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HomeMy WebLinkAbout1991-02-25 MinutesCORRECTIONS TO MINUTES February 25, 1991 Paqe 8 - Line 3-4 - change to read "... the back property taxes are approximately $1,000 for an -R-2 lot." MINUTES OF THE MEETING oFTHE CITY C0MM/55|0N BOZEMAN, MONTANA February 25, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 25 1981 at 2:00 p.m' Present were Mayor Hawks Commissioner Gocorung (at 3;30 p.m.), Commissioner Frost, Commissioner Swanson, Com- missioner Knapp, Acting City Manager Brey, City Attorney Becker and Clerk of the Com- mission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Acting City Manager 0rmy requested that the timeline for the 1991 sidewalk program be removed from the "FYI" Items for discussion; and that the spe- cial permit for park use for Sweet Pea '91 be removed from the Consent Items for dis- cussion. Minutes - February 19 1991 It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the minutes of the regular meeting of February 19, 1991, be approved as submitted. The me- tion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, Presentation from second qraders at Whittier School re Peet's Hill Acting City Manager orey stated that many students are present to forward their presentation regarding "Save Poet's Hill." David presented several letters to the Commission, requesting that no building be allowed on Pe+t's Hill. Nadine presented a rolled petition, containing signatures of the students in Ms. Vitmno's c|vos requesting that the Commission save Poet's Hi||, Another student presented a poem from Mrs. May's class, which Commissioner Frost read later in the meeting. Students reading and presenting their letters of support to the Commission included Annie, Amy' Brian S.' Nicholas, Tristan, Lindsay and Andy. Other students presented letters of support, which were not read into the record. Mayor Hawks provided a brief update on what the City has dome regarding possible acquisition of Peet's Hill, noting that discussions began approximately ten years ago. He m%-zs-g1 - z - noted that the owners of the property, who reside in Hawaii, will probably be in Bozeman in April; and he hopes to discuss the matter further and share the /ouero received today with thou. The Mayor then stated that not only is Peet`s Hill being considered, but the ridge area as well, Commissioner Knapp noted bow nice it is to have e group of young students in- volved in government, encouraging them to participate throughout the years to coma, Mayor Hawks then responded to several questions from the students about why the current property owner is considering building homes on peet^s Hill and where. Ms' v/ttnne' teacher, asked if there is anything else they can do to help keep Peat's Hill. Commissioner Swanson responded that there will probably be some monies involved in the final transaction; and the community may be asked to participate ln that funding in various ways. The Commission then thanked the children for attending this Commission meeting and providing their input. Recess 2:20 Mayor Hawks declared a recess at z:m p.m., to reconvene at »:so p,m, for the re- mainder of the regular meeting business items. R 3m Mayor Hawks reconvened the meeting at ]Jn pm. for the purpose of addressing the routine business /tams. Request for loan/grant from the City's CDBC Revolving Loan Fund outside target area - Affordable Home Ownership & Management Enterprises Acting City Manager Grey submitted to the Commission a memo from the CDBG Loan Review Committee, dated February 21 1991 setting forth their recommendation. Assistant Planner Debbie Arkm/| reviewed the Community Development Block Grant Loan Review Committee's recommendation. She stated that the request was submitted by Caron Couch Project Manager for Affordable Home Ownership x Management Enterprises (HOME). Under this application, HOME would construct two houses in Valley Unit Subdi- visiom on lots which have been acquired through the auction process by the Human Re- source Development Council. These homes would be valued at approximately $70.000' but would be sold to qualifying first-time low- or moderate-income family buyers for $59 The financing would be through grants to write dn*u the actual construction costs, as well as a financing package for the buyer from HRDC the Montana Board of Housing and the - ] - Seattle Federal wnmm Loan Bank. Planner Arke|| stated that an approximately $s SID balance exists on each O f these two lots, and HOME has applied for a grant from the City's CDBG Revolving Loan Fund, which consists of the loans and interest being repaid to the City from the 1984 CDBG program, to pay off those SID balances. The Planner stated that the Committee carefully reviewed this appxcation, noting that the subject lots are located well outside the City's target area as established b Commission Resolution No. 2736. She noted that there have not been adequate loan appli- cations from the target area to exhaust the funds avai|abJe; therefore, the Committee