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HomeMy WebLinkAbout1998-02-02 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 2, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 2, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 19, 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . minutes of the meeting of January 19, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Variance from Section 16.14.090.A. of the Bozeman Area Subdivision Reaulations re calculation of Darkland reauirements for Kagv Crossroads Subdivision City Manager Johnson stated that, as a result of the City Attorney's review of this application, it has been determined that a variance from the subdivision regulations is not needed. He then recommended that the Commission postpone this item indefinitely. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the . Commission indefinitely postpone consideration of a requested variance from Section 16.14.090.A. of the Bozeman Area Subdivision Regulations regarding calculation of parkland requirements for the Kagy Crossroads Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. 02-02-98 - 2 - Ordinance No. 1458 - adding a new ChaDter 12.32 to the Bozeman MuniciDal Code Droviding for the establishment of permits for Darades and Dublic assemblies and the Dublic conduct durina Darades and Dublic assemblies and the Denalties for the violation thereof Included in the Commissioners' packets was a copy of Ordinance No. 1458, as approved by the City Attorney, and entitled: . ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.32, PROVIDING FOR THE ESTABLISHMENT OF PERMITS FOR PARADES AND PUBLIC ASSEMBLIES AND THE PUBLIC CONDUCT DURING PARADES AND PUBLIC ASSEMBLIES. Distributed just prior to the Commission meeting was a copy of Commissioner Frost's memo dated January 30, in which he forwarded several proposed revisions to the ordinance, and a letter from Pepi the Clown, 311 Teton Avenue, commenting on the proposed ordinance. Commissioner Frost reviewed his memo, including his reasons for forwarding the proposed changes. He suggested that a new section be added under Section 12.32.240 to require that the permittee notify all participants of the conditions of this ordinance. He then . forwarded a suggested revision to Section 12.32.250.1., to restate the prohibition in a more general manner. He also proposed a new section be added to Section 12.32.260, to prohibit anyone from walking between entries in a parade or public assembly. He noted that the ordinance already contains a prohibition against driving a vehicle between vehicles or persons in a parade or public assembly, and he feels that prohibiting walking between them will further reduce the potential for injury. Staff Attorney Cooper characterized the proposed revisions as providing general descriptions of required conduct and prohibited conduct. He noted that the proposed language also creates a qualified prohibition that prevents activity that will draw people into a zone of danger. He then stated that he reviewed the information which City Attorney Luwe gathered while preparing this ordinance, which includes ordinances from California and Florida, a model . ordinance and the ordinance from the City of Billings. He noted that he also talked to representatives from the City of Billings, where the ordinance has been in effect for ten years and includes the prohibition against throwing items from the vehicles in a parade or pUblic assembly, and to Mr. Bob Worthington, Executive Director of the Montana Municipal Insurance Authority. He noted that claims have been filed against the City of Townsend and the City of 02-02-98 - 3 - Missoula because of injuries sustained as a result of parades. He stated that Mr. Worthington's assessment of the proposed ordinance is that it provides a good means of coverage for the City. Staff Attorney Cooper stressed that under this ordinance, parade participants will still . be allowed to walk beside a float or vehicle and hand out candy and other items. He then stated that under this ordinance, the public can be prohibited from entering the right-of-way; however, he feels the other burdens should be placed on the person seeking permission to have the activity to ensure that it is safe for everyone. He recognized Commissioner Frost's desire to tighten up the language in the ordinance while still providing for some of the traditional activities to take place; however, he cautioned that the proposed qualified language might result in some increase exposure for the City. Commissioner Rudberg noted that she has seen children run into the street for candy and has, in fact, seen parents push their children into the street for the candy. She then stated that in the past few parades, she has seen people walking along handing things out to the crowd. . Responding to Commissioner Frost, the Staff Attorney stated that this ordinance includes a provision from the Billings ordinance that imposes on the public a requirement that no person will view the parade or public assembly from beyond the sidewalk or curbline, extended through the intersection. Commissioner Rudberg noted that at the last Sweet Pea parade, there were quite a few cars parked along the street, which made viewing from the sidewalk somewhat difficult. She suggested that, unless parking along the parade route is restricted, it may be difficult to keep the public on the sidewalk. Staff Attorney Cooper noted that the Billings ordinance includes some provisions not included in the Bozeman ordinance, including a prohibition