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HomeMy WebLinkAbout1985-02-11 l.c ~ I , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN I MONT ANA February 11, 1985 *******k**************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 11,1985, at 4:00 p.m. Present were Mayor Weaver I Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meetings of January 28, 1985 and February 4, 1985 were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the Fire Division quarterly report for the period October through December 1984 be removed for discussion. City Manager Wysocki presented to the Commission a request from the Gallatin Valley Bicycle Club for permission to conduct a bicycle race on August 3, 1895, in conjunction with Sweet Pea '85. He noted the request also asks for authorization to block off portions of South Bozeman Avenue, East Olive Street,_ South Tracy Avenue and East Babcock Street from 1 :00 p.m. to 6:00 p.m. for this event and that all parked cars be removed from the course. The City Manager noted that the Chief of Police has indicated no problems with the request; and the Director of Public Service has submitted his comments and concerns. The City Manager then recommended approval of this request. Mayor Weaver expressed concern about the length of time the streets are to be closed I for this race. Commissioner Mathre stated she has observed this race in the past; and the Bicycle Club seems to handle the event well. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by the Gallatin Valley Bicycle Club for authorization to block off portions of South Bozeman Avenue, East Olive Street, South Tracy Avenue and East Babcock Street from 1 :00 p.m. to 6:00 p.m. on Saturday, August 3, 1985 to conduct a bicycle race in conjunction with Sweet Pea 185, contingent upon the Bicycle Club being responsi- ble for all of the set up, clean up and dismantling associated with this race. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Re uest for variance to Si n Code - McDonald's Restaurant - place 65-foot si n on Wheat Drive variance to elg t restrictIon City Manager Wysocki presented to the Commission a request for variance to the Sign Code submitted by Rainbow Signs on behalf of McDonald's Restaurant. The variance request is for the proposed McDonald's Restaurant, which is to be located at 822 Wheat Drive. The City Manager noted that the Sign Code places a height restriction of 60 feet on all signs located within 1,000 feet of Interstate 90; and the proposed sign would be 65 feet above ground level. He then indicated the Building Official has reviewed the request and recommends approval; and I concurred in that recommendation. Commissioner Vant Hull noted the height restriction has been implemented for a reason and questioned whether the Commission should allow a sign which would exceed that restriction. The City Manager noted that the request indicates that the extra height would make the sign visible above the Super 8 Motel for those traveling along the interstate. He noted the alternative mentioned in the request would be to install two signs and questioned whether that would be better than allowing the increased height. 02-11-85 ---- -- ------ ~ It Commissioner Jordan stated the sign for McDonald's Restaurants is an easily recognized logo and questioned whether the sign would need to be higher than 60 feet, noting that even the top portion of the sign is distinctive and recognizable. The Commissioner also stated he feels that one should know the restrictions on a specific parcel prior to purchase, rather than requesting variances to restrictions after purchase. Commissioner Anderson noted the subject sign is to be located along an approach to the community and stated opposition to a variance to the height restrictions. I Commissioner Mathre asked if there are other signs in the immediate area that are higher than the 60-foot limitation. Assistant City Manager Barrick stated the sign at Pump IN Pak is approximately 70 feet high. He noted the important factor to consider is that people driving along the interstate at 55 miles per hour must be able to see a sign in time to get off at the exit. He also noted that the land slopes down to the west, so the subject lot is lower than those which have been developed; and it is further from the off ramp for those traveling west along the interstate. Mayor Weaver noted the actual issue is whether the City wishes to waive the height restriction for 5 feet. Commissioner Anderson stated she feels aesthetics should be considered as a part of the signing for commercial establishments. She then indicated that she feels the 60-foot height restriction should be observed. Commissioner Jordan noted that in some states the highway signs indicate what establish- ments are located at that exit. He noted that is a nice way to provide information to the traveler and suggested that such an approach might be beneficial in Montana. The Commissioner then suggested that a stipulation be placed in the motion that the height variance would be approved to avoid the use of two signs for this establishment. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission approve the request submitted by Rainbow Signs on behalf of McDonald's Restaurant for a variance to the Sign Code to allow a 65-foot high sign within 1,000 feet of the interstate, at 822 Wheat Drive. I City Manager Wysocki expressed concern that the applicant is not present to answer any of the questions. He then suggested that action be deferred unti I next week to allow the applicant an opportunity to be present and answer the Commissionls questions. It was then moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that action on this request be deferred for a period of one week to allow the applicant an' oppor- tunity to attend the meeting and answer the questions about the proposed sign. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Com- missioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Review of draft letter re Federal Revenue Sharing Program as prepared by Mayor Weaver City Manager Wysocki submitted to the Commission a draft letter as prepared by Mayor Weaver concerning the continuation of the Federal Revenue Sharing program. The City Manager then indicated the Commission may wish to consider addressing the Urban Development Action Grant program as well the Community Development Block Grant program. Mayor Weaver noted one correction to be made in the letter, changing the word "emphasize" to "over-emphasize." The Commissioners concurred that they feel the letter would be stronger if it addresses one item only and suggested other letters could be written to address the other programs if deemed desirable. Mayor Weaver requested that carbon copies be sent to all members of the Montana con- I gressional delegation, with the carbon copy notation being made on the letter. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the Mayor to send the revised letter to the President request- ing that the Federal Revenue Sharing Program be continued. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 02-11-85 ------ -- LI-5 Ordinance No. 1174 - Salary Ordinance for City Manager for Calendar Year 1985 City Manager Wysocki presented Ordinance No. 1174, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1174 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. I It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1174, setting the City Manager's salary for Calendar Year 1985, 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commission Resolution No. 2542 - Guidelines for consideration of IDR bond applications City Manager Wysocki presented Commission Resolution No. 2542, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2542 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A UNIFORM POLICY FOR THE REVIEW OF APPLICATIONS, DEVELOPMENT OF GUIDELINES AND PROVIDING FOR APPLICATION AND ISSUANCE FEES FOR ALL PROJECTS EXCEPT MULTI-FAMILY HOUSING FOR WHICH INDUSTRIAL DEVELOPMENT REVENUE BONDS MAY BE ISSUED. The City Manager stated the Commission has reviewed and revised the draft guidelines and has requested that the guidelines be brought back in Commission Resolution form for possible adoption. The City Manager noted that this set of guidelines would be utilized when consider- ing applications for other than housing projects; and the guidelines for consideration of IDR I bonds for housing projects will be submitted to the Commission in the near future. Mayor Weaver expressed concern about the language in A. 5., stating that he feels the existing language is not clear and questioned whether one or two opinions are requi red; and who would determine what opinions are needed. City Manager Wysocki stated he feels flexibility is needed, and that a second opinion can be required if it is needed. Following discussion of the language in A.5., the Commissioners concurred that the language should be changed from II.... .duly qualified investment banker/counsel..... II to ".....duly qualified investment banker and/or bond counsel.....1I Commissioner Mathre expressed concern about the language in B.S., questioning whether the Commission really wishes to encourage that local businesses use I DR bonds for expansion of existing facilities. Commissioner Jordan stated if a business is unique and is an asset to the area, it should be encouraged to consider using I DR bonds for expansion; but he is concerned about the use of IDR bonds for expansion if the business is not unique. The Commissioners concurred that the language in B.S. should be changed from II Local businesses shall be encouraged to use.....1I to IIlndustrial Development Revenue bonds will also be considered for expansion of local existing businesses." It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2542, as revised, establishing guidelines for con- sideration of Industrial Development Revenue bond applications, except for multi-family housing I projects. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Absence of Commissioner Vant Hull - meeting of March 4, 1985 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize the absence of Commissioner Vant Hull from the meeting of March 4, 1985 in compliance with the provisions of Section 7-3-4322(2), M.C.A. The motion carried by the 02-11-85 -----~.__.~ --_.