felt it appropriate to consider funding of this rcqaosc even though it is outside the target ar- ea, She stated that because of this factor, this item has been placed on the discussion agenda, rather than on the consent agenda. Planner Arko|| stated that the Committee recognizes that this program will assist low- and mode rate- income families by providing them an opportunity to realize the "Ameri- can dream, of owning e home" by constructing homes and selling them within their price range. She noted, however, that the Committee was concerned about simply granting $7 and paying off the SID balance because of the real possibility that the home would be sold within the next ton and one-half years, the remainder of the SID payment struc- ture. She stored that following discussion of that concern, the Committee voted to recom- mend to the Commission that the request be approved, but that the CDBG Revolving Loan Fund monies be expended to muxo the semi-annual payments as they borvmw duo. This procedure will alleviate the immediate drain on monies in that fund, as welt as assure that the uenef[tting parry is a qualifying {ow` or moderate-income family. Mr. Scott Heck, CDBG Loan Review Committee member stated that the loans/grants approved by that committee are based on the applicant's ability to pay; and the payments are tailored to fit within their means. He then noted that under the Committee's rec- wnmendmtiou the semi-annual SID payments would be made as long as the qualifying party owns the bmna; however, when ownership changes, those payments will stop unless the new purchaser also becomes qualified through the HOME program. He noted that wince the subject sites are located nuts/do the target area and due to the nature of the application, the Committee felt that Commission action was required. , Commissioner Swanson expressed concern that a tow-income family struggling to purchase m home of lesser value on the northeast side of town over the past five years might [bd that this program is creating an unfair situation. Mr. Heck noted that a low-income family would not qualify for loan on a home in the $no ' 000 price range because the income is not adequate. He then stated the price or construction has risen dramatically over the past eighteen months, so that rather than $32 - 4 - to *35 per square foot the costs are now $as per square foot. Responding to Commissioner Swanson, Planner Arke/| stated the homes to he con- structed are to be 1400 square rcot, with three bedrooms, two baths, and a single at- tached garage, She then reminded the Commission that a home in the R-2 zone, which is the zoning in this portion of Valley Unit, must he a minimum of 1200 square feet. Responding to Commissioner 0nehrung Mr. Heck stated that under HOME's contract with the purchaser, HOME will maintain the right of first refusal when the owner decides to sell. He noted that if HOME reacquires the home by paying the owner the amount or equity earned to date then resale would be to another qualified low- or moderate-income family. He cautioned, however, that if the house is sold on the open market, the new purchaser will probably not qualify for HOME's program; and the payment of SID assess- ments through the CDBG Revolving Loan Fund would cease immediately. Mayor Hawks noted that the language in Commission Resolution No. 2736 is rather specific as it addresses the target area. He then asked if that poses any problem for Commission approval of this application, Mr. Heck stu/cu he does not f**| this application poses any problems, particularly since the applications received are not outstripping the ability to fund. He then suggest- ed it may be time for the City to review and possibly expand the boundaries of the target area. Assistant Planner Arha|| stated that under the original grant program, runmmS or projects outside the target area was possible upon approval from the State; and six appli- cations were funded through that prncnss. She noted that this revolving fund loan pro- gram has been established under the jurisdiction of the City; therefore, the Commission has the option of approving applications outside the target area if deemed appropriate. Responding to Mayor Uewka Planner Arke|| stated that the guidelines for loans versus grants under this program are the applicant's ability to pay haob' She noted that based on that criteria a loan may be made, possibly at low or no interest rate/ or a por- tion or all of the monies may be granted. Mayor Hawks expressed concern that [fa qualifying family purchases and moves in- to the home, then within a bow years manages to raise their level of living, the program would no longer be beoefitting o low- or moderate-income family. He then asked if some type of monitoring is anticipated to ensure that the program is meeting the needs of those for whom it is intended. Mr. Heck stated the Committee did not discuss that is,we. He then suggested that rather than an annual review, it might be appropriate for the Committee to review the tax returns of the owner after five yw*rn since the remaining 3|D payment schedule is for ten and one-half years. 