HomeMy WebLinkAbout1993-01-25 ccm
,_u'. .~~
. .
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOlEMAN,
MONTANA
January
25, 1993
*****************************
. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, January 25, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Swanson asked if any of the Commissioners wished any of the Consent Items be
removed for discussion. He then requested that the Building Inspection Division report for
December 1992 be removed for discussion.
Minutes
Mayor Swanson deferred action on the minutes for the regular meetings of January 11
.nd January 19, 1993 for a period of one week.
Continued Dublic hearina - Commission Resolution No. 2900 - intent to annex 10.0-acre tract
located in the W% of the NE%. Section 11. T2S. R5E. MPM (north side of West Babcock Street.
west of its intersection with West Main Street)
This was the time and place set for the continued public hearing on Commission
Resolution No. 2900, as approved by City Attorney Luwe, entitled:
COMMISSION RESOLUTION NO. 2900
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID
CITY OF BOZEMAN, AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
. CORPORATE LIMITS THEREOF.
City Manager Wysocki presented the memo included in Commissioners' packets from Clerk
of Commission Sullivan dated January 22, 1993. He noted that staff was unable to meet during
. this past week because of scheduling conflicts; therefore, they have no responses to the questions
and issues raised by the Commission. He requested that the Commission reopen and continue the
01-25-93
-,_.-
-
----. .-----....
- 2 -
continued public hearing for a period of one week, to allow staff the time to prepare responses to
the Commission's questions.
Mayor Swanson reopened and continued the continued public hearing to 3:30 p.m. on
Monday, February 1, 1993.
. Ordinance No. 1359 - amending various sections of the zoning ordinance to reflect the DroDosed
revisions as initiated bv the City Commission and the City-County Planning Board
City Manager Wysocki presented Ordinance No. 1359, as prepared by the City Attorney,
entitled:
ORDINANCE
NO.1359
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS
AMENDED BVORDINANCE NO. 1332ANDORDINANCENO. 1341 WHICH SAID
ORDINANCES ARE NOT CURRENTL V CODIFIED IN THE BOZEMAN MUNICIPAL
CODE, BE AMENDED BY REVISING SECTIONS 18.04.010; 18.06.040C;
18.06.060; 18.08.020; 18.10.010; 18.10.020B; 18.10.030D; 18.10.060;
18.12.010; 18.12.030; 18.12.060; 18.14.060;
18.16.060; 18.17.060;
18.18.020B; 18.18.060; 18.20.020B; 18.20.060; 18.24.020; 18.24.060;
18.26.020B; 18.26.060; 18.28.060; 18.30.060; 18.38.060; 18.41.050;
18.42.020; 18.42.030C; 18.42.050; 18.42.060C; 18.43.040C; 18.43.050;
. 18.43.060F; 18.43.080; 18.50.020C8; 18.50
.035C; 18.50.070A;
18.50.120F1; 18.50.120F3; 18.50.1601; 18.52.050; FORMS 2,3 AND 4 OF
18.54.100E; 18.56.030; 18.58.010; 18.58.080; 18.62.090A; AND 18.70.020
OF SAID CODE, PROVIDING FOR REVISION TO THE FOLLOWING: GENERAL
DEFINITION OF TERMS; BOUNDARY
INTERPRETATION GUIDELINES;
CLASSIFICATION OF PARTICULAR USES; COMPLIANCE WITH ZONING
REGULATIONS; INTENT OF CONDITIONAL USES, LOT AREA AND WIDTH, AND
BUILDING HEIGHT FOR A-S DISTRICT; INTENT, LOT AREA AND WIDTH, AND
BUILDING HEIGHT FOR R-S DISTRICT; BUILDING HEIGHT FOR R-1, R-2, AND
R-2A DISTRICTS; CONDITIONAL USES AND BUILDING HEIGHT FOR R-3A AND
R-3 DISTRICTS; PERMITTED USES AND BUILDING HEIGHT FOR R-4 DISTRICT;
CONDITIONAL USES AND BUILDING HEIGHT FOR R-O DISTRICT; BUILDING
HEIGHT FOR B-1, B-2, B-P, AND R-MH DISTRICTS; DEFINITIONS, DESIGN
REVIEW BOARD POWERS AND CERTIFICATE OF APPROPRIATENESS IN
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; DESIGN REVIEW
POWERS, CERTIFICATE OF APPROPRIATENESS, SIGNAGE STANDARDS, AND
DEVIATIONS IN ENTRYWAY CORRIDOR OVERLAY DISTRICT; GENERAL
BUILDING AND DEVELOPMENT STANDARDS: OUTDOOR
SALES AND
DISPLA VS; OUTDOOR STORAGE; FENCES, WALLS AND HEDGES; DISABLED
ACCESSIBLE PARKING REQUIREMENTS; NON-CONFORMI
NG USES;
CERTIFICATE OF APPROPRIATENESS SUBMITTAL REQUIREMENTS; PLANNED
. UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA EVALUATION
FORMS; POWERS AND DUTIES OF BOARD OF ADJUSTMENT; DEFINITIONS
UNDER PLAN APPEALS PROCEDURE;
HEARING PROCEDURE;
ADMINISTRATION OF BUILDING PERMITS
AND INST ALLA TION OF
IMPROVEMENTS; VIOLATION PENAL TV PROVISION.
