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HomeMy WebLinkAbout1987-05-26 219 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 26, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, May 26,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Stiff, I Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Jordan was absent. The meeting was openecl with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of their regular meeting of May 18. 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Absence of Commissioner Jordan from this meeting It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that Commissioner Jordan be excused from this meeting in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel. Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. I This was the time and place set for the decision on the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18. 6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. City Manager Wysocki reminded the Commission that they had tabled the decisions on the preliminary plat and the Conditional Use Permit requested for Spring Meadows Subdivision so that a full Commission would be present. He then noted that Commissioner Jordan is absent from this meeting and suggested that the Commission may wish to table the decisions for a period of one week so that the entire Commission is present during these decision-making processes to remain consistent with last week's action. Long Range Planner/Subdivision Administrator Marcia Elkins stated that next week's meet- ing falls within the statutory sixty-day limit from date of application until action is completed; however, that time limit expires before the next Commission meeting. Commissioner Stiff stated he feels the Commission is honor bound to table action until all of the Commissioners are present, since they had previously tabled the decision for that same reason. He then expressed concern about delaying a decision after the public hearing has been closed because citizens attempt to provide additional input. although the Commissioners cannot accept that information. I It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that action on the preliminary plat requested for Spring Meadows Subdivision be tabled until next week1s meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. This was the time and place set for the decision on the Conditional Use Permit requested 05-26-87 220 by Spring Meadows Partnership to allow the development of Spri~g Meadows Subdivision, a residen- tial planned unit development utilizing developmental guidelines, including single-family, multi- family, congregate and retirement care dwelling units. The subject site consists of a 18. 6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development. and west of the Valley View Golf Course. I City Manager Wysocki recommended that the Commission table action on this item also, to remain consistent with action taken on the above agenda item. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that action on the Conditional Use permit requested for Spring Meadows Subdivision be tabled until next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Decision - Zone Code Amendment - amend Section 18.50.150 of the Bo_zeman Municipal Code - limiting the height of fences along a linear park ~o fou':J.!_et in the rear yar_d setbacks This was the time and place set for the decision on the Zone Code Amendment to amend Section 18.50.150 of the Bozeman Municipal Code. limiting the height of fences along any linear park to four feet in the rear yard setbacks. Mayor Mathre asked the Commission if they wished to table action on this item until next week's meeting also, when a full Commission will be present. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission table action on this Zone Code Amendment until next week's meeting, when a full Com- mission is to be present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Report from Chair~~_~!.e:.e.'2~!:! C~~te,=- re City-County Planning B~~9.....!~~tions and activities I City Manager Wysocki stated that Mr. Stephan Custer is present to provide the Commis- sion with a brief review of the City-County Planning Board's functions and activities . He reminded the Commissioners they had requested that the chairmen from the various boards and commissions provide reports to the Commission prior to the appointments being made the end of June as a result of one of the Study Commission's recommendations. Mr. Stephan Custer distributed to the Commission a brief outline of the various Planning Board activities. He reminded the Commission that the board is administrative, with the City Commission appropriating the monies to fund the planning activities. He then reviewed the written outline. Mr. Custer noted that the City-County Planning Board reviews planning activities within the city limits as well as a 4t-mile jurisdictional area around the city, the boundaries for which were established in 1957 with only slight expansion since then. He noted that the Board is comprised of nine members, briefly reviewing the statutory method of fi lIing those positions. Mr. Custer stated that the Board is responsible for supervising its employees, which include planners, a secretary and building inspection personnel following a recent reorganization. He noted the same department is now responsible for enforcement of the planning and zoning decisions, which should be more effective. He indicated that the Planning staff is responsible for Master Plan formulation, update, implementation, amendment