner has the right of expectation to use the property as zoned. He noted that he sees a risk if the City tries to deprive the developer of using the property in a manner that complies with the zoning. He further cautioned the Commission that any attempt to rezone the property in a manner that would restrict its use could result in a liability to the City, unless it can be shown I that the rezoning is II... to promote the public health, safety, welfare or morals ... II. City Attorney Becker then cautioned the Commission that the public hearing on this preliminary plat was conducted before the City-County Planning Board; and only information submitted during that public hearing may be considered in the decision-making process. Commissioner Jordan asked if it would be possible to put a time limitation on any re- zonings to ensure that development would be done in a relatively short time rather than having the land sit vacant for several years, and effectively causing a future Commission to make a decision with which they may not be comfortable. 12-29-86 03C The City Attorney stated he is not sure that a time limitation could be covered in an ordinance or a resolution. Mayor Mathre briefly reviewed the Commission action taken in 1980. She noted at that time, there were several ten-acre tracts being developed around the county; but at the same time a lot of interest was being shown in preserving the agricultural land. She noted that it was determined that more intense development would help to preserve the agricultural land. She then noted that Aspen Basin Subdivision had been approved, and irrigation of the land I would be difficult after the Court decision; so. following debate, it was determined that the subject parcel was not really agricultural land. The Mayor stated that since then, a new Master Plan has been adopted that discourages small lot development in order to facilitate redevelopment if annexation were to occur. Commissioner Vant Hull noted that the staff has indicated that if the current zoning designation had not been in place, their recommendation would have been different. She then suggested that perhaps the public interest is not being met if this preliminary plat is approved. She also expressed grave concerns about the fact that the Commission does not conduct public hearings on preliminary plats, noting that she feels these actions are as important as zoning actions. The Commissioner then stated that she will vote against the proposed preliminary plat because she feels that the neighbors have rights and legitimate concerns. Commissioner Stiff stated he feels there is a need for a City-generated inventory of lots in the jurisdictional area as well as the city, so the Commission is not required to rely on information submitted by the applicant. He noted that the fact that the zoning is different from the Master Plan designation is a problem; but he feel s it has been adequately demonstrated that the zoning takes precedence. Commissioner Martel expressed concern about the public interest criteria, but he noted that there is a time and place for expressing those concerns; and that time has passed. Commissioner Jordan stated support for Commissioner Vant Hull's concerns; however, he feels that he must represent the City, taking the law into consideration in making his decisions. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission I approve the preliminary plat for Blue Grass Meadow Subdivision, Phase I, subject to the condi- tions recommended by the City-County Planning Board and the staff as follows: 1. Montana Department of Health and Environmental Sciences approval shall be obtained prior to final plat approval. 2. That the applicant document the payment of the $35.00 per lot fee to the Rae Volunteer Fire Department. 3. That the protective covenants and restrictions of the Homeowner's Association more clearly define the maintenance and improvement of all common areas within the subdivision, and that it be reviewed and approved by the Planning Office prior to final plat approval. 4. A IINo Access" strip be noted and delineated on the final plat along the east property boundaries of Lot 1 and Lot 11 of the subdivision. 5. The applicant document the appraisal and payment to Gallatin County for cash-in-lieu of dedicated park land for Phase I of Blue Grass Meadows Subdivision. 6. That the applicant and Planning Staff complete details that a fill point be established within the subdivision to refill water tankers, or the applicant agree to participate in the development of a year-around water fill site at Minder Pond. 7. That a notation be placed on the final plat regarding the high ground- water on the property. 8. The title of the plat shall be changed to read IIPhase I of Blue Grass Meadows Subdivision." I 9. That Joe's Way be improved to an acceptable gravel road county standard, from its termination point in Aspen Basin Subdivision to Comfort Way in Phase I for use as a secondary access road prior to final plat approval. 