The City Manager reminded the Commission that they had provisionally adopted this
01-25-93
..._.___u___ ----
- 3 -
ordinance at their regular meeting of January 11 and recommended that it be finally adopted at this
time.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission finally adopt Ordinance No. 1359, amending various sections of the zoning ordinance
eo reflect the proposed revisions as initiated by the City Commission and the City-County Planning
Board. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
Ordinance No. 1360 - adding Chaoter 2.84 to the Bozeman Municioal Code. oroviding for the
creation of the Bozeman Beautification Advisory Board and establishing the duties and
resoonsibilities thereof
City Manager Wysocki presented Ordinance No. 1360, as approved by the City Attorney,
entitled:
ORDINANCE NO. 1360
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
. OF BOZEMAN, MONTANA, PROVIDING THE ADDITION OF
CHAPTER 2.84 TO THE BOZEMAN MUNICIPAL CODE, THE
CREATION OF THE BOZEMAN BEAUTIFICATION ADVISORY
BOARD AND EST ABLlSHING THE DUTI
ES AND
RESPONSIBILITIES THEREOF.
The City Manager reminded the Commission that they had provisionally adopted this
ordinance at their regular meeting of January 11 and recommended that it be finally adopted at this
time.
Commissioner Vincent questioned the language n... consist of up to nine (9) members...",
asking if it is legal and whether the purpose is to provide flexibility.
City Attorney Luwe responded that the language is legally acceptable. He stated that with
this language, the Commission has the flexibility of appointing five, seven, eight or nine members
to the Board, depending on any of several factors, Le., the level of activity being undertaken by the
.oard, and possibly the number of interested applicants.
Commissioner Vincent stated the requirement that a majority of the board members be
residents of the city, and asked if the non-residents will be required to live in the planning
jurisdictional area.
01-25-93
...-..........---.
- 4 -
The City Attorney responded that there is no limitation on where non-resident members
reside. He noted the only requirement listed in the ordinance is that they "... shall have some
interest in the city by virtue of working in the city, owning property in the city, or entering the city
frequently for any lawful purpose."
. Mayor Swanson reviewed a Letter to the Editor in the Friday edition of the Bozeman Dailv
Chronicle in which the writer was under the impression that the City would be spending $40,000
to $60,000 of its General Fund monies for a sculpture for the North 7th Avenue Sculpture Park.
He explained that, in reality, this sculpture is to be funded through private donations and successful
grant applications being sponsored through the Beautification Committee. He asked that the
Committee write to that individual to provide the facts.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission finally adopt Ordinance No. 1360, adding Chapter 2.84 to the Bozeman Municipal
Code to provide for the creation of the Bozeman Beautification Advisory Board. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none.
.
Pledged Securities as of December 31. 1992
In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner
Knapp and Mayor Swanson have examined the receipts of Depository Bonds and Pledged Securities
held by the Director of Finance as security for City funds deposited in Bozeman banks. The
inventory of Depository Bonds and Pledged Securities was found to be in order.
Commissioner Knapp recognized that the pledged securities for the City are easily
reviewed because of the preparatory work completed by the Treasurer each quarter.
Mayor Swanson added that the bank has provided more in depository bonds and pledged
securities than the balance in the City's accounts. He indicated his comfort with having the City's
.deposits so well protected.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the inventory of the Depository Bonds and Pledged Securities as of December
31, 1992, and listing of these be set forth as follows:
01-25-93
. __n__._____ . .--.--..-. --.-----.....