and enforcement; subdivision review; and annexation review. He also noted that the Planning staff reviews zoning items, making sure that those applications and requests comply with thE Master Plan. I Stephan Custer stated that the Planning staff is responsible for other functions also, including the Community Development Block Grant program and the historic preservation program. He noted that those functions address different aspects of the Master Plan, so they are most appropriately addressed in this manner. Mr. Custer then reviewed the priorities for next year, noting that day-to-day operations set:m to be taking precedence over long-range planning items. He noted that during the upcoming year, in addition to the day-to-day activities. the Planning staff will attempt to address the three-year update of the Master Plan, performance zoning, Zone Code Amendments to bring that 05-26-87 22i document into compliance with \he Master Plan, review of the AS zoning outside city limits. trans- portation planning, and seeking ways to more effectively interface with the County Commission. Stephan Custer then stated that planning and zoning are viewed from a negative perspec- tive; and he feels it is important to present those items in a more positive manner. Mr. Custer stated that transportation planning is important and encouraged the Commis- sion to address the roadway system as rapidly as possible. He noted that proposals for new I development impact the roads, many which are not adequate to handle existing traffic, let alone the additional traffic which will be generated. Commissioner Martel asked how compensation is set for the Planning staff, since that function is funded through both City and County funds. Mr. Custer noted that process results in delicate balancing. He noted that, although the City-County Planning Board is basically autonomous, it must submit its budget to the City Commis- sion as well as the County Commission for approval and funding. He further noted that any salary adjustments for the Planning staff are kept as close to those for other employees as possible. Commissioner Martel noted that developers perceive the Planning Board as having a negative attitude and asked how that could be changed. Mr. Custer stated that a review of actions taken on recent applications submitted reveals that most of those applications have been approved. many of them with conditions to ensure develop- ment which will enhance the area. He further noted the Planning Board has attempted to streamline the hearing process, recently conducting combined meetings with the Zoning Commission so that all aspects of a development may be considered at one time. Following further discussion, including questions and answers, Mayor Mathre thanked Mr. Custer for his presentation. Report from Chairman Jeff Rupp re Zoning Commission functions and activities City Manager Wysocki stated that Mr. Jeff Rupp is present to address the Commission concern- ing the Zoning Commission's functions and activities. I Mr. Jeff Rupp stated one of the main issues that the Zoning Commission deals with is neigh- bors who do not fully understand the zoning regulations; and public education becomes an important factor and part of their business. Mr. Rupp noted that the Zoning Commission deals with Zone Map Changes, which often raise neighborhood concern. Another item is Zone Code Amendments, which may have a domino effect if not carefully considered. Jeff Rupp stated that the Zoning Commission is attempting to streamline the public hearing process to make it easier for the developer; however, adequate opportunity must be given for public input during that process. ~e noted that the two joint meetings which have been held with the Planning Board have resulted in lengthy hearings; and the following agenda items have probably not received the careful attention they should have had. He noted that possibly those joint hearings should be limited to the one development which requires both boards' recommenda- tions. Mr. Rupp noted that one item under review at this time is the "T" designation. He stated that revision of the manner in which applications for permits to develop properties within the "T" districts are handled is to be considered. Jeff Rupp then expressed frustration about responding to citizen complaints about deci- sions which could adversely affect the public health, safety and welfare. He noted that traffic impacts are one important aspect of review; and encouraged the Commission to deal with the City's infrastructure, especially the street system. so it will handle existing traffic as well as traffic from new developments. Mr. Rupp stated that the Zoning Commission is currently being reactive rather than pro- I active; and he feels that process should be changed. He once again encouraged the City to deal with its roadway system, noting that could help the process become proactive. Mayor Mathre thanked Mr. Rupp for his presentation. Report from Chairman Rolf Johnson re Band Board functions and activities City Manager Wysocki stated that Chairman Rolf Johnson is present to submit a report on the Band Board and its functions and activities. Mr. Johnson stated that the Band Board is comprised of two citizens appointed by the City 05-26-87 222 Commission and two officers of the band, usually the president and the executive secretary. He noted that the Band Board servtid under the City Manager for many years, meeting with him once just prior to the beginning of the summer season to review the budget and conduct any other