10. That, if in fact, the irrigation ditch crossing Phase I of Blue Grass Meadow Subdivision is rerouted, the reconstruction of the ditch shall be such that the carrying capacity will maintain or exceed that of the existing ditch and will terminate at the same location on the north boundary of Phase I. 12-29-86 037 11. That, if the plat is to be filed prior to all improvements being installed and approved by the City of Bozeman, the developers shall enter into an improvements agreement with the City of Bozeman, and that it is to be secured by an acceptable method of security equal to the amount of the installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved as per Chapters 16.26 and 16.42.030, prior to the submittal of the final plat. The improvements agreement shall contain a construction time schedule and a method for the inspection of the improvements installation. Further, the improvements I agreement shall identify the phased development of the subdivision and appropriate time frames. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Vant Hull. Mayor Mathre asked if the Commission is interested in discussing whether to conduct public hearings on preliminary plats. The Commissioners indicated they are interested in dis- cussing the matter; and the Mayor requested this item be placed on the agenda. Applications for renewal of Beer, Wine and Liquor Licenses for Calendar Year 1987 - various establishments This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1987. A total of 23 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establishments which have made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1987 APPLICANT BEER WINE LIQUOR TOTAL - Alpine Sinclair $200.00 $ $ 200.00 B.P.O. Elks Club No. 463 500.00 500.00 I CAM, Inc., (dba Little Big Men Pizza) 200.00 $200.00 400.00 Casa Sanchez 200.00 200.00 400.00 Chalet Market of Bozeman, Inc. 200.00 200.00 200.00 Conoco Travel Shoppe 200.00 200.00 GranTree Inn 500.00 500.00 Jim Bob1s Produce Market 200.00 200.00 400.00 Karl Marks Pizza and Next Door Saloon 200.00 200.00 400.00 Little John's Bar 500.00 500.00 Mini-Mart #728 200.00 200.00 400.00 Mini-Mart #729 200.00 200.00 400.00 Nester Corporation (dba The Union Hall Restaurant) 200.00 200.00 400.00 O'Brien's Restaurant 500.00 500.00 R & N Corporation (dba The Bozeman Hotel) 500.00 500.00 Red Barn Wine and Cheese Shop 200.00 200.00 400.00 I Rocking R Bar 500.00 500.00 Super America 200.00 200.00 400.00 The Store, I nc. 200.00 200.00 400.00 The Wine Merchant 200.00 200.00 400.00 Valley Greens Restaurant and Lounge 500.00 500.00 12-29-86 038 Willie's Saloon 500.00 500.00 Zoo Bar 200.00 200.00 400.00 T ota I - 23 applications $ 9,600.00 The City Manager recommended that the Commission approve the applications for renewal of Beer, Wine and Liquor Licenses as listed. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- I mission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1987 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Commission Resolution No. 2644 - intent to annex the Saccoccia Parcel (40 acres bounded ~ Baxter Lane on the north, future extension of North 11 th on the east and the future extension of North 19th Avenue on the west) City Manager Wysocki presented Commission Resolution No. 2644, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2644 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. The City Manager reminded the Commission that the staff report on this requested annexa- tion was submitted to the Commission on November 17, 1986. He noted the subject 40-acre tract rounds out the boundaries of the Tschache, Saccoccia and Perkins Annexation, which is currently in the annexation process. He then recommended that the Commission adopt Commission Resolution No. 2644 and set the public hearing date for this requested annexation for February 2, 1987. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2644, stating its intent to annex the Saccoccia Parcel, and set the public hearing date for February 2, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Appointment to Board of Appeals (1) It was moved by Commissioner Stiff, seconded by Commissioner Martel, that Commission appoint Hal Wheat to replace Paul Schofield on the Board of Appeals, with a three-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: thOSE voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - existing business license ordinance City Manager Wysocki presented to the Commission a memo, along with three letters, re- questing that the Commission review specific fees under the business license ordinance. He noted those requests are from City Taxi, I nc., for review of the transportation license fees; from Mandevi lie Auction Service, for review of the auctioneer I icense fees; and from the Gallatin County Fair Board for review of the carnival license fees. He then suggested that the Commission consider each of the requests separately, beginning with the carnival license fees. The City Manager noted that the letter from Mr. Brad Johnson, Gallatin County Fair Board, I suggests that the Commission establish a fee of up to $100 per day for carnivals being sponsored by non-profit entities. He stated that the staff has further suggested that the fee structure for all carnivals be established on a sliding scale, with one to ten units paying $50.00 per day; ten to twenty units paying $75.00 per day; and over twenty units paying $100.00 per day. Mr. Brad Johnson stated that the Fair Board received a percentage of the gross ride re- ceipts after the license fee was deducted, noting that they lost 25 percent of the $2,000 license fee through that process. 