,",'--- ____.u__....
- 5 -
DEPOSITORY BONDS AND SECURITIES
DECEMBER 31, 1992
RATE MATURITY
RECEIPT NO. TOTAl AMOUNT
FIRST SECURITY BANK - Bozeman
Federal Deposit Insurance Corporation
$ 100,000.00
.rusteed with National Bank of Commerce
Dupage Cnty, III SID #045 Bds 6.1 06/01/2001
048037 $ 300,000.00
West Jordan UT Wtr & Swr Rev Bd 7.25 07/01/1994 046776
200,000.00
EI Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737
200,000.00
Pub Indl Corp Port of Camas 8.50 11/01/2002 046763
270.000.00
Sub-Total - First Security Bank - Bozeman
$ 970.000.00
Pledging Amendment to Reourchase Agreement:
Trusteed with National Bank of Commerce:
Fed Home Loan Bank 7.50 06/27/1994
046739 $ 1,000,000.00
Fed Natl Mortgage Assn 8.45 07/15/1996 046742
250,000.00
. Fed Farm Credit Banks 8.80 03/15/1995 049024
500.000.00
Sub-Total - Repurchase Agreement
$ 1.750.000.00
TOTAL - First Security Bank - Bozeman
$ 2.720.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-407, M.C.A., have this day certified the receipts of the National Bank of
Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for
the City of Bozeman funds as of December 31, 1992, by the banks of Bozeman and approve and
accept the same.
TIMOTHY SWANSON, Mayor
JOE N. FROST, Commissioner BEVERLY H. KNAPP, Commissioner
.
ALFRED M. STIFF, Commissioner JOHN C. VINCENT, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those
voting No, none.
01-25-93
- 6 -
Buildina InsDection Division reDort for December 1992
City Manager Wysocki reminded the Commission that Mayor Swanson had requested this
item be removed from the Consent Items.
Mayor Swanson stated that the last page of this report contains a graph showing the
.building permit valuations for the last ten years, an item which he had requested be included. He
noted that he also asked Administrative Services Director Gamradt to provide a summary of the
property taxes that the City would realize from a $27 million increase in valuation; and he has
provided that and more information in a sheet that was distributed to the Commission just prior to
the meeting. He stated the sheet reveals that for a full year of additional valuation at the current
mill levy, the City would realize $130,000 additional revenue. He informed the Commission that
while this seems like a substantial amount of additional revenue, in reality, it might not cover the
actual impacts to City services.
Commissioner Stiff noted that, while healthy growth does generate additional revenues,
it generates only a pittance toward major issues such as transportation system needs.
Mayor Swanson cautioned the Commission that the average new valuation over the last
eten years is $19.5 million per year; however, growth has been below that average seven of those
ten years. He continued that, while the City is enjoying extraordinary growth now, the historic
perspective must also be considered.
Commissioner Frost suggested that this information reflects the need for impact fees, to
ensure that growth pays its fair share of costs incurred.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the Building Inspection Division report for December 1992.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those
voting No, none.
&iScussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
01-25-93
-.- --.. -.-----.-----.--.-,,- - ~- --.-
- 7 -
(1 ) Copy of the notice to be published in the newspaper seeking applications for
vacancies on various boards and commissions.
(2) Copy of the notice to be published in the newspaper seeking applications for the
newly-created Bozeman Beautification Advisory Board.
. (3) Copy of the notice of public hearing for the HOME grant application, which the
Human Resource Development Council is conducting at 7:00 p.m. on Thursday, January 28, in the
Commission Room.
(4) Invitation to attend the open house being conducted by Reach, Inc., on Friday,
January 29, at their 436 North Third Avenue residence.
(5) Agenda for the January 26, 1993 meeting of the Gallatin County Commission,
along with daily minutes for the weeks of January 4 and January 11, 1993.
(6) Proposal for the southward extension of the Gallagator Park, as prepared by the
Gallatin Valley Land Trust.
(7) Agenda for the Development Review Committee meeting scheduled for 10:00
a.m. on Tuesday, January 26, 1993.
. (8) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on
Tuesday, January 26, 1993.