02-zs-y1 - s - Cvmmissiomer Goobrumg asked if the type of house to be constructed is the type of house that is needed for low- and moderate-income families. Mr. Jeff Rupp, Direct*, of the Human Resource Development Council, stated that the typical three bedroom, two bath house with single attached garage is the type needed by (o*- and moderate-income families. He noted that type of housing stock is low in Bozeman; and this program would create more of that type of housing at a cost which is affordable to those in need. Mr. Scott Heck muted that there is a lack of (ow priced housing in Bozeman. He then noted that Valley Unit is the only area of the cvmmunity whore a now home can be built on a relatively inexpensive lot within the city limits, with the possible exception of some odd lots in the central part of the community. Commissioner Frost stated support for annual rev/ow of the financial condition or the owner. He then suggested the possibility of including in the contract a stipulation that resale must be to another qualifying family. Mr. Scott Heck cautioned that the resale of the property cannot be restricted, since individuals are entitled to o*|| as they deem appropriate. He further noted that with the price that the house would likely be marketed for, a new buyer would not qualify for the HOME program. Mr. Jeff Rupp stated that eighteen months ago, the City Manager anprnoohmN him about the possibility of acquiring some lot, in Vn||oy Unit upon which to construct af- fordable housing. He noted that two lots have been acquired in Valley Unit as well as five lots in the Armstrong Subdivision in Belgrade; and HOME, a wholly-owned for-profit sub- sidiary or MRDC, has been created. He stated dte intent is to construct an afforab|o home on those lots, and target their sale to single mothers with two, or three children, with an- nual incomes of $16 to $18,000. Mr- Rupp stated that with the grants which HOME has sought' and with the fund- ing package which has been developed with the assistance or various agencies, a house can be constructed at a coat of $37 per square foot and marketed at an anorab|e price to the targeted individuals. Mr. Jeff Rupp than stated his support of the recommendation forwarded by the CoB6 Loan Review Committee and urged Commission approval. Mayor Hawks asked what incentive the new homeowner would have to maintain and protect the house, particularly if the equity earned is sot at $sou per year. Mr. Rupp stated that the pride of ownership should cause those individuals to maintain the home in an appropriate manner. Planner Arkel| noted that the homes are to be constructed and sold without the landscaping being done; so the new homeowners will be required to install those imprn,e- 02-25-91 -5- ments at their own expense, which will dramatically Increase their financial involvement. Following discussion of the mechanics of the program, the following motion was placed on the floor. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the application for a grant from the Community Development Block Grant Revolving Loan Fund in the approximate amount of $7 for two lots in Ya||ry Unit to be paid as the outstanding semi-annual special improvement district assessments hucwma due and payable' so long as a qualifying low- or moderate-income family owns the property under HOME's program, subject to the concerns raised in the above discussion. Commissioner Swanson then questioned whether there is any problem approving this request under the City's existing resolution. Commissioner Goehrung noted it has been quite some time since the Commission has reviewed the target area boundaries, suggesting it may be time to do so again. He then asked if the Committee Would be willing to review that issue and submit a recommendation back to the Commission; Mr. Heck responded in the affirmative. It was then moved by Commissioner Knapp, seconded by Commissioner Goehrung, that action on the above motion he tabled for a period of one week until after n resolution revising the provisions of the existing resolution has been adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commis- sioner Goabrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those vot- ing No, none. Continued discussion - format of meeting with advisory boards set for March 20 The Acting City Manager stated that Commissioner Swanson has requested that this item be placed on the agenda. He reminded the Commission that at last week's meeting, they decided to meet with the various advisory boards on March 20' a:s, a part of the goal setting process, with each advisory body being scheduled at a separate time. Commissioner Swanson stated that, rather than having the boards and commissions line through before the Commission in specific time slots, it would be beneficial to have everyone present at the same time. The Commissioner then distributed a proposed two-page "quality of