~._--_._--- --- -- ---------- ---- ~G following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Report on "Excellence in Government" from NLC Congress of Cities in Indianapolis Commissioner Anderson stated she has a folder of information on this item, along with a routing slip, to be circulated among the Commissioners. The Commissioner stated that a con- sulting firm submitted the presentation on "Excellence in Government" at the National League of I Cities Congress of Cities held in Indianapolis in November 1984. Commissioner Anderson stated this seminar stressed that governments should be evaluated on certain criteria. She noted the questions to be answered include: (1) How close are the Commissioners? (2) How well the Commissioners are listening to and drawing communication from the citizens they represent? The Commissioner stated that some of the suggestions offered were: (1) hold informal meetings in various locations around the town in addition to the regular formal meetings; (2) issue monthly correspondence reports, indicating all incoming and outgoing correspondence from the various Commissioners; (3) encourage public/private partnerships. Commissioner Anderson noted that the folder of information includes a questionnaire with thirty-two questions about the responsiveness of the local government. She suggested the Commissioners may wish to review those questions and determine how they would answer those questions. The Commissioner also noted there is a booklet available for $2.00, which may be beneficial to the Commission. The Commission thanked Commissioner Anderson for her presentation. Discussion - designation of Bad Kissingen, West Germany, as Sister City to Bozeman Commissioner Anderson noted that an article entitled "German groups seeking U. S. sister cities II appeared in the Nation's Cities Weekly two weeks ago. The Commissioner stated that if the Commission wishes, she will contact the Council for International Urban Liaison for addi- tional information. The Commissioner noted that many of the activities, including student exchanges, usually I conducted under this program already exist between the City of Bozeman, Montana, and Bad Kissingen, West Germany; and suggested the Commission may wish to pursue the designation of Sister City. Mayor Weaver noted there is a special relationship between Montana and Japan, particu- larly the universities, and questioned whether the designation as a Sister City would jeopardize that relationship. Commissioner Mathre stated she would like to get more information about the program before committing the City. Mayor Weaver requested that Commissioner Anderson write to the Council for Inter- national Urban Liaison to explore the Sister City program; but no commitment is to be made until the additional information is carefully reviewed. Fire Division quarterly report for October - December 1984 City Manager Wysocki stated that Commissioner Vant Hull had requested this item be removed from the Consent Items. Commissioner Vant Hull requested that the number of calls to Montana State University be included in the quarterly reports, especially since the City and MSU have entered into an agreement and MSU is paying a portion of the salaries for three firefighters. Mayor Weaver noted the information requested by Commissioner Vant Hull could be useful and provide documentation for future negotiations. Commissioner Jordan expressed concern about the firefighters entering a building with I potentially dangerous chemical fumes, such as the recent fi re in Lewis Hall. He then ques- tioned whether the assurances of the MSU staff are adequate for the safety of the City's employees and asked what liability the City may face in this type of fire. Mayor Weaver suggested that Commissioner Jordan talk to the Fire Chief and City Attorney about his concerns and report back to the Commission if he feels the item should be discussed further. 02-11-85 Lr 7 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the Fire Division quarterly report for October through December 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FYI items I City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1) Commissioner Jordan stated that at the meeting held last Wednesday, representatives of the University, the City and County agreed to form a committee with two members from each entity, for the purpose of researching the idea of burning garbage. He indicated it was his impression that the two members were to be selected from the Commission. Commissioner Mathre stated opposition, indicating that she feels the executive branch should also be represented on the committee. Mayor Weaver suggested that Commissioner Jordan be appointed to the committee and requested that he meet with City Manager Wysocki to determine the second City member of the comm i ttee . ( 2) Commissioner Jordan then stated he has received a letter from the State of Montana Department of Health and Environmental Sciences, along with two copies of the Waste Age magazine. He indicated there are interesting articles on landfills in both issues, which he will route to the second member of the committee as well as the