(9) The City Manager submitted his weekly report, as follows. (1) Noted that he and
County Commissioner Jane Jelinski coordinated the presentations to Leadership Bozeman on
Thursday, since the session was on local government. (2) Attended Local Government Day in
Helena on Friday. He noted the morning was spent attending formal sessions; the afternoon was
spent meeting informally with legislators and attending hearings; and a dinner was held in the
evening for local representatives and legislators from Missoula, Kalispell and Bozeman. (3)
Attended the TCC meeting on Wednesday morning, at which they received an update on projects.
He noted that the North 19th interchange project is scheduled for bid letting on June 25. (4)
.Stated that, outside the budget process, he has approved the replacement of a 1964 pickup.
previously a Civil Defense unit, with a used 1984 pickup. He stated this pickup was acquired from
the government surplus operation in Helena at a cost of $2,200 and will be used as a welding
pickup. (5) Noted that the snow berm on Main Street is the responsibility of the State Highway
Department; and indicated that it will probably be allowed to melt in place, since it is too hard to
01-25-93
.-
.
- 8 -
be loaded into a truck through a blower.
(10) Commissioner Vincent stated that he attended Local Government Day on Friday.
He noted that conversations with individual legislators revealed that the sales tax probably won't
pass in the Legislature but will appear on a ballot in June; the population cap will probably not be
.removed from the resort tax provision; the gas tax bill probably will not pass; and the additional 3
percent accommodations tax will probably pass, with the State taking a cut of the revenues before
being forwarded to local governments. He stated that he did not sense any animosity against local
governments, and that many of the legislators recognize that federal and state mandates have been
passed down to local governments without any funding. He suggested that any changes in taxes
at the State level will be dependent upon actions taken at the federal level.
(11 ) Commissioner Knapp submitted the following. (1) Attended the TCC meeting
on Wednesday. (2) Announced that on Friday, she will attend a meeting of the Library Services
Advisory Council in Helena.
( 12) Commissioner Frost submitted the following. (1) Attended the DBA meeting on
Wednesday morning, at which time Terri Wolfgram replaced Steve Schnee as President. (2)
.Attended the Planning Board meeting on Wednesday evening. (3) Attended Leadership Bozeman
on Thursday. He noted that he is continually reminded of the strength of the City and County
staffs and the quality of their presentations. He stated that Associate Planner Arkell's presentation
on the Wal-Mart process was extremely informative. He stated that lunchtime conversation
revolved around poor press coverage and the fact that the public does not receive adequate facts
to determine if they agree with actions being taken by the governing body, citing the Wal-Mart
issues and the expenditure of Valley Unit assessment monies received as examples. (4) Attended
Local Government Day in Helena on Friday. He stated that he and Administrative Services Director
Gamradt testified in support of HB402. He noted there are four subdivision review bills before the
Legislature this session; and the general feeling is that one of those may pass. He indicated that
. he had mixed feelings about the comments he received from various legislators throughoutthe day;
but he indicated that it ended on a positive note with the evening dinner meeting.
(13) Commissioner Stiff submitted the following. (1) Spent a considerable amount
of time reviewing the transportation plan update document in preparation for next week's public
hearing. He questioned whether the Commission Room will be large enough to accommodate those
01-25-93
--...---
-.-.
.
- 9 -
who wish to be present for the public hearing. (2) Announced that he spent time reviewing the
old minutes from when the mill levy for Valley Unit Subdivision special improvement districts was
originally implemented.
(14) City Attorney Luwe submitted the following. (1) Attended Leadership Bozeman
eon Thursday. (2) Stated he is working on a pre-treatment ordinance which will meet the federal
mandates, in preparation for Commission action next month. (3) Stated that he received a call from
the City Attorney in Billings, notifying him of a bill in the Legislature that would impact the
workload in City Court and his office.
( 15) Clerk of the Commission Sullivan stated that three public hearings have been
scheduled for next Monday night, noting that two pertain to zone map changes while the third is
on the transportation plan update. She asked if the Commission wishes to conduct all three
hearings or if it wishes to continue some of them to another date.
Following discussion, the Commission concurred that the evening session of the
Commission meeting should be relocated to the County Courthouse, in response to Commissioner
Stiff's concern. They further concurred that the public hearings on the zone map changes
.requested by Carter Williams and Roy Wiegand should be continued for a period of one week, to
February 8.
The Commission discussed the public hearing schedule for the remainder of the month,
since the next regularly scheduled public hearing date would fall on Tuesday, February 16, and
conflict with other activities in the community. As a result of that discussion, they decided that
those hearings should be rescheduled for Monday, February 22.