life" survey to be mailed to all board/commission members for response. He then proposed some changes to that survey, including an additional question in which they would list throe priorities for their specific boards/commissions for the upcoming year. He suggested that responses to these surveys could be very beneficial to the Commission during their retreat as well as at the March 20 meeting. Commissioner Swanson then suggested that if this proposed format is used' those v2-2s-91 - 7 - present at the March zn mccun8 could be divided into several groups to discuss the info�r- maunn that has been developed to date. Mayor Hawks stated support for this proposal, suggesting that an RSVP be included in this mailing so it can be uvt*nninnd how many will be in attendance at the meeting. He noted that information is needed so that the appropriate arrangements can be made for a facility, Commissioner Goehrung suggested that the survey be revised to create a more stan- dard format which can be readily summarized. The Commissioners concurred in this revised format, as proposed by Commissioner Swanson. Staff report re setting f time date, | d fair market value for uctkm sale of Vall Unit lots Acting City Manager 6rey submitted to the Commission a memo from the Administra- tive Services Director dated February 22 19e1. Administrative Services Director Oamraut briefly reviewed the memo posting a map to show the location of the lots which have already been sold, as we as the lots to be sold in Valley Unit Subdivision auction. He stated that the recommendation is to sell the eight remaining R_2 lots and six of the remaining R-a lots. He then stated that the terms of the sale are to be the same as they have been for past sales, since those terms have proved very successful. He them highlighted those terms, which are as follows: su per- cent of the purchase p,rice as down payment at the time of sale; City to carry the balance for a two-year period at an interest rate of u percent; with semi-annual payments to be made in quarters opposite the due dates for taxes and special assessments; no prepayment penalty; and all delinquent special assessments will be written off, but the purchaser will be responsible for all future SID payments. The Director stated that the fair market values have been established as they have been in the past; and they are approximately $200 higher for R-z lots and $soo higher for R-3 lots. He stated that the average sale price per lot was $5 at the last auction sale, noting that the competitive atmosphere of the auction sets that price. He noted it is important to maintain a relatively low fair market value for these types of lots, so that all interested parties can participate in the bidding process. Administrative Services D�irectnr 0amradc stated that since this safe will exhaust the supply of R-2 lots, staff is presently considering the creation of such lots in the un- p|otted portions of the subdivision immediately east and west of the subject un°*|opmrnt. He noted that the R-3 lots can he easily sold, as long as the market does not soften. The Director stated that he has asked some of the r*a|tnrs to watch for possible o2-z5-y/ - H - ,a|ue must be carefully vet in anticipation of an auction sale. / ���' R�spon�in3 t� �ommiss[nnnr Knppp' thc 0rmctur stated tha� the armival property taxes are approximately $r.1n;-per lot, It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission establish the fair market values for lots to be sold at public auction, tentative- ly set for 1:00 p.m. on Monday, March 18, 1991, at the GranTree Inn, as follows: Lot Block Fair Market Value 13 28 $ 3 ]s 29 $ 3 z ] 0 $ 3 o 31 $ 3 11 38 $ 3 3 38 % 3 z 39 $ 3 u B $ 3 13 o $ 6 ln u $ 6 s }o $ 6 o /n $ o 7 xV $ 6 & 10 $ 8 and that the terms of the sale be set forth as follows: so percent or the purchase price as the down payment, with the balance to be carried by the City for a two-year period at an interest rate of o percent; with semi-annual payments to be made in quarters opposite the due dates for taxes and special assessments; and with no prepayment penalty; and that Mandeville Auction Service and Security Title Company be retained for said oa|c provided the fees can be satisfactorily negotiated. The motion carried by the following Aye and No vnna; those voting Aye being Commissioner GoahrmnV Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No' none. Discussion proposed timeline for the 1991 sidewalk program Acting City Manager Brey stated that Mayor Hawks had requested this item be removed from the "FYI" Items to the agenda for discussion. Mayor Hawks stated that during review of this timeline, several questions arose, He noted that discussions with staff have resolved a majority of those questions; however, he suggested that discussion with the Commission may be beneficial. engi- neering services for the sidewalk program; hn*ovnr he noted that in actuality, the City utnrr will perform the enginwmrin3 services for those who wish to install their own side- walks/ however, the engineering services for the sidewalks to be installed under contract will be completed by a consulting firm. The Mayor also stated he was concerned about the number of mailings contained in o2-7s-9l - s - the proposed timeline, and the attendant Costs involved. He noted that he feels adequate Ths Acting City Manager stated that the March 6 mailing would provide those po- tentially affected property owners with personal notification of the public hearing scheduled for March 18. He noted that the March 29 letter is the official notice for instal- lation of sidewalks; and that begins the thirty-day time clock set forth in the State stat- utes. roughly 75 days to plan, for and install the sidewalks; although staff recognizes that many of those days might involve inclement weather conditions. He indicated that it could be possible to include the response form with the first mailing. He expressed onnomrn how- ever, that people would not be able to respond immediately and would forget by the dead- Vne thivs causing the necessity for another mailing in early June anyway. He stated that the responses are required an that the consulting engineer can appropriately prepare the documents for construction. He further noted that because approximately sixty property owners are involved in this program' the costs of throe mailings would not be prohibitive. Commissioner Frost stated acceptance of the timeline as submitted. Commissioner Knapp questioned why the deadline for installation of sidewalks by property owners is set for July 15 but the bids for the remaining work are not to be awarded until July zy' Clerk of the Commission Sullivan responded that the amount of work to be completed by the contractor must he established at some point during the prvcuu, so the bid docu- ments can reflect the appropriate information. She further noted that July 15 is the same deadline set for repair of trip hazards on existing sidewalks. The Commission then concurred in the timeline for the lyyT sidewalk program as presented. Ordinance No. 1321 - vacating that portion of Cottonwood Street lying between Block 118 and Block 119 of the Northern Pacific Addition (lyingbetween North Church and North se Avenues Acting City Manager Brwy presented to the Commission Ordinance N*. 1321. as re- ODD/NANCEN0. 821 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAw MONTANA, VACATING AND ABANDONING THAT poRT|mw OF COTTON- WOOD STREET LYING BETWEEN BLOCK 118 AND BLOCK |/y OF THE NORTHERN PACIFIC ADDITION To THE CITY OFBoZEmAm. The ArUm8 City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of February 11 1991 and recommended that it be finally adopted at this time. 0z-25-91 -18- It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1327. vacating that portion of Cottonwood Strout lying between Block 118 and Block 119 of the Northern Pacific Auua/pn. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner 5wmoeoo Commissioner Knapp' Commissioner Qoehrung and Mayor Hawks; those voting No none. Authorize City Manager to sign Special Pe it for Park Use for Sweet Pea 1 91 Lindl Fa_rk - August 2, 3 and 4, 1991; request for waiver of open container ordinance The Acting City Manager reminded the Commission that he had requested this item be removed from the Consent Items for discussion. He noted that this request was made on behalf of Commissioner Knapp' who asked that this item be removed based on a request from Recreation Superintendent Sue Harkin. The Acting City Manager reminded the Commission that this agreement for use of Lindley Park' as well as the attendant waiver of the open container ordinance, are ap- proved on an annual basis. He then indicated that approval of this agreement, as submit- ted, and waiver of the open container ordinance does not represent a precedent because of the contributions which Sweet Pea makes back to the community annually. The Acting City Manager then recommended that the Commission authorize the City Manager to sign this special permit, as written. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize and direct the City manager to sign the special permit for park use for Semaz Pea 'gl; and approve the waiver of the open container ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner 0neurumg Commissioner Frost and Mayor Hawks; those voting N" none. Discussion - FYI Items In- formation" items. RFQ for professional engineering services for sewer line relocation associated with realignment of the North 7th Avenue railroad overpass. Mayor Hawks asked if the evaluation guidelines for selection of a firm have been included in this RFV. The Acting City Manager responded that inclusion of those guidelines is a standard part of the RFQ/KFP process for engineering services. (2) Memo from the Clerk requesting response on whether any Commissioners plan RAWAIM11 - 11 - to attend the Elected Officials Workshop on March 21-22, 1991. Each of the Commissioners responded in turn, with Commissioner Goehrung being the only one indicating a possible intent to