against joining a parade or public assembly while it is enroute and a requirement that the number of participants be provided in . advance. He noted that the issue of parking along the parade route is also addressed in that ordinance. Commissioner Rudberg expressed concern about the prohibition from joining a parade or public assembly, particularly when classmates urge fellow classmates to join a float. Commissioner Frost stated his proposed changes are based on the fact that most 02-02-98 - 4 - people won't be stopped from doing what they want, but he wants to ensure that the City's liability is covered in case somebody does get hurt. Commissioner Rudberg stated she has no problem with the suggested changes, as long as the City Attorney feels they are appropriate and help to protect the City from lawsuits. . Commissioner Smiley noted that she had a retired woman tell her that she was hit by candy thrown at a parade, and was not really thrilled by it. Responding to Commissioner Rudberg, Staff Attorney Cooper stated that he had some time in which to review these proposed changes, but they were submitted after City Attorney Luwe left, so he has not yet seen them. Commissioner Rudberg stated she does not wish to act on this ordinance with the proposed changes until after City Attorney Luwe has had an opportunity to review them. Commissioner Smiley stated her support for Commissioner Frost's proposal to require that the parade permittee notify all parade participants about the regulations and requirements. She stated that, while she does not like this type of ordinance. she recognizes that people in crowds seem to have a lack of judgment, thus generating the need for an ordinance. . Commissioner Youngman stated that she understands the liability issues and recognizes that things change over time. She noted that no candy was thrown at the Sweet Pea parade, however, people were standing or sitting in the street to watch the parade. She then forwarded her interest in pursuing a softer way to approach the problems while addressing the liability issues. Mayor Stiff noted his surprise at the number of issues raised and the amount of discussion about this ordinance. He suggested that this type of discussion would be more appropriately conducted during the agenda meeting. In response to questions from Mayor Stiff, Commissioner Rudberg suggested that the application for entry in a parade could include an attached sheet with the rules and regulations. She noted that this would satisfy the requirements of the ordinance as proposed. . Responding to Commissioner Smiley, Staff Attorney Cooper stated that the lawsuits in both Townsend and Missoula involve children being injured when they ran out to get candy. In Townsend, the child was run over by a hay wagon. He then stated that from this discussion there appear to be two issues: (1) the attractive nuisance element of a parade and (2) the 02-02-98 -- ...-- ------.---- -------. - 5 - public coming off the sidewalk and getting in the way of the parade. He noted the provision, as currently written, is meant to address the attractive nuisance aspect. Commissioner Youngman forwarded three options for the additional language suggested by Commissioner Frost. She suggested that the Commission could accept his . language, consider language that would prohibit the throwing of candy or other items from vehicles in motion and eliminate the $100 fine, or leave the language as it appears in the ordinance. Mayor Stiff requested that any additional Commissioner input be provided to Staff Attorney Cooper prior to next week's agenda meeting. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission table action on this ordinance for a period of two weeks to allow staff an opportunity to review the revisions proposed by Commissioners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Ordinance No. 1459 - vacate 4th Avenue S.E. (Ida Avenue) alona the east side of Blocks 22, 23 and 24, Electric Heights Addition , and the west side of Lots 1-4. Block 1 , Graf's First Subdivision. Second Filina Included in the Commissioners' packets was a copy of Ordinance No. 1459, as approved by the City Attorney, and entitled: ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT 30-FOOT.WIDE BY APPROXIMATEL Y 996.6-FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA AVENUE) LYING ALONG THE EAST SIDE OF BLOCKS 22, 23 AND 24, ELECTRIC HEIGHTS ADDITION, AND ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1, GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that . the Commission provisionally adopt Ordinance No. 1459, vacating Fourth Avenue Southeast (Ida Avenue) along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and the west side of Lots 1-4, Block 1, Graf's First Subdivision, Second Filing, and direct the Clerk to bring it back in two weeks for final adoption. The motion carried by the following Aye and No 02-02-98 --.-----... -.-------.