necessary business. He stated that a few years ago. the structure was changed so that the Band Board now serves under the Recreation Advisory Commission, which has been a reasonably satIs- factory situation until this year. He then requested that the Band Board be placed back under the City Manager. I Mr. Johnson stated that the Band Board coordinates the band's activities. He noted the Bozeman Municipal Band is comprised of a band director and fifty musicians. He stated they play nine summer concerts in addition to the CNFR Parade, the Sweet Pea Parade, and the Fourth of July activities. He stated that the City has funded six of the summer concerts; and the Transcription Fund of the Recording Industries, through an agreement with Local No. 709 of the Federation of Musicians, has funded three summer concerts plus the other performances at commu- nity activities. Mayor Mathre noted that most of the boards and commissions serve in an advisory capacity to the City Commission. She then stated that from this presentation, it appears the Band Board is more administrative than advisory; and Mr. Johnson concurred. The Mayor stated she is not aware of any other situation in which one board supervised another; and she does not feel it is an appropriate process. City Manager Wysocki distributed to the Commission a copy of the ordinance which indicates that the Department of Public Welfare is under his supervision. He then stated he had not met with the members of the Band Board until this past week, noting that he was not aware of the annual meetings to which Mr. Johnson referred. He thtm indicated that he feels the band activi- ties can be adequately accommodated under the recreation function. Mr. Rolf Johnson stated he does not feel the band appropriately falls under recreation, noting they are a group of professional musicians who provide entertainment. Mr. Johnson then noted that the band must operate in conformance with the musicians' union guidelines. or they become ineligible for Transcription Fund monies. I Mayor Mathre thanked Mr. Johnson for his presentation. Request for permission to address Commission re band program for this summer - Band BoarE. City Manager Wysocki stated that this item has been placed on the agenda as a result of recent Recreation Advisory Board action, in which the Board recommended that the band's operating budget be decreased from $4,420 to $420 for the upcoming fiscal year. The City Manager further noted that the Recreation Advisory Board recommended that $4,000 be set aside for a new bandshell. He expressed concern about earmarking General Fund monies for such items. The City Manager then distributed to the Commission copies of an agreement between the City of Bozeman and the Bozeman Municipal Band, dated September 1, 1956, concerning the band program. City Manager Wysocki stated that the band provides six to nine concerts during a year, with those performances crossing fiscal years. He noted that there are currently monies in the budget for one or two concerts; however, the band director has indicated he is not willing to spend the time necessary to go through the music selection process, determining which musicians are needed for an evening's performance, if the program is not to be funded after July 1. Mr. Rolf Johnson, Chairman of the Band Board, stated concurrence with the City Manager's comments. He noted that crossing of fiscal years does present a problem, particularly when funding for the program is in jeopardy. Commissioner Martel noted that, although the agreement which has been submitted is more than thirty years old, it has not been superceded or changed by any other agreement. He further I noted that the Code stipulates who is to supervise the band program; and he feels that process should be re-established. The City Manager stated that a review of the agreement he just distributed reveals that it is outdated. particularly in the rates of pay listed per concert and the number of members in the band for anyone concert. He then noted that the agreement stipulates that any intention not to renew must be made in writing not later than May of each year; therefore, the agreement is currently renewed until June 1, 1988. 05-26-87 223 Mayor Mathre reiterated the concern she had expressed during the previous agenda item about having one board supervising another board. She indicated she would have no problem with delegation of supervision to the Recreation Superintendent; however, she does not feel the Recreation Advisory Board should be involved. Commissioner Martel asked if there is any record of the rate changes between the time the agreement was executed in 1956 and now. I Mr. Johnson stated that all rate changes have been approved during meetings with the City Manager; and there should be record of the changes In those minutes. He also noted that the budgets which have been approved by the Commission have reflected those changes in compensation. Mayor Mathre noted that a review of prior years' budgets reveals that the amount appro- priated for the band has declined since 1975, remaining static since 1980. Mr. Johnson stated that the band was not receiving Transcription Fund monies until recently, which is when the City's portion began to decline. City Manager Wysocki suggested that the Recreation Advisory Board address why It sub- mitted its recommendation to the Commission. Mr. Steve Well, member of the Recreation Advisory Board, stated that the Board believes in the band and feel that it is a positive activity. He noted it provides a good community