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HomeMy WebLinkAbout1986-10-14 447 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 14, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 14, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Martel, Commissioner Vant Hull, City Manager Wysocki and Clerk of the Commission Sullivan. Commissioner Jordan and Commissioner Stiff were absent in compliance with Section 7-3-4322 (2). The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items be re- moved for discussion. Commissioner Martel requested that the loans for the CDBG program and the agreement for professional engineering services for SID No. 652 be removed for discussion. Minutes It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of October 6, 1986, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Review of Final Strategic Plan - Doris Fischer, Gallatin Development Corporation City Manager Wysocki stated that Ms. Doris Fischer has requested an opportunity to review the final strategic plan for economic development with the Commission. Ms. Doris Fischer, Gallatin Development Corporation, reminded the Commissioners that approximately one year ago, they authorized the GDC to conduct a year-long economic development program through the Montana Certified Cities Program. She noted that they have now fulfilled all of the requirements set by the State of Montana Department of Commerce and the Montana Ambassadors for gaining the certified cities designation. She stated that the City wi II receive I that designation next Wednesday evening in Helena. Ms. Fischer noted the most important result of this past year's work is the development of a final strategic plan for economic development, entitled "Bozeman Charts its Future, a Strategic Plan for Local Economic Development." She then requested that the Commission endorse the strategic plan for future local economic development activities, bringing attention to two areas which directly involve the city government. She stated the plan refers to a local govern- ment liaison; and the Gallatin Development Corporation recommends that a staff person be desig- nated as the contact person for the local business community. Ms. Fischer stated the cost for this portion of the program is estimated at $4,000, which would be an in-kind contribution from the City to the overall program. The second item addresses financing for the program. Ms. Fischer noted that the City has adopted a Resolution to place the issue on the ballot in November of a one-mill levy for economic development each year for the next five years. She requested that the Commission also act to channel those monies to the Gallatin Development Corporation to help fund the expenditures for this actiVity if the mill levy is approved in November. She then noted that the proposed budget for Fiscal Year 1988 is $76,000; and future budgets are anti- cipated to range from $75,000 to $100,000, noting the only element not covered in those figures is an external tourism marketing plan. Doris Fischer invited the Commissioners to participate as leaders of Bozeman's delegation to the banquet for the Certified Cities Program in Helena on Wednesday, October 22. She noted the function will be held at the Colonial Inn, with the banquet to begin at 7:00 p.m. Commissioner Vant Hull asked Ms. Fischer if she feels that Commission endorsement of I this strategic plan will help gain support for the ballot issue; and Doris indicated she feels it definitely will. She noted that the plan outlines nine specific project areas for economic development. She then indicated that the Board for the GDC is planning a door-to-door campaign the week before the election; and such information would be very helpful in that campaign. Commissioner Martel asked how many cities are involved in the Certified Cities Program and how many wi II obtain that status next week. Ms. Fischer stated fifteen communities wi II receive certification. She then noted that Bozeman has been commended by the Department of 10-14-86 448 Commerce staff for the extent to which the community has complied with the original standards for certification. Commissioner Martel then asked if the plan is available at a number of sources for those members of the general public who wish to obtain copies or review a copy of the document. Doris stated that copies are available at City Hall, the Chamber of Commerce and the Gallatin Development Corporation office. She then indicated she will place a copy or two of the document at the Library for public review. I Commissioner Martel questioned how the monies generated through the mill levy will be used. Ms. Fischer stated that the GDC will submit a proposed budget to the Commission; but the Commission will have the final determination in how those monies will be utilized. She then noted that the Fiscal Year 1987-88 budgeting period will be the first time that occurs, since the mill levy will not go into effect until then. Mayor Mathre asked if the liaison position has been discussed with the City staff. City Manager Wysocki indicated it has been discussed, noting that the initial contact offices are usually the planning and zoning office or his office. He then noted that the individual desig- nated for this position would be responsible for addressing questions on policy and procedure as well as helping the interested individual or company in dealing with other departments in the City or setting up initial meetings with other entities. Commissioner Vant Hull expressed concern that the CI27 could eliminate the one-mill levy for this function and asked if an alternative for funding is available. Ms. Fischer stated that the mill levy would generate about one-third of the needed revenue. She then noted this item will be addressed at the next Board meeting, reminding the Commission that several revenue sources will be sought for the economic development activities. Mayor Mathre suggested that action on endorsement of the strategic plan and discussion on the use of monies generated by the one-mill levy, if approved, be deferred for one week until the entire Commission is present. Update from ASMSU re transit system I City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed on the agenda. Mr. David Elias, representative of the transportation planning class in the Civil Engineer- ing Department, stated