Commissioners. Mayor Weaver noted the ratios of capital to operations and maintenance and of the capital to the tax base are extremely important when considering the incineration of garbage and co-generation. ( 3) Commissioner Mathre submitted to the Commission a memo and a draft evaluation form for Commission review. She noted the Commission has completed an evaluation of the City I Manager and should consideration evaluating its only other employee. Mayor Weaver requested this item be placed on next week's agenda for review and possi- ble revision of the evaluation form submitted by Commissioner Mathre. ( 4) Commissioner Vant Hull noted one of the items included in the packet is a copy of the garbage collection rates in Opportunity, Washington. She noted the rates are low; and the lifeline concept is still being utilized. ( 5) Commissioner Vant Hull then submitted to the Commission a list of the bills intro- duced this past week which the City should watch closely. She noted that the title of H B 735 is interesting; and the City should maybe get additional information on how the monies would be reallocated. She also stated that it appears HB367, providing for a 5 percent hotel/motel tax, may have a better chance of passing than another bill, which would implement a 10 percent hotel/motel tax. Commissioner Anderson stated she feels HB676 is important, especially when considering development in an area with high groundwater. ( 6) City Manager Wysocki noted a number of items were included in the packet, includ- ing a report from City Attorney Crumbaker-Smith concerning the possibility of charging non- profit and religious groups for municipal services, such as police, fire and street maintenance. Commissioner Vant Hull stated she wants to ask the City Attorney if this written opinion takes into consideration any court cases citing Article X of the new State Constitution, which was adopted in 1972. ( 7) A reminder to the Commission that Tuesday, February 12, is a State holiday; and I the City Hall will be closed. Also, next Monday, February 18 is a holiday; and the Commission meeting will be held on Tuesday, February 19, in compliance with Commission policy established on April 5, 1982. ( 8) A letter from Mike Money, on behalf of the City-County Planning Board, suggesting that a joint retreat, including members of the City-County Planning Board, Zoning Commission, City Commission and County Commission, be held to discuss the implementation of the goals and policies of the Master Plan and other related subjects, such as "off-site improvements." 02-11-85 ~8 The Commissioners concurred that a Saturday morning session would be best, and suggested that Saturday, March 9, might be a good date to consider. Commissioner Anderson suggested that those interested meet at 7:00 a.m. for breakfast, with the meeting to begin at 8:00 a.m. ( 9) The letter from Valley Garbage Service Company in Opportunity, Washington, referred to by Commissioner Vant Hull in Item No.4 above. (10) The agenda for the City-County Planning Board meeting to be held on Thursday, February 14, 1985. I (11) The weekly construction report, as submitted by Thomas, Dean and Hoskins, Inc., for the Water System Improvements, Group III, Schedule II. (12) The City Manager announced that the Interagency Breakfast will be held on Wednesday, February 13, 1985 at 7:00 a.m. at The Inn of Bozeman. (13) City Manager Wysocki stated Missoula is introducing a bill to relieve double taxation of city residents for services provided by the County, as well as a bill establishing a different annexation process for properties, based on the amount of development on the properties to be annexed. The City Manager stated the hearing will be held on Saturday. Commissioner Mathre stated the League is not supporting this bill because it is closely affiliated with MACo during this legislative session; and the bill would not benefit both groups. Commissioner Vant Hull noted that Missoula submitted the same bill for tax relief during the last legislative session but it did not pass. She suggested that Bozeman support this bill also, since both are University communities. Commissioner Mathre noted that the City does benefit from some County services and indicated that she would like to know what specific services are listed in the bill. City Manager Wysocki indicated he will pursue this item. (14) Mayor Weaver stated the Audit Committee will be conducting interviews of auditing firms on Tuesday and Thursday of this week and will submit a recommendation to the Commission on retaining of an audit firm in the near future. Consent Items I City Manager Wysocki presented to the Commission the following "Consent Items." Authorize Call for Bids - well in Bogert Park Building Inspection Division monthly report for January 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed, and authorize and direct the Clerk of the Commission to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Adjournment - 5:15 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 Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voti ng No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 02-11-85