attend. (3) Minutes of the gAQAB meeting held on February 18 199 (4) Minutes of the Beautification Committee meeting held on January 29 1991. Mayor Hawks noted that those minutes seem to indicate a need for Commission action in the near future, and suggested that the proposed sharing of costs for the Sculpture Park project should be placed on next week's agenda far discussion. He also asked that the Committee be notified of this discussion. (5) Memo from the Clerk of the Commission, dated February 21, requesting that initial lists of goals for FY92 be submitted by the Commissioners by 5:00 p.m. on Wednes- day, along with a copy of the goals for FY91. sta- tus of the various subdivision bills. Planning Director Epp|e briefly reviewed the memo noting that four bills had been introduced in the House Natural Resources Committee; and those have now been condensed and amended into one b|||, with one back-op bill for possible consideration if the primary bill is not successful. He then reviewed the primary contents of the bills as introduced and the amended bill as forwarded from the sub-committee to the Natural Resources Com- mittee. The Director stated that the amended bill has been approved by the Committee, and forwarded to the floor of the Rouse with a "do pass" recommendation. He noted it appears that the bill could be heavily amended before action is taken; and that action is scheduled for this afternoon. Be stated the bill must also go through the Senate; and he antic/pates revisions will be made before that body prior to adoption. He noted that in that instance the bill will be sent to a joint committee; and there would be opportunity for public input once again before that committee. Responding to the Mayor, Planning Director Epple noted that many of the amend- impor- tant to maintain public involvement and participation in the process. He then noted that the twenty-acre definition and exemptions have created many problems state-wide, particu- larly in the rural counties; and it is important to address those issues. (7) The Acting City Manager submitted his weekly report, as follows, (I ) At- tended the Senior Center Advisory Board meeting last week, where items discussed includ- ad sidewalks, preparing a budget and preparing a draft management agreement for man- agement of the senior center. (z) Has been preparing for Mr. Arendt's upcoming meetings in Bozeman. (s) Reviewed the process to he followed for surveying and appraisal of the oz-zs-9/ _12_ Burke property. (4) x representative from one of the sign companies indicated that the City of Kalispell will be conducting a public hearing on a new sign code which could pro- hibit off premise signs. He will he keeping an eye on the progress of that ordinance. (8) Commissioner Knapp submitted the following. (x) Attended Leadership Bozeman on Thursday, where the topic was education. (2) Plans to attend the QPW meet- ing at noon on Thursday where County Commissioner Jane Jelinski will make e presenta- tion, on the Montana tax coalition. (]) Reminded the Commissioners of the fax service to the legislators, which is available at the Bozeman Public Library. (0) Commissioner Swanson stated his desire to attend a seminar on setting up an office of environmental management in the City government, with its focus being on all en- vironmental issues facing the community- He noted that many European cities utilize this structure; and San Jose, California, is one of the few cities in the U.S. to adopt it. The Commissioner indicated his intent to seek a grant to fund a portion of the costs with the City to pick n» the remainder. Mayor Hawks indicated this item must be placed on an agenda for Commission action pr/or to attendance at such a meeting. (18) Commissioner Frost reminded the Commission or the POST meeting, to be held at 7.00 p.m. on Thursday in the Commission Room. (11) Commissioner CuohrunS submitted the following. (1) Announced that at 7:30 a.m. on Wednesday morning, he will participate in a presentation on how to begin recycling in small businesses. (2) Announced that the ad hoc recycling committee will be meeting in the Conference Room this evening. He noted that if the public hearing before the Commission becomes lengthy, he may need to leave for that committee meeting. (z) Noted he has received a letter from KGLT requesting a letter of support for a grant appli- cation to allow for expansion and upgrading of their production facilities. He then asked if the Commissioners would be interested in signing a letter of support from the entire Commission, rather than just one Commissioner; they concurred, (12) Mayor Hawks asked if the date for thio public hearing on the 1991 sidewalk program has been ,et. The C/erk responded that Commission concurrence in the proposed timeline for the 1991 sidewalk program did in essence set the public hearing for March 18 19e1. (13) Mayor Hawks then asked if the meeting tentatively scheduled for March s with the Missoula City Council has been firmly sot. Clerk of the Commission Sullivan