--- ~ 6 - vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1460 - vacate 60-toot-wide riaht-ot-wav tor East Aspen Street tram the west riaht-ot-way line at North Wallace Avenue west a distance at approximately 200 teet . Included in the Commissioners' packets was a copy of Ordinance No. 1460, as approved by the City Attorney, and entitled: ORDINANCE NO. 1460 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, VACATING AND ABANDONING THAT 60-FOOT-WIDE BY APPROXIMA TEL Y 200-fOOT -LONG PORTION Of EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND BLOCKS 17 THROUGH 24, BLOCK 109, NORTHERN PACifiC ADDITION, AND MORE PARTICULARL Y LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of NORTH WALLACE AVENUE AND THE PORTION Of EAST ASPEN STREET RIGHT-Of-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission provisionally adopt Ordinance No. 1460, vacating a 60-foot-wide right-of-way for East Aspen Street from the west right-of-way line of North Wallace Avenue west a distance . of approximately 200 feet, and direct the Clerk to bring it back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Ordinance No. 1461 - vacate 30-foot-wide service drive riaht-ot-way 'yina adiacent to Lots 9 throuah 14, Block 1. Royal Vista Subdivision. between West Oak Street and West Birch Street (The Bozeman Inn) Included in the Commissioners' packets was a copy of Ordinance No. 1461, as approved by the City Attorney, and entitled: ORDINANCE NO. 1461 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, . MONTANA, VACATING AND ABANDONING THAT 30-fOOT-WIDE SERVICE DRIVE RIGHT-Of-WAY LYING ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1. ROYAL VISTA SUBDIVISION, AND MORE PARTICULARL Y LYING BETWEEN THE SOUTH RIGHT-Of-WAY LINE Of WEST OAK STREET AND THE NORTH RIGHT-Of-WAY LINE Of WEST BIRCH STREET IN THE CITY Of BOZEMAN, MONTANA. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1461, vacating a 30-foot-wide service drive 02-02-98 - 7 - right-ot-way lying adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision, between West Oak Street and West Birch Street, and direct the Clerk to bring it back in two weeks for tinal adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley . and Mayor Stiff; those voting No, none. ADDointments to (a) Audit Committee. (b) Band Board. (c) City-County Plannina Board. (d) TIFID Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated January 29, forwarding the listing of applicants for the various boards. Audit Committee. No applications were received for this board. Band Board. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the Commission re-appoint Charles McGuire to a three-year term on the Band Board, to expire on December 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, . Commissioner Youngman and Mayor Stiff; those voting No, none. City-County Planning Board. Mayor Stiff noted that, since this is a citizen pOSition, the position is to be filled by "appointment by the Mayor, with the concurrence of the Commission". He then stated that, while he recognizes the list of applicants contains a number of well-qualified individuals, he feels it is important to retain a female on the board. On that basis, he forwarded Mary Ellen Wolfe as his nominee for the position. Mayor Stiff then yielded the gavel to Commissioner Smiley for the purpose of making the motion. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that Mary Ellen Wolfe be appointed to replace Sandra Smiley as a citizen member on the City-County Planning Board, with a term to expire on June 30, 1998. The motion carried by the following . Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Frost and Commissioner Smiley; those voting No being Commissioner Rudberg. Commissioner Smiley returned the gavel to Mayor Stiff. TIFID Board. Responding to questions from the Commission, Assistant City Manager Ron Brey stated that the ordinance establishing this board includes a listing of disciplines which 02-02-98 -.--- - 8 - should be represented whenever possible. He stressed that these are not restrictions on the composition of the board, but reflect desires. He then stated that both applicants are qualified to serve on the board. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission re-appoint Lee Hietala as the economic development member, with a four-year term to expire on December 31, 2001, and appoint J.C. Yarde as an at large member, to replace Mike Money, with a term to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of the finished water quality report from the Water Treatment Plant. . (2) Copy of Commission Resolution No. 2965, establishing the City's current sidewalk policy. The City Manager asked that the Commissioners review this policy in preparation for considering a sidewalk program, possibly at the February 17 meeting. He noted that City Engineer Brawner is working on updating the priority listing for sidewalks, and that information will be available in the Commissioners' packets so it can be discussed during the agenda meeting. He encouraged the Commissioners to set this policy aside until the sidewalk issue is placed on the agenda. (3) Copy of the memo from Administrative Service Director Gamradt, dated December 29, 1997, creating an appeals process for snow removal, weed mowing and sidewalk repair bills and assessments. . (4) Copy of a letter from City Engineer Craig Brawner to the Bozeman Shelter Care Facility, dated January 20, 1998, responding to several issues raised about the South Third Avenue improvements adjacent to their residence at 3025 Westridge Drive. (5) Copies of donations to the DARE program received from Timberline Insulation, Inc., Timberline Systems, Inc., and P & K Vending. 02-02-98 - - ---- -....-- --- -. "...- .____.___.. .n_ - 9 - (6) Letter from Mary Gray, 1703 West Olive Street, dated January 30, 1998, forwarding her comments on a variety of issues. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 3, 1998, in the Commission Room. . (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 3, 1998, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 3, 1998, at the Gallatin County Courthouse. (10) The City Manager submitted his weekly report, as follows. (1) Attended a conference at the Burns Center regarding the treatment of gambling addictions and youth in gambling establishments. He reminded the Commission that SB322 in last year's legislative session would have provided for a gambling treatment program, but it failed because no funding mechanism was attached. He stated that he attended the conference because of his interest in the potential of similar legislation in the upcoming session. (2) Stated that he will be involved in a number of meetings this week. He noted that from 10:00 a.m. tomorrow until . noon on Wednesday, he will attend a conference by the State Department of Labor on negotiations; from 2:00 p.m. on Wednesday through noon on Thursday, he and staff members with budgeting responsibilities will attend a seminar on quality, outcomes and defining the City's business; and on Friday, he will attend a meeting of the City Managers from large cities across the state. (11 ) Assistant City Manager Brey submitted the following. (1) Worked with Land Use Attorney Williams on the Commission-initiated zone code amendments last week. (2) Stated that he, Commissioner Youngman and County Commissioner Bill Murdock participated in a presentation on citizenship to an MSU class last week. (12) Staff Attorney Cooper stated that he is working with the Building Inspection Division on preparation of a fee resolution for Commission consideration. He noted that the . resolution is designed to ensure compliance with Montana's unique laws. Commissioner Rudberg expressed concern about the legality of waiving permit fees, and asked that that issue be adequately addressed as the fees are established. ( 13) Commissioner Frost submitted the following. (1) Stated that the Bozeman Area Bicycle Advisory Board met last week and will meet again next week. He noted that they are 02-02-98 ----- ----- -----.- - 10 - working diligently to identify bicycle routes in preparation for update of the transportation plan. (2) Expressed concern about the petition drive for a constitutional initiative which would cut property taxes in half, mainly because of the negative impact it would have on local governments. . (14) Commissioner Youngman submitted the following. (1) Attended a "slew of City-related meetings" last week. (2) Spoke to the Business and Professional Women's Club last week. (3) Participated in the presentation on citizenship to the MSU class. She noted that several of the University students expressed an interest in becoming involved in the community while living and going to school here and showed a real enthusiasm for local government. (15) Commissioner Smiley submitted the following. (1) Attended the wetlands training session last week. She noted that it was helpful and identified some good available resources upon which the Commission may draw. (2) Attended the Gallatin Council on Aging meeting, at which several people from the field spoke. (3) Attended the Bozeman Area Chamber of Commerce Government Affairs Committee meeting. (16) Commissioner Smiley stated that she received a letter from Mike Hoey I . Bozeman Fire Department, asking herto replace Commissioner Rudberg on the Local Emergency Planning Committee (LEPC). The Commission indicated support for her serving on the committee. ( 17) Commissioner Rudberg submitted the following. (1) Stated her support for the meetings of the large cities City Managers, noting their cooperative efforts are important. (2) Noted that she had a nice vacation. (18) Mayor Stiff submitted the following. (1) Stated that he also attended the wetlands seminar, characterizing it as lengthy but containing some good information. He also noted that the presentations also reflected that the issue of wetlands is being very well addressed by others. (2) Noted that he learned one does not know government until he tries . to explain it to a group of Cub Scouts. (3) Stated that he and the City Manager met with representatives from the University regarding the green building a couple of weeks ago and then met with a dean from the University last week. He noted that the State's congressional delegation in Washington, D.C., is trying to counter the effects of the line item veto. He then stated that representatives from MSU are prepared to make a presentation to the entire Commission at any time one is desired. (4) Stated that, particularly in light of last week's 02-02-98 ..- ....--.--..-... ~ 11 - discussions about the annexation pOlicy and updating of the master plan, he feels it is important for the Commissioners to begin work on their goals for the upcoming fiscal year as soon as possible. He noted that information will also be needed as staff begins to work on the budgeting process. . (19) Mayor Stiff noted that he attended the Transportation Coordinating Committee meeting last week. He noted that the 19th Avenue corridor continues to be a real problem, particularly at Durston Road and West Oak Street. He then expressed concern that work on West Babcock Street seems to be moving more slowly than the Commission thought. The City Manager stated that the West Babcock Street project has dropped on the County Commission's priority list because of other workload requirements. He noted that they were unable to give him a specific date when they anticipate work will once again begin on the project. Consent Items City Manager Johnson presented to the Commission the following Consent Items. . Commission Resolution No. 3226 - joint resolution with County Commission relating to creation of SDeciallmDrovement District No. 665 COUNTY COMMISSION RESOLUTION NO. 98-08 CITY COMMISSION RESOLUTION NO. 3226 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665. Commission Resolution No. 3227 - intent to create SID No. 665, for a water main extension to be known as the "Northwest Water line"; set public hearing for March 2. 