service and should be encouraged to continue. Mr. Wei I indicated, however, that the Board feel s the band Is receiving a disproportionate amount of funding from the City when compared to other recreation programs offered. He noted that most of the recreation programs are operated with one paid individual and volunteers. Commissioner Martel indicated that he feels apples and potatoes are being compared and should not be. Mrs. Jane Davis, member of the Recreation Advisory Board, questioned why the band Is receiving so much money from the City. She encouraged the Commission to review the activity, Indicating she feels it is out of line with the volunteerism reflected in other community activities. I Mr. Charles McGuire, member of the Band Board, stated that the community in which he grew up had a volunteer band; however, it no longer exists. Mr. McGuire reminded the Commission- ers that those who play in the band are professional musicians; and the $10.00 which they receive per concert does not reflect the standard remuneration for the service provided. He then indi- cated that the Tuesday evening performances provide great entertainment for the community. Commissioner Vant Hull noted that everyone wants the band to continue its service; and the only question to be addressed is how the program is to be funded. She then suggested that a "friends" group, similar to the Friends of the Opera and Friends of the Symphony. be established to solicit funding for the program, thus relieving the City's financial obligation in the future. Mr. McGuire stated he is not certain how much funding a "friends" group could raise. He noted that the band has enjoyed financial security to this point; and that type of arrange- ment could erode a portion of that security. City Manager Wysocki asked how Transcription Fund monies are utilized. Mr. McGuire stated that the Local No. 709 of the Federation of Musicians makes applica- tion for this particular program to the Transcription Recording Industries office. He noted that matching funds must be provided locally. The City Manager then asked if Transcription Fund monies will be available in future years. Mr. Glen Welch, Secretary of Local No. 709, stated that eight to ten years ago, the Transcription Fund monies received was about $7.000; and it is now about one-half that amount. He noted that the monies have been set aside through the recording industries to support live I musicians. He then indicated that the monies must be used for a public service, like the City band, and may not be used by private parties. Mr. Mike Cavaness, member of the Recreation Advisory Board, stated it is too late to make a major decision on this issue for the upcoming fiscal year. He noted that the current budget does not comply with the agreement which was entered into in 1956. Mr. Cavaness then stated he has no problem with the amount of monies expended by the band; however, he does have a problem with the amount of City funding provided. Mrs. Judy Rost, business manager for the Bozeman Symphony, stated that the symphony has a strong relationship to the University. She indicated that many of the professional 05-26-87 221t members are faculty at Montana State University, with the symphony being a part of their workload; and some of the others .involved are students on scholarships. She also noted that the music is a part of the MSU music library. Mrs.. Rost then stated that the symphony has operated in a deficit position for th~ past several years. She indicated that if a "friends" group were formed for the band, it would involve the same people as those currently participating in the Friends of the Symphony and the Friends of the Opera. She then cautioned the Commission that to expect the group to help support the band program might be too optimistic. I Mayor Mathre stated she feels the agreement with the band should be updated as soon as possible. Commissioner Stiff asked if there is any way to reduce the band expenses, such as com- bining some of the paid positions or decreasing the amount paid. Mr. Rolf Johnson stated it might be possible to combine positions. He then noted that the band director is currently paid $700 for a season. He stated that, given the hours and amount of work which the director must do to prepare for each concert, he does not feel that amount can be reduced. He noted there may be other positions for which the amount paid could be reduced or possibly eliminated. Mr. Johnson then stated he feels the entire Band Board should be involved in any possible decision on those items. Mr. Johnson then noted that the line item for music has been eliminated because they now use music from the university, high school, and junior high music libraries as well as music from the 46th Army Band, which disbanded several years ago. City Manager Wysocki recommended that the Commission approve funding for this year's activities, encouraging the Band Board to seek ways in which to reduce costs. He also recommended that the agreement be reviewed and updated this fall after the budgeting process has been com- pleted. Mayor Mathre once again raised the issue of having one board under another and asked the other Commissioners how they feel. Following a brief discussion, the Commissioners concurred that the Band Board should not be under the Recreation Advisory Board, but that the operating structure should be revised to meet the Bozeman Municipal Code requirements. I It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that City funding for the band activities remain at the present