12-29-86 J39 City Manager Wysocki noted that payment of the license fee can be accommodated in different ways, depending on how it is negotiated between the parties. He then stated the license fee for carnivals has been high in the past because of the problems they have historically created in a community; however, he feels that the problems may have decreased in the past few years. He then suggested the Commission may wish to consider requiring a bond while lowering the license fee. I Mr. Johnson stated he realizes the potential problems connected with carnivals. He noted, however, that the Fair Board plans to make the carnival an integral part of the County Fair, establishing their own security and control over that function. He indicated that he feels this approach is significantly different and creates less impact on police services than carnivals held in other locations, such as the Main Mall. City Manager Wysocki stated that, rather than differentiating one activity from another, he feels that one license fee should be established for all carnivals, with the fee being based on the size of the carnival. Commissioner Vant Hull asked if the police have had as many problems as they have had in the past. She indicated an interest in lowering the fee to encourage more carnivals to come in since people enjoy them, if the law enforcement problems have declined. Commissioner Jordan noted that to decrease the license fee will decrease the City's revenues. He also questioned how much it would cost to send police or fire personnel if they were needed. The Commissioner then stated support for leaving the license fee at its current level. Mr. Brad Johnson noted that at one point, the Fair Board people were happy if they didn't have trouble with the carnival. He stated that during the six days of the County Fair, they had over 20,000 people attend. He noted they received no complaints on the carnival, but they did receive a number of compliments on the show and its people. He also indicated he is not aware of any demands placed on City services as a result of the carnival; however, the Fair Board did have their own security through the Sheriff's Posse. I I n response to a question from Commissioner Stiff, Mr. Johnson stated that the Fair Board netted about $4,800.00 from the carnival, which was about one-sixth of the total revenues. City Manager Wysocki suggested the Commission next consider the request submitted by City Taxi, Inc., for review of the transportation license fees. He noted that City Taxi pays $220.00 a year for its license fee, which is less than 75 cents per day. The City Manager then suggested that the Commission may wish to address the $150.00 ceiling placed on general retail businesses rather than addressing this individual request. He suggested another option might be to charge a different fee for passenger cars than for the large trucks which are operated under this category. Commissioner Martel suggested that the fee could be based on the GVW of the vehicles, since the law requires that weight be shown on the side of the vehicle. The Commission then requested that the staff review this request, submitting a possible revision on that portion of the license fee that is based on the vehicles. City Manager Wysocki suggested that the Commission consider the third letter, submitted by Mandevi lie Auction. He noted that under the previous license ordinance, the auctioneers were required to purchase a license before each sale; and this ordinance implemented an annual fee at the request of the auctioneers. He stated that Mr. Mandeville feels that the license fee is exorbitant. He then indicated he does not feel that the fee is out of line with other fees , based on the potential use of City services. Commissioner Stiff suggested that review of the total ordinance should be done, rather I than simply considering portions of it. The City Manager stated that the staff will begin review of the entire business license ordinance; however, any changes made will not apply to the upcoming year's licenses, since they are due later this week. The Commission concurred that the request for revision of the license fee for auctioneers should be reviewed as part of an overall review of the licensing ordinance. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the license fees for carnivals remain at the current level of $10.00 per unit per day. The motion carried 12-29-86 ~_.- ._~ .-.".