1997 COMMISSION RESOLUTION NO. 3227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO . CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665 FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Authorize City Manaaer to sign - Engagement Letter with Dorsey & Whitney to serve as bond counsel for SID No. 665 02-02-98 - 12 - AcceDtance of Quit Claim Deed from CaDe-France EnterDrises. Joann L. CaDe and Grace E. France - 120-foot-wide strip for Dortion of North 19th Avenue right-of-way Authorize Citv Manaaer to sian ~ Chanae Order No.1 for Willson/Mendenhall and Main/Hiahland traffic signals - ACE Electric - add $17 .972.87 and o calendar days . Reiect bids for two DickuD trucks for Water DeDartment Authorize City Manaaer to sian - Enaaaement Letter with D.A.Davidson to serve as financial advisor for SID No. 665 Authorize City Manager to sign - Traffic Sianal. Utility and Access Easement with The Bozeman Inn Condominium - 30-foot-wide bv 40-foot easement in Dortion of existina service drive adiacent to Lot 14. Block 1. Royal Vista Subdivision (1235 North 7th Avenue) Authorize City Manaaer to sian - Sidewalk and Public Access Easement with The Bozeman Inn Condominium - 5-foot~wide easement along existina service drive adiacent to Lots 9 throuah 14. Block 1. Royal Vista Subdivision ( 1235 North 7th Avenue) ExemDtion from subdivision review - Joanne P. Tengleson - aaareaation of Tracts A and 2A. Amended Plat C-23-N. into one lot (northwest corner of East ASDen Street and North Wallace Avenue) ADDointment of Commissioner Frost and Commissioner Youngman to sub- committee to review Dledaed securities as of December 31. 1997 . Claims It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Recess - 4:05 p.m. Mayor Stiff declared a recess at 4:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 02-02-98 - 13 - Review of recommendations of CDSG Economic Develocment Loan Review Committee re acclication submitted bv Advanced Manufacturina. Inc. Mrs. Dixie Swenson, on behalf of the Gallatin Development Corporation, forwarded the application submitted by Advanced Manufacturing, Inc., for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund. She emphasized that . this is the type of business that the Gallatin Development Corporation has been promoting, since it supports the technology sector. She noted that this new start-up business is designed to provide support services to businesses like ILX Lightwave and Lattice Materials Corporation. Ms. Swenson stated that, while this is a start up business, it has an experienced management team, with good experience in sales and marketing, production and financial management. The team also has contacts in the market. Ms. Swenson briefly highlighted some of the eligibility criteria, noting that more than 50 percent of their revenues will be from outside Gallatin County, with a primary portion of the market being in California, which suffers from a shortage of this type of company. The cost per job is considerably less than $20,000; the matching funds are in the ratio of 1 to 1; the . management team has a strong commitment to the business; and the business is to be located inside the Bozeman city limits. Ms. Dixie Swenson stated that the CDSG Economic Development Loan Review Committee has reviewed this application and forwarded its recommendation, subject to the terms set forth in her memo dated January 21, 1998. She briefly highlighted the recommended terms and conditions, noting that the terms include interest only payments for the first six months, to ensure a positive cash flow for the business, an interest rate of 6 percent and a term of 5 % years. She stated that the City's loan is to be secured by machinery and equipment and accounts receivable, but current and future, with the City being in first position. She noted that additional terms include the submittal of monthly financial statements to the Gallatin Development Corporation, to provide for early detection of possible problems so they . can be addressed before they become big problems, payment of the loan in full if the business is sold, and notification to the lender if the owners' total compensation is to be changed. She characterized all of these conditions as standard for any loan from the revolving fund. She then stated that these conditions will be incorporated into the loan agreement, which is currently 02-02-98 - 14 - being reviewed by the City Attorney's office, noting that additional requirements are included in that agreement. Mr. Jeff Galanti, applicant, thanked everyone involved for the opportunity to bring this type of business to Bozeman. He stated that when he moved here from California three years . ago, he knew that this type of support business was needed in the area. He stated that his contacts in northern California know him and the quality of his work, and have expressed an interest in working with him and his business. He noted that, with the highly skilled labor force available in this community and the competitive wages he plans to pay, he feels that this business opportunity is viable. He forwarded his intent to grow in the community and to pay the employees for the skills they will eventually acquire. Responding to Commissioner Youngman, Mr. Galanti stated that a significant percentage of the