that the possibility of a transit system has been revitalized by ASMSU. He indicated that the student body will vote sometime early in November on levying an additional fee to cover the costs of operating a transit system. He submitted to the Commission pictures of the buses which will be acquired if the additional fee is approved. Mr. Elias stated this is simply an update on the status of this project, with no action being requested of the Commission at this time. He noted that if the funding is approved, representatives of the Civil Engineering Department may once again approach the Commission to request that specific spots be reserved for bus stops. The Commissioners thanked Mr. Elias for the update. - Mike City Manager Wysocki presented to the Commission a request submitted by Mike Foley for Frank Trunk for an extension of the preliminary plat for the amended plat of Block 1, Rea Sub- division. This parcel of land is more commonly known as being located north of Chestnut Avenue and east of Gooch Hill Road. The City Manager noted that the State Statutes allow an extension of the time for the preliminary plat and recommended that the Commission approve this request. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- I sion approve the request for a one-year extension of the preliminary plat for the amended plat of Block 1, Rea Subdivision, subject to the seven conditions attached to the initial approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Mathre; those voting No, none. 10-14-86 449 - Zone Code Amendment - amendin Sections 18.04 and 18.52.140(A) of the o e to allow persona use air Ie ds as a conditional use in t e I strict City f\Aanager Wysocki presented Ordinance No. 1219, as reviewed by the former City Attorney, entitled: ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, AMENDING CHAPTERS 18.04 AND 18.52.140(A) OF THE BOZEMAN MUNICIPAL CODE, TO ALLOW PERSONAL USE AIR FIELDS AS A CONDITIONAL USE IN THE "A-S" (AGRICULTURAL SUBURBAN) DISTRICT AND TO PROVIDE FOR THE DEFINITION OF PERSONAL USE AIR FIELD IN THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this Ordinance two weeks ago and recommended that it be finally adopted at this time. Commissioner Vant Hull stated that several citizens have expressed concern that the personal air fields may cause problems and concerns for homeowners who may be located close to the field. She then asked if a general provision should be included in this Zone Code Amendment that would allow revocation of the Conditional Use Permit if such problems arise. Planning Director Steve Lere stated that the Zoning Commission had discussed the same issue. He then indicated that such a provision is more appropriately accommodated under the specific Conditional Use Permit than in the Zone Code. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Ordinance No. 1219, amending Sections 18.04 and 18.52.140(A) of the Bozeman Municipal Code to allow personal use air fields as a conditional use in the AS District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1222 - Zone Code Amendment - add Chapter 18.57 to the Bozeman Municipal Code to provide for clustered lot development I City Manager Wysocki presented Ordinance No. 1222, entitled: ORDINANCE NO. 1222 AN ORDI NANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY INSERTING A NEW CHAPTER 18.57, PROVIDING FOR CLUSTERED LOT DE- VELOPMENT IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had conducted the public hearing on this Zone Code Amendment on December 2, 1985 and subsequently approved the amendment. He then recommended that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Ordinance No. 1222 and that it be brought back in two weeks for final adoption. Commissioner Martel raised questions about several different provisions in the Ordinance; and Planning Director Steve Lere responded. One of the sp.ecific questions raised was whether the Building Official should be responsible for approving common party walls rather than the City Commi~sion. A second question pertained to the amount of open space required within the development; and the Planning Director indicated he will have to research both those questions. The City Manager recommended that the Commission table action for a period of one week to allow the staff to review the questions raised. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission table action for one week on Ordinance No. 1222, providing for clustered lot develop- ment, to allow the staff to respond to the specific questions raised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Mathre; those voting No, none. City Manager Wysocki presented Ordinance No. 1223, entitled: 10-14-86 450 ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.66.050 AND 18.68.030 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR PUBLIC NOTICE OF REQUESTS FOR APPEALS AND VARIANCES, ZONE CODE AMENDM~N.TS AND ZONE MAP CHANGES. City Manager Wysocki reminded the Commission that the public hearing on this Zone Code Amendment was conducted on July 21, 1986 and was .subsequently approved. He then recommended I that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. Commissioner Martel asked if consolidation of the public hearing requirements should be addressed in this Ordinance as well as the publication requirem_ents. The Planning Dire~t~r stated that issue has been discussed and the staff is currently working on recommendations. He then noted, however, that the streamlining process is not yet ready for adoption. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1223, amending Sections 18.66.050 and 18.68.030 of the Bozeman Municipal Code to amend the public notice requirements for requests for appeals and variances, zone code amendments and zone map changes 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 Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. . . City Manager Wysocki presented Ordinance No. 1224, entitled: ORDINANCE NO. 1224 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR FAMILY CHILD CARE HOMES AND GROUP CHILD CARE I HOMES, PROVIDING FOR DEFINITIONS, ZONES IN WHICH THEY ARE PER- MITTED AND CONDITIONAL USES, AND PROVIDING FOR OFF-STREET PARKING AND LOADING REQUIREMENTS IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commissioners that the public hearing on this item was conducted on March 3, 1986; and the Commission subsequently approved the amendment. He then recommended that the Commission prOVisionally adopt the Ordinance at this time and that it be brought back in two weeks for final adoption. Commissioner Martel noted that the definition refers to "group child care home" but the listed conditional uses refer to "group day care home. II Planning Director Lere noted that is an inconsistency that should be corrected prior to adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Ordinance No. 1224, amending Chapter 18 of the Bozeman Municipal Code to provide for famil'liC child care homes and group child care homes and their definitions, .. subject to correc\.ion of the terminology in the listed conditional uses, 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 Martel and Mayor Mathre; those voti ng No, none. No. 178, Trian Ie Area City Manager Wysocki presented Ordinance No. 1225, entitled: I ORDINANCE NO. 1225 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-O" (RESIDENTIAL OFFICE) DISTRICT TO A "B-2" (COMMUNITY HIGHWAY BUSINESS) DISTRICT ON A PARCEL OF LAND DESCRIBED AS THE REMAINDER OF CERTIFICATE OF SURVEY NO. 178 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA. 10-14-86 451 City Manager Wysocki reminded the Commission that they had conducted the public hearing on this Zone Map Change on September 2, 1986 and had approved the requested change. He then recommended that the Commission provisionally adopt Ordinance No. 1225 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion provisionally adopt Ordinance No. 1225, changing the present zoning of R-O to B-2 on a I tract of land described as the remainder of Certificate of Survey No. 178, located in the Triangle Area Annexation, 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 Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2638 - the covenants for the poo ed special Improvement 650 and 651 City Manager Wysocki presented Commission Resolution No. 2638, entitled: COMMISSION RESOLUTION NO. 2638 RESOLUTION RELATING TO $860,000 POOLED SPECIAL IMPROVEMENT DIS- TRICT BONDS, SERIES 1986 (SPECIAL IMPROVEMENT DISTRICT NOS. 649, 650 AND 651); PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. City Manager Wysocki noted this bond issue is for Annie Subdivision. He then recom- mended that the Commission adopt Commission Resolution No. 2638, setting the form, terms and . . covemmts for those bonds. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2638, prescribing the form and terms and the covenants for the pooled special improvement district bonds, series 1986 (SID Nos. 649, 650 and 651), and authorize and direct the staff to complete the necessary actions for completion of the bond sale. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Martel; those voting No being Mayor Mathre. I Appointment of subcommittee to review Pledged Securities as of September 30, 1986 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly in accordance with State Statute. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that Commissioner Stiff and Commissioner Vant Hull be appointed to review the pledged securities as of September 30, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. A roval of loans for Communit ro ram as recommended by the Loan Review ommittee City Manager Wysocki stated that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel noted that he had reviewed the three aPrJfications involved in this agenda item. He then stated that all three iliv01ve deferred payment loans,' totaling $35,000, which actually become grants after specific conditions have been met. He then reminded the Commission that many of the arguments against the Museum of the Rockies application was that it was for a grant, rather than a loan; yet the rehabilitation pr'ogram is actually a grant progam in many instances. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission approve the loans for the Community Development Block Grant program as recommended by the Loan Review Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Mathre-; those voting No, none. City Manager Wysocki stated that Commissioner Martel had requested this item be removed 10-14-86 452 from the Consent Items. Commissioner Martel noted the total estimated cost for this Special Improvement District is approximately $400,000; a'nd this engineering contract is for $45,000, which is 15 percent of the costs. He then asked if that is a standard percentage. He also suggested that the City may wish to negotiate the engineering contracts for future 51 D's. The City Manager noted that 15 percent is not uncommon. He then reminded the CommissIon that Sanderson/Stewart/Gaston had done some of the preliminary engineering work on this project I before it was submitted to the Commission; and selection of another engineering firm would result in duplication for work completed. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion authorize the City Manager to sign the agreement with Sanderson/Stewart/Gaston Engineering, Inc., for professional engineering services for SID No. 652 (water, sewer and paving in Grafls Second Subdivision). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from the Bozeman Senior Social Center thanking the City staff for recent action taken on a leak in the water main at that facility. (2) Commissioner Vant Hull noted a recent article in the Bozeman Daily Chronicle con- cerning a potential firm for location in the Tech Park, noting the business does research on hazardous materials. She then suggested that the Commission ask Mr. Don Gustofson to submit a presentation to the Commission on the type of business to be located in the Tech Park to alleviate some of the citizen concerns which have been expressed. Mayor Mathre stated she does not feel such action is appropriate until such time as the firm has signed a contract with the Tech Park to locate there. The City Manager indicated he will discuss the matter with Mr. Gustofson to determine I the status of the matter. Consent Items Items. II rounds A It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Consent Items as listed, and that 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 Vant Hull, Commissioner Martel and Mayor Mathre; those voting No, none. Adjournment - 3:15 p.m. There being no further business to com& before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission 10-14-86