---- 04U by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel and Commissioner Vant Hull. Mayor Mathre requested that a staff report on pOSSible revision of the transportation license fee structure be placed on the agenda for consideration as soon as possible. Break - 3:55 to 4:00 p.m. Mayor Mathre declared a break from 3:55 p.m. to 4:00 p.m., in accordance with Commission I policy established at their regular meeting of March 14, 1983. Discussion - code of ethics for public officials City Manager Wysocki stated the Commission had requested that this item be placed on the agenda for discussion. Mayor Mathre suggested that the Commission walk through the code of ethics that has been adopted by the City of Billings, which includes the code as well as provides for establish- ment of a board of ethics. She noted that a conversation with the Assistant City Manager in Billings revealed that the code of ethics was adopted approximately four years ago. She further noted that this code applies not only to the elected body, but to the employees and advisory bodies as well. The Mayor then stated that, although a board of ethics has been created, no one has ever been appointed to the board. The Commission carefully reviewed each section of the code of ethics with the City Attorney. City Manager Wysocki indicated an interest in reviewing the codes of ethics for some of the other communities in Montana, if any have been adopted. The Mayor requested that any additional information be submitted to the Commission for review and consideration. Discussion - format for evaluation of City Manager City Manager Wysocki submitted to the Commission a copy of the form used during the I last evaluation as well as a copy of the goals which the Commission had established for Fiscal Year 1986-87. Mayor Mathre asked if the Commission wishes to utilize this format again. Commissioner Martel suggested that use of a scale might simplify the process, rather than use of a narrative. He noted it would also provide a measurable evaluation, with a profile being established through the scores from the various Commissioners. Commissioner Stiff stated he feels the City Manager should be evaluated with the current form in place, noting that a change in format could be used in the future if it is established now. Commissioner Jordan noted that Great Falls uses basically the same type of format for evaluation, based on goals and objectives, but it is done in an oral manner in closed session. He then cautioned the Commissioners that they must realize that some of the goals may not have been completed due to budgetary constraints, which reflects back to the Commission and not to the City Manager. Commissioner Vant Hull stated a preference for the narrative type of evaluation rather than using a numeric scale, noting that the narrative provides the reason for a score. Mayor Mathre stated she does not feel that the form should be changed for this evaluation process. She then asked if the Commission would like an update from the City Manager on the status of the various goals prior to completing the evaluation; and they concurred they would. The City Manager indicated that he will place a report on the status of the various goals on the agenda as soon as possible. I Claims City Manager Wysocki presented to the Commission a I isting of the claims for the last two weeks. He then recommended that the Commission approve payment of the listed claims. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the claims as listed, and authorize and direct the Finance Director to issue payments therefor. The motion carried by the following Aye and No vote: those voting Aye being Commis- 12-29-86 u41 sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following IIFor Your I nformationll items. I (1) A copy of the rating summary of the Community Development Block Grant applications as prepared by the Department of Commerce. Commissioner Jordan suggested the City may wish to carefully review that summary and consider the various points when submitting any new appl ication. (2) A copy of the letter from Mayor Mathre to the local legislators concerning Initiative 105. (3) A copy of the "Middle Creek (Hyalite) Dam Rehabilitation Feasibility Study" which was prepared for the Department of Natural Resources and Conservation. The City Manager indicated he will prepare a draft letter for Commission consideration at next week's meeting. (4) The City Manager noted that the City has begun the air quality monitoring process; and the results of that monitoring will appear in the newspaper on a daily basis. (5) Commissioner Vant Hull submitted to the Commissioners an article from the December 17, 1986 issue of the Three Forks Herald concerning the possible location of a rest area near Bozema n . She suggested this article be forwarded to the Chamber of Commerce with encouragement to pursue having the rest area located here rather than Three Forks. (6) Mayor Mathre stated she has put some mail on the files in front of the mailboxes for Commissioner review. (7) Commissioner Martel stated he has completed his report on the N LC Congress of Cities; and copies will be in the Commissioners' mailboxes tomorrow. He also noted he has a packet of information from the meetings as well as twelve cassettes which he will leave near the mailboxes for Commissioner review. I Adjournment - 5:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, 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 Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 12-29-86