briefly highlighted the ,eruo/ response she has received from the Mayor's office in Missoula, noting that it has been set for a:ou ».m. on Wednesday, March h, at the Park Plaza Hotel. Mayor Hawks then asked if it would be beneficial for the Commissioners to go to oz-zs-y, - 13 - Helena early, and possibly meet with the various legislators regarding issues of importance to the City. Acting City Manager Brey cautioned that it appears that scheduling of appointments with the local legislators is difficult, if not impossible, at this time. He then indicated a willingness to contact some of the legislators to determine if their schedules could possibly include time to meet with the City Commissioners that day, noting he will submit that in- formation at next week's meeting. (14) Mayor Hawks asked if the minutes of the Commission meetings are available for public review at the Library. The Clerk responded they are not; however, she noted that the Library could easi- ly be included in the distribution of minutes on a weekly basis, Commissioner Swanson stated support for that suggestion, noting the minutes con- tain valuable information about why the Commission has acted in the manner it has; and there is presently no other method of distributing that information. He noted that the Bozeman Daily Chronicle does a good job of reporting; however, one short news article cannot do justice to a two-hour discussion. (" , c .. f r +­ The Acting City Manager presented to the Commission the following Consent Item. Award bid - disinfection system modifications at the Waste Water Treatment Plant; authorize City Manager to sign necessary documents It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as fisted, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Coehrung, Com- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Recess - 5:23 o.m. Mayor Hawks declared a recess at 5:23 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m, for the purpose of conducting the scheduled public hearing. Public hearing - Ordinance No. 1322 - amending Ordinance Nos. 1303, 1308, 7314 and 1317 (interim zoning ordinance) re flood hazard district regulations This was the time and the place set for the public hearing on Ordinance No. 1322, 02-25-91 - 14 - as reviewed by the City Attorney, entitled: ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BO0ZEMAN, MONTANA, PURSUANT TO SECTION 76 -2 -306, MONTANA CODE ANNOTAT- ED, AMENDING ORDINANCE NO. 1303, THE INTERIM ZONING ORDINANCE, AS AMENDED BY ORDINANCE NOS. 1308, 1314 AND 1317, BY REVISING CHAPTER 18.44, WITH SAID AMENDMENTS TO THE INTERIM ZONING ORDC- NANCE BEING EFFECTIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF ONE (1) YEAR FROM THE EFFECTIVE DATE OF ORDINANCE NO. 1317, Mayor Hawks opened the public hearing. Acting City Manager Brey stated that, although the flood hazard district regulations are contained in the interim zoning ordinance portion of the Bozeman Municipal Code, the Director of Public Service is the director of the program. Director of Public Service Forbes stated that this section of the code is being revised in response to the State Department of Natural Resources and Conservation; and enactment of this ordinance tonight will meet the deadline for adoption of these new regu- lations. The Director then stated that he has highlighted the changes in his memo of Feb- ruary 21, which was included in the Commissioners' packets. Those revisions include the addition of some definitions and changes to others; changes in the interpretation of flood - plain boundaries; new subsections added pertaining to floodplain development permit appli- cations; a new section on emergency preparedness planning; and changes regarding place- ment of manufactured homes in a floodplain zone. Responding to Commissioner Knapp, the Director stated that these revisions will bring the City's regulations into conformance with those contained in the State and Federal programs. He noted that the City does have the option of making any given component of the program more restrictive; however, he stated that he did not find any that lie felt need to be tightened at this time. Acting City Manager Brey noted that some of the components contained in the zone code regulations pertaining to streambank setbacks are more restrictive than the regu- lations contained in this section of the code. He cautioned the Commission, however, that those sections have been created for different purposes. No one was present to speak in opposition to the proposed revisions to the interim zoning ordinance, Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt Ordinance No. 1322, amending Chapter 18.44 of the interim zoning ordi- nance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none, 02 -25 -91 - ,s - Adjournment - 7:09 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the foUowing Aye and No vote: those voting Aye being Commissioner Swanson Commissioner Knapp' Commissioner Goohrung Commissioner Frost and Mayor Hawks; those voting Nn' none. uz-2s-91