Loading...
HomeMy WebLinkAbout1987-12-14 SOU MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 14, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 14,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Stiff, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Com- mission Sullivan. Commissioner Martel was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mi nutes It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of December 7, 1987 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Jr. - Tract 1, COS No. the sout east corner 0 the This was the time and place set for the decision on the Zone Map Change requested by Philip Saccoccia, Jr. to change the zoning designation from AS, Agricultural Suburban, to R-3, Residential--Medium-density, and M-1, Commercial--Light Manufacturing, on Tract 1 of Certi- ficate of Survey No. 1215. The subject property is located in the northwest one-quarter of Sec- tion 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue extended. City Manager Wysocki reminded the Commission that they had conducted the public hear- ing on this application at last week's meeting. He noted that the Zoning Commission has recom- I mended that a liT ,II Transitional, designation be placed on the M-1 zone; and Dr. Saccoccia has submitted a letter of protest to that recommendation, dated December 4, 1987. He stated that, since the public hearing was conducted, the staff has determined that three of the four elements of concern can be addressed through other processes currently available. Mayor Mathre noted the major issue to be addressed in this item is the addition of the IITII designation to the applicant1s request. Commissioner Vant Hull stated that she would prefer to delay action on this item until a full Commission is present. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that action on the request for a Zone Map Change submitted by Philip Saccoccia, Jr. to change the zoning desig- nation from AS, Agricultural Suburban, to R-3, Residential--Medium-density, and M-1, Commer- cial--Light Manufacturing, on Tract 1 of Certificate of Survey No. 1215 be tabled for a period of one week until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Decision - objectives for ad hoc committee to review business license ordinance City Manager Wysocki reminded the Commission that the Mayor had requested this item be placed on the agenda. He then submitted to the Commissioners a memo from Commissioner Martel listing his suggestions for composition and objectives for the ad hoc committee. Mayor Mathre stated that she thought initial discussions should be conducted on what the I Commission wishes from the proposed ad hoc committee, noting that action will probably not be taken to form the committee until after the first of the year. The Mayor then stated she has heard comments and concerns that prior to the public hear- ing, the business community was not allowed to participate in discussions concerning revision of the business license ordinance. She noted, however, that the Commission did not participate in those discussions, either. She also indicated that during those meetings when the Commission discussed the revisions to be made to the ordinance, the public was allowed to participate after the Commission discussion had been concluded; then the public hearing was conducted; and a 12-14-87 501 new public hearing has been scheduled for next week. She then suggested that an ad hoc com- mittee be formed to continue review of the business license ordinance. Commissioner Stiff stated that he feels until the Commission has made a decision on the proposed revisions to the business license ordinance, it would be inappropriate to appoint an ad hoc committee. He then suggested that the composition of the committee should be representative of those who pay business license fees, possibly with representatives from the City adminis- I tration in attendance, and suggested that the City may wish to appoint a hearings officer. He noted that City input could be limited until after the committee has completed its process. Commissioner Vant Hull reminded the Commissioners of the process which had been fol- lowed for the tax increment financing district proposal, noting that item had come from a com- mittee of businessmen. She suggested that cooperative efforts between the City and the busi- ness community might be more successful than attempts by only one body or the other. The Com- missioner then stated she feels it is important to get individuals who are wi lIing to work with the City, not fight it, on the committee. Commissioner Stiff noted that during review of the business license ordinance, one item to keep in mind is whether the proposed revisions would result in a shortfall in revenues. He noted that any shortfall in those revenues would result in an increased burden on taxpayers and questioned whether that would be appropriate. Mayor Mathre questioned whether a conflict of interest would arise from having a com- mittee composed of members from the business community, with a definite interest in the out- come, reviewing the business license ordinance. Commissioner Stiff stated that he accepts the $100,000 in revenues generated from the busi- ness license fee as realistic to cover City services. He noted that if the committee were in- formed that the total amount must remain the same, he feels the businessmen could appropriately address the issue; however, he would have problems with any possibility of their reducing that total. Mayor Mathre stated she feels it is important for the Commission to identify what it wishes I to receive back from the committee. She noted this should provide a guideline for them as well as avoid the frustration which could occur from them submitting something unacceptable to the Commission. Commissioner Vant Hull stated she feels the Commission should act on the proposed revi- sions before them prior to the first of the year; however, she feels appointment of a committee to review the entire ordinance should not be acted upon until after the new Commission has been seated. Mayor Mathre stated concurrence with that proposal. She noted, however, that the scope of discussion should be defined prior to appointment of the committee. She then asked that this item be placed back on the agenda for discussion after the first of the year. - amendin Sections of the Bozeman Municipal Code re reservation City Manager Wysocki presented Ordinance No. 1252, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1252 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING ORDINANCE NO. 1180 AS CODIFIED IN SECTIONS 2.80.050 AND 2.80.060 OF THE BOZEMAN MUNICIPAL CODE, PERTAINING TO MEM- BERSHIP ON THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION. The City Manager reminded the Commissioners that under the existing ordinance, specific criteria have been establ ished for various positions on this board; and this has created problems I in filling vacancies at various times. He noted that under the revisions contained in this ordi- nance, residency requirements would be somewhat liberalized by allowing the historic district rep- resentatives to live in any of the districts rather than in a specified district. He also noted that the membership of the board would be expanded from nine to eleven members by adding two at-large representatives. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1252 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission provisionally adopt Ordinance No. 1252, revising Sections 2.80.050 and 2.80.060 of the 12-14-87 50:1- Bozeman Municipal Code, to increase the membership of the Historic Preservation Advisory Com- mission and to change requirements for membership, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Commission Resolution No. 2686 - certifying delinquent special assessment installments to the County City Manager Wysocki presented Commission Resolution No. 2686, as reviewed by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2686 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30,1987, AND UNPAID AS OF THAT DATE, DE- LI NQUENT, AS PROVI DED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. The City Manager stated that this resolution certifies those special assessments delinquent as of November 30, 1987 to the County for collection. He then recommended that the Commission adopt the resolution. Commissioner Vant Hull noted that her name appears on the list; however, she did pay her assessment, plus penalty and interest, on December 1. She indicated that this was simply an oversight. Administrative Services Director Gamradt stated that about 5 percent of those on the list have paid their assessments as of this date. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2686, certifying delinquent assessments as of November 30, 1987, to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Board of I nvestments I NTER- I City Manager Wysocki presented Commission Resolution No. 2687, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2687 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING PARTICIPATION IN THE BOARD OF INVESTMENTS INTERMEDIATE TERM CAPITAL PROGRAM. The City Manager stated that this resolution would authorize the City's participation in the I NTERCAP Program. He indicated that if this resolution is adopted, it would authorize bor- rowing $284,200 for the purpose of remodeling the Swim Center, which is currently being com- pleted. He noted that through I NTERCAP, the City is able to borrow monies to cover the entire cost of the project at 5.625 percent interest plus the participation fee; and will then be able to invest those monies at a higher percentage of interest until they are expended. He then recom- mended that the Commission adopt Commission Resolution No. 2687. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission adopt Commission Resolution No. 2687, authorizing participation in the Board of Invest- ments I NTERCAP Program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Introduction of new Planning Director I Mr. Ron Brey, Zoning Administrator, introduced Mr. Andy Epple, the new Planning Di- rector, to the Commission. He noted that Mr. Epple has just relocated from Kalispell; and prior to that he worked in Livingston and Big Timber. The Commission welcomed Mr. Epple to the City staff. Appointments to the Board of Adjustment (3) City Manager Wysocki stated that Clerk of the Commission Sullivan has submitted a memo to the Commission listing those who have applied for positions on the various boards and com- 12-14-87 503 missions, which include this agenda item as well as the succeeding eight items. Mayor Mathre noted that several of the boards listed have more vacancies than applicants listed. She noted in those instances, the Commission usually directs the Clerk of Commission to readvertise those positions, deferring appointments until after the deadline for new applications. Following discussion the Commissioners concurred that they would reappoint those incum- bents who have submitted applications, with the remainder of the positions to be filled until all I Commissioners are present or after the readvertising period has been concluded. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission reappoint James E. Banks to the Board of Adjustment, with a three-year term to expire on December 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Mayor Mathre requested that the appointment of one new member be placed on next weekls agenda when a full Commission is present, so that the board will have four members with which to conduct its January meeting. Appointments to the Board of Appeals (1) Mayor Mathre reminded the Commissioners that one of the requirements for serving on this board is that the individual have experience in one of the trades, i.e., plumbing, electrical or construction. She noted that neither of the applicants listed meets those qualifications and requested that this vacancy be readvertised, with a listing of the qualifications necessary. Appointments to the Art Advisory Committee (1) Mayor Mathre asked when this committee last met, questioning whether it is serving a pur- pose or whether that purpose no longer exists. Commissioner-Elect Goehrung, member of the committee, stated that it last met in the spring to address a request from the Library Board of Trustees. He then reminded the Commis- sioners that during his presentation to the Commission earlier this year, he had suggested that I the committee may become more active during planning for the Centennial celebration. He sug- gested that if the committee does not become more active during that period of time, then it may be appropriate to consider disbanding it. Clerk of the Commission Sullivan indicated that the letter she had sent to the board mem- ber whose term is expiring has been returned; and she has not yet been successful in con- tacting the individual. The Mayor requested that this item be placed back on the agenda for consideration after the current member has been contacted. Appointments to the Cemetery Board (3) Mayor Mathre noted that one of the incumbents has reapplied. She then requested that the additional two positions be readvertised. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission reappoint Kenneth E. Monroe to the Cemetery Board, with a three-year term to expire on December 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Appointments to the CDBG Loan Review Committee (1) Mayor Mathre noted that the memo indicates that, although the Commission has voted to expand the membership from five to seven members, the Resolution needed to enact the change has not yet been adopted. She then asked how important it is to fill the one vacancy which I exists on the committee at this time. Following a brief discussion, the Commission requested that this item be placed on next weekls agenda, when a full Commission is present. Appointments to the City-County Planning Board (2) Mayor Mathre noted that several applicants are listed for this board, including the two who are currently serving. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission reappoint James E. Banks to the City-County Planning Board, with a two-year term to 12-14-87 ------- ------------ -...-..- ------ 50~ expire on December 31, 1989. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission reappoint Stephan G. Custer to the City-County Planning Board, with a two-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, I none. Appointments to the Recreation Advisory Board (4) Mayor Mathre stated that one of the four incumbents has submitted an application for re- appointment. She further noted that only three applications have been received for the four va- cancies and requested that the Clerk of the Commission readvertise the vacancies. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission reappoint Amanda Cater to the Recreation Advisory Board, with a two-year term to ex- pire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Appointments to the Senior Citizen Advisory Council Mayor Mathre noted that the Senior Citizen Advisory Council submits a recommended slate of members but has not yet done so. She requested that this item be placed back on the agenda after that recommendation has been received. Appointments to the Zoning Commission (3) Mayor Mathre stated that the memo indicates several people have applied to serve on this commission. She noted that one of the incumbents has submitted an application for reappoint- ment. Clerk of the Commission Sullivan indicated that the other two incumbents submitted their I applications this morning. She noted that the letter to one of those individuals was mailed to the wrong address, but it was not returned. She indicated the problem was not known until Fri- day afternoon, which was after the deadline for applications. The Clerk then noted that the other individual did receive his letter, but did not return the application until today. Following discussion, the Commissioners concurred that they would reappoint the one whose application was submitted prior to the deadline; however, they determined that the other two applications should be held until after the readvertising process has been completed. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission reappoint James E. Banks to the Zoning Commission, with a two-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Claims City Manager Wysocki presented to the Commission a listing of claims for the past two weeks. He then recommended that the Commission approve the claims as listed, and authorize and direct the Director of Finance to pay same. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission approve the claims as listed, and authorize and direct the Director of Finance to pay same. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FY I Items I City Manager Wysocki presented to the Commission the following IlFor Your I nformationll items. (1) A letter from Ms. Jean Clem concerning specific intersections which she feels are hazardous. He indicated this item has been referred to the staff, noting that they are in the process of reviewing all of the intersections. (2) A letter from Michael J. Lilly, attorney for Dalton Burkhalter, concerning closure of Lincoln Street. The City Manager indicated that he feels the City has followed the proper 12-14-87 505 procedure for notifying Mr. Burkhalter that he must remove obstructions from the public right- of-way. (3) The City Manager indicated that the Loan Review Committee will review applications for Community Development Block Grant economic development monies tomorrow evening at 7: 00 p.m. at City Hall. (4) The City Manager stated that Commissioner Stiff had asked him if there were any I new items to report concerning relocation of the post office. He noted that a conversation with Mr. Merle Harding, Post Master, indicated there was nothing new to report. (5) The City Manager then indicated that staff members, along with legal counsel, ap- peared before the Water Court this morning, to address Dr. Chemodurow1s numerous claims for water. (6) The City Manager stated that the well at Bogert Park has been completed. He noted the well is 165 feet deep and produces about 125 gallons per minute. He noted the water can be used for drinking, ice control this winter, and filling the swimming pool next spring. Public discussion (1) Mr. Jerry Perkins stated the Legislative Affairs Committee for the Chamber of Com- merce met at noon today; and some concerns were raised about the appointment process to the various boards and commissions. He noted that the memo concerning those items showed that several persons applied for some of those boards, yet it appears the incumbents have the edge in that process. He suggested that the Commissioners may be missing some good expertise by not selecting some of those listed. Commissioner Vant Hull stated she had reviewed all of the applications submitted; and she feels those incumbents who have been reappointed were the most qualified individuals. She then stated that the County appoints five of the City-County Planning Board members; and they have removed all businessmen and suburbanites and have appointed strictly ranchers. She suggested that the Chamber may wish to approach that body as well. I Former Commissioner Jordan noted that two years ago, the Commissioners did replace incum- bents on some of the boards and commissions; and they received a lot of negative comments from that action. Mr. Perkins indicated that the deadline for applications for County boards is December 31; and they will be watching that process as well. (2) Commissioner Vant Hull noted that during an earlier agenda item, composition of a committee to review the business license ordinance was discussed. She then asked former Com- missioner Jordan if the work committee format used by the City of Great Falls might provide an opportunity for such discussions. Former Commissioner Jordan stated that the City Attorney prepared ordinances for Com- mission consideration. He also noted that the work sessions held were for review of upcoming agenda items and items such as those covered under "For Your Information" Items. (3 ) Mayor Mathre congratulated former Commissioner Dennis Jordan on his new position as City Manager of Litchfield, Michigan. Adjournment - 3:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission 12-14-87