The Commission also discussed the structure for the public hearing on the transportation
plan update. In anticipation of a large number of people wishing to speak, they set a three-minute
limit for individuals wishing to testify, with a possibility of extending that time limit to five minutes
if few people wish to speak as individuals; and established a ten-minute time limit for
.sPokespersons for groups. They recognized the possibility of continuing the public hearing for a
specified period of time, i.e., ten days, for accepting written testimony only prior to making a
decision.
Mayor Swanson noted the incredible amount of time which the Planning Board devoted
to preparing a recommendation for Commission consideration, noting that they held eight extra
01-25-93
.-...---..
~.,.".~--~'- ~
.
- 10 -
meetings to prepare that recommendation.
(16) Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce,
reminded the Commission of the annual Chamber dinner meeting scheduled for tomorrow night.
(17) Mayor Swanson submitted the following. (1) Announced that he will be in
.Helena on Tuesday to testify on two bills. He stated that one of those bills, sponsored by the
. League, would provide that police officers who are injured and collecting workers' compensation
would get net pay rather than the gross pay they currently receive. He noted that another bill
would raise the limits for the bidding process from the current $10,000 limit to be consistent with
the County, which is $20,000 for equipment and $40,000 for construction projects. (2) Thanked
the City Manager and Clerk of Commission for their work in organizing the Friday evening dinner
with legislators and representatives from Missoula, Kalispell and Bozeman, stating he feels the
meeting was a success. He added that several of the legislators from Bozeman are willing to carry
bills for local government. (3) Stated that on Saturday, he viewed the debate on the shoreline
protection bill, which would have required that buildings be located a minimum of 50 feet from the
shoreline instead of the current 20 feet. He noted that House essentially gutted that bill, so that
.t no longer provides the protection for water quality that prompted submittal of the bill. (4) Noted
that one of the key House members on subdivision review is extremely negative about planners and
views them as the problem. He explained that this could lead to problems for any subdivision
review bills that may be forwarded during this session. (5) Noted a sign at the Holiday Inn in
Frankfurt, Germany, where he stayed last week. He stated that the sign asks guests to use their
towels for more than one day if they feel comfortable in doing so, and indicates that any towels
laying on the floor will be picked up for laundering and replaced with clean towels. He suggested
such an approach could possibly be utilized in the States as well.
(18) Commissioner Frost stated that one of the deviations requested under the
Consent Items below is in the Evergreen Business Park development. He noted that Mr. Kack has
.done an outstanding job in planning for this project, which should result in an enhanced entryway
to the community, even from the interstate. He indicated his wholehearted support for the
requested deviation, noting that it enhances an excellent project.
01-25-93
_..._____.____n
--..,-- .~....... --
c . . ,
- 11 -
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Commission Resolution No. 2904 - setting new waste water (sewer) rates.
effective on March 1. 1993 billina
COMMISSION RESOLUTION NO. 2904
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTE
WATER (SEWER) SERVICES CHARGES FOR THE CITY OF
BOZEMAN.
Deviation to Section 18.50.100.5.(5.bJ to allow an unbroken row of oarkina to
exceed the maximum 100-foot lenath - Lot 10. Evergreen
Business Park
(southeast of Conoco bulk Dlant. south of Cardinal
Distributina and
north of 1-90)
Deviation to allow exoansion of non-conformina accessory use bv addina a
second story to an existina garaQe structure - Vernon
Troxel. 607 West
Lamme Street
Authorize City Manager to sign - Ploeline Easement and Aareement - Gallatin
Countv. Montana - relocate a oortion of the existing
30-foot-wide
sewer easement located in the W%. SW%.. Section 12.
T2S. R5E.
MPM (aooroximately 67.46-foot section at northwest
corner of Law &
Justice Center orooertv)
AODlication for Kennel License - Joe Toohey. 616 North Bozeman Avenue -
Calendar Year 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, 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 Frost, Commissioner Stiff, Commissioner Vincent, Commissioner
Knapp and Mayor Swanson; those voting No, none.
Adjournment - 4:40 o.m.
There being no further business to come before the Commission at this time, it was
moved
by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
.oting No, none.
~~J~
ROBIN L. SULLIVAN - -
Clerk of the Commission
01-25-93
- --.. ...--.- . ---...--