production crew must be skilled and trained. He noted that the starting wage will be up to $7.25 per hour and, with training and experience, the wages will increase. Responding to questions from Mayor Stiff, Mr. Galanti stated that he worked in the technology business in northern California for twelve years, and during that time he gained . working relationships and friendships with people in national laboratories. He noted that several of them have indicated that when he has his business in operation, they wish to use his services. Further responding to Mayor Stiff, Ms. Dixie Swenson stated that, although the company is to be a limited liability company, the applicant will also provide personal guarantees. Responding to questions from City Manager Johnson, Ms. Swenson stated that after the Commission approves the loan and the general terms, her office works with the City Attorney in preparing the loan agreement and making sure that all of the terms and conditions, including the standard terms and conditions, are contained in it. She indicated that once the agreement is prepared, it is signed by the appropriate parties without being submitted to the . Commission for further action. Mrs. Galanti stated that she works at ILX lightwave, and they have found a lack of the type of machine shop her husband is proposing. She stated that, as a result, they are unable to obtain the quality products and services they need to meet their business needs. She noted that Big Sky Laser and other local businesses are also encountering the same problems. She 02-02-98 - 15 - then stated that she is from Great Falls, and her husband has long wanted to own his own business. She noted that they view their relocation from northern California as "coming home", and they intend to stay here. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . Commission approve the application from Advanced Manufacturing, Inc., for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund, as recommended by the CDBG Economic Development Loan Review Committee, subject to the following conditions: 1. The applicant provide proof that $80,000 in cash equity is in their bank account prior to the City releasing $80,000 in loan monies; 2. The terms of the loan include: (a) interest rate of 6 percent; (b) payments of interest only for the first six months; and (c) a loan term of 5 % years; 3. Machinery and equipment and accounts receivable will be used as collateral, with the City being in first position; and 4. Conditions of the loan agreement will include the following: (a) the applicant will submit monthly financial statements to the Gallatin Development Corporation; (b) the applicant must pay the loan in full . if Advanced Manufacturing Services, Inc., is sold; and (c) the City must be notified prior to any change in the owners' total compensation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearina - Conditional Use Permit with variances from Sections 18.65.070.C.. to allow two sians on site which exceed maximum size allowed. and 18.24.060. to allow building to exceed allowable height on west end bv 6 feet 9 inches - B.O.C.A.. L.L.C. - lot 10B. Tai Lane Addition (1825 South 11th Avenue) (Z-97168) This was the time and place set for the public hearing on a Conditional Use Permit, as requested by B.O.C.A., L.L.C., under Application No. Z-97168, with variances from Section 18.65.070.C., to allow two signs on the site which exceed the maximum size allowed, and . Section 18.24.060, to allow a building to exceed the allowable height on the west end by 6 feet 9 inches. The subject property is described as Lot 10B, Tai Lane Addition, and is more commonly known as 1825 South 11 th Avenue. Mayor Stiff opened the public hearing. 02~02-98 ~ 16 ~ City Manager Johnson stated that the public hearing before the City~County Planning Board was opened and continued and requested that the Commission open and continue this public hearing to February 17. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the . Commission continued the public hearing to February 17, to allow the Planning Board an opportunity to conduct its public hearing and forward a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearina - COA with deviations from Section 18.65.070.A., to allow freestandina sign to maintain six feet of minimum vertical clearance instead of reauired 8 feet and allow freestandina sign to be set back less than the reauired 15-foot minimum on Lots 1-15, Block 3, North 7th Addition - Paul VanderJaat for County Market, 912 North 7th Avenue (Z-97185) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Section 18.65.070.A., as requested by Paul VanderJagt . for County Market under Application No. Z-97185, to allow a freestanding sign to maintain six feet of minimum vertical clearance instead of the required eight feet and allow the freestanding sign to be set back less than the required 15-foot minimum on Lots 1 through 15, Block 3, North Seventh Addition. The subject property is more commonly located at 912 North 7th Avenue. Included in the Commissioners' packets was a copy of a letter from the Planning Department to Mr. Brian Murphy, Montana Signworks, acknowledging his withdrawal of this application. Mayor Stiff opened the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission acknowledge the withdrawal of this application. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 02-02-98 - 17 - Adjournment - 7:18 C.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. ~,~r~ ATTEST: V~ ;/~ ROBIN L. SULLIVAN Clerk of the Commission . . 02-02-98