level for this fiscal year. with the understanding that changes in funding sources may be considerctd this year and/or in subsequent years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, non~. Break - 4:27 to 4:43 p.m. Mayor Mathre declared a break from 4:27 p.m. to 4:43 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - goals for Fiscal Year:._~~81-88 City Manager Wysocki noted that a copy of the summary of responses received frvm the newspaper survey was included in the Commissioners' packets. He then distributed to the Commis- sion a copy of the list of goals which they considered during last year's process, as well as a copy of the Mayor's summary of the goals selected for this fiscal year. Mayor Mathre suggested that the Commissioners review the goals set for this fiscal year, noting that an update on the status of those goals may be beneficial before proceeding with dis- cussion of future goals. She then suggested that the Commissioners review the list of goals established during the two town meetings held at the end of April, possibly concentrating on those goals which were selected as the highest priorities for each night. She further suggested that the Commissioners review the summary of responses from tht: newspaper survey which they I received in this packet. Commissioner Vant Hull suggested that the Commissioners review all of the goals listed from the town meetings as well as the responses to the newspaper summary, particu larly those addressing the second and third questions. She noted that several of those items could probably be addressed with a minimum amount of time and effort, thus eliminating them. The Commissioner further noted that several of the comments reveal a need for public education on City functions, suggesting that might be an important part of this process. 05-26-87 225 The City Manager noted the Commissioners should review all of the information which has been submitted to them, recognizing that their list of goals for the upcoming fiscal year may be substantially different from the lists before them at this time. Following discussion, the Commissioners concurred that all of the information received should be carefully reviewed prior to any open discussion. The Commission also concurred that the discussion process should begin next Monday evening following the public hearings, with the I next session to be held the following Monday afternoon and possibly extending into an evening session. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The water use report for the week ending May 21. 1987. (2) The Zoning Commission agenda and packet for their monthly meeting, which is to be held this evening. (3) The City Manager indicated that he attended an MMIA meeting on Friday. He noted that rate changes will be forthcoming for both the liability insurance and the workers' compen- sation program. Commissioner Vant Hull asked if the 3 percent charge to all employers for the State Workers' Compensation program will affect the cities; and the City Manager indicated he does not know. (4) Commissioner Martel noted he has received several telephone calls concerning the side- walk program, and the short notice given for installation of sidewalks. The City Manager reminded the Commission that this subject has been discussed on several occasions. He also noted that the staff completed the letters as quickly as possible. (5) Commissioner Vant Hull noted that the City of Spokane has published an articie in the newspaper there entitled Spokane meets the Challenge--Our Budget: Di lemmas and Solutions. I The Commissioner stated she will put the article by the Commissioners' mailboxes for review, noting this is a good way in which to distribute information to the public. (6) Mayor Mathre noted that delaying of decisions due to the absence of a Commissioner has not created a problem in the past; however, the number of absences recently show that a j problem could occur. Commissioner Stiff expressed concern that delaying of decisions can create opportunity to fault the process; and he feels that should be avoided if possible. City Manager Wysocki noted that if the vote is very close and the Commissioner coming back is the swing vote, it could put that individual on the spot. He further noted that there are provisions in the law which allow the Commission to conduct business, even if one or two members are absent. He expressed concern that delaying of decisions only increases the length of the agenda from week to week. (7) Mayor Mathre stated she has received a letter from Bruce Smith, Publisher of the Bozeman Daily Chronicle, indicating he has been asked to head a committee to coordinate local activities for the State Centennial. The Mayor noted his letter further requests that one of the Commissioners serve on that committee and asked if there are any volunteers. Following a brief discussion, Mayor Mathre requested this item be placed on next week's agenda for further consideration. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." I Absence of Commissioner Martel from the June 15, 1987 meeting, in compliance with Section 7-3-4322(2}, M.C.A. Approval of Rental Rehabilitation loan, as recommended by the Loan Review Committee It was moved by Commissioner Stiff, seconded by Commissioner Marter, that the Commission approve the Consent Items as listed, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. 05-26-87 22C Adjournment - 5~07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No. none. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission I I 05-26-87