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HomeMy WebLinkAbout1989-04-24 .., .::l"; . . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN ,MONT ANA April 24, 1989 ************************ The Commission of the City of Bozeman met In regular session In the Commission Room, Municipal Building, April 24, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked 'if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Hawks requested that the lease agreement between the City and the Beall Park Arts Center be removed; and Commissioner Martel requested that the contract documents for excavation of the landfill expansion be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meetings of April 17, 1989 be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks. Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting ,No, none. Open bids - four vehicles for various City departments (CI P) This was the time and place set for opening of bids for four vehicles for various City departments. The City Manager reminded the Commission that monies for purchase of these vehicles has been budgeted through the Capital Improvement Program appropriation ordinance. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be opened and read aloud. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. The following bid was then opened and read: Schedule I Schedule II Schedule III Schedule IV Total Bozeman Ford Bozeman, Montana No Bid $22,906.00 $12,580.00 $54,486.00 $19,100.00 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be referred to staff for review and a recommendation to be submitted at next 04-24-89 ,.~ .;; -;- - 2 - week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. expan- This was the time and place set for the continued public hearing on the Conditional Use Permit requested by David A. Osterman to allow the expansion of an existing mlni- warehouse complex on Tract A, May's Tracts, and Tracts 40-A and 41-A, Northeast Annexa- tion. The site is more commonly located at 1915 North Rouse Avenue. Mayor Stiff opened the continued public hearing. City Manager Wysocki <reminded the Commission that this public hearing was con- tinued at last week's meeting to allo'f/)the staff an opportunity to respond to comments made by the owner's representative during that meeting. He then submitted to the Commis- sion a memo from the Planning staff dated April 24, 1989, listing the staff's responses to those issues. Planner Dave Skelton highlighted the memo which was submitted to the Commission. He stated that In 1985, through adoption of Ordinance No. 1177, the Commission de- termined that all development proposals within the "T" districts were to be reviewed under the conditional use permit or planned unit development provisions of the code. He stated this ordinance removes the discretionary provision and establishes a mandatory policy for reviewing all development in the "T" district through one of those processes. Planner Skelton stated that the staff has consistently determined that review of a "T" district development includes ,review of the six criteria set forth for review of condi- tional use permits as well as those criteria set forth for the specific "T" district. He not- ed this Is reflected in the manner in which the staff reports are prepared; and the re- sponses listed for those criteria. The Planner then stated that Criterion No. 2 used for evaluation of all conditional use permits Is a broad statement concerning impacts on the public health, safety and gen- eral welfare. He stated the staff has consistently evaluated vehicular and pedestrian Im- pacts for all applications under this criterion. He reminded the Commission that the staff has not recommended that the developer improve the street or sign a waiver of protest for the creation of a special improvement district to do so. He also noted that not all waivers have pertained to paving ,noting that some have been for signalization and other public improvements. Planner Skelton stated that since January 1, 1987, all conditional use permit appli- cations have been reviewed in light of the existing policy. He noted that waivers have 04-24-89 04-24-89 ""c-'!,.. '-1. - 3 - .. 04-24-89 ,.. T 1 - 4 - 04-24-89 h, - 5 - ten. ~1,!,~ ,~ - 'iC"'s..j. l.~. - 6 - Mr. Dave Osterman, applicant, questioned whether requiring a waiver of protest for the creation of special improvement districts is legal for a development within a "T" dls- trict. He stated he had raised that question in December, before he submitted this appli- cation; and he feels he has not yet received a definite answer from the City. City Attorney Becker responded that the legislative body has directed the Planning staff to review any applications for development in the liT", Transitional, district under the conditional use permit requirements. He stated that procedure is legal, and has estab- lished the existing review process. Mr. Osterman then indicated that his attorney has indicated the process is not le- gal. He further stated he does not want to keep resubmitting the application and paying the associated fee for this project. Mr. David Osterman then stated that the subject parcels are separate from the par- cel upon which the existing mini-warehouse development is located. He indicated that he could divest himself of ownership of that parcel and develop the proposed mini-warehouse development on the new tracts, noting that access would then be gained through an ease- ment since it has no frontage along North Rouse Avenue or East Griffin Drive. City Manager Wysocki asked Mr. Osterman if he anticipates that the proposed ex- panslon of his mini-warehouse development will create any additional traffic; Mr. Osterman responded it will, but not any more than one hour's traffic for Bridger Bowl. Mr. Osterman then stated that he cannot install the road improvements until after the State Highway Department has approved the improvements; and that cannot be done within the timeframe for the Phase I construction. City Manager Wysocki stated that if the State Highway Department does the im- provements, the property owners will not incur any costs under the special improvement district process. He noted, however, that if the City wishes the roadway improved before the State Highway Department plans to do so, the Improvements could be accomplished through City efforts, with a special improvement district bearing a portion of the costs. Mr. Roger Craft, representing the applicant, addressed the Issue of consistency in requiring infrastructure improvements. He cited the recently-approved conditional use permit for the garbage transfer station on L Street, for which paving of L Street was required, and the bus barn which was installed as a permitted use, and for which no street paving was required. He noted the facilities have approximately the same impact on that roadway. Mayor Stiff asked if the applicant agrees with the conditions as recommended. Mr. Craft responded that Mr. Osterman agrees to the conditions as recommended by the Zoning Commission; however he does not agree with Condition Nos. 4 and 6 as recom- mended In the Planning staff report. 04-24-89 1 ~. - 7 - Noone was present to speak in oPPosition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission approve the Conditional Use Permit requested by David A. Osterman to al- low the expansion of an existing mini-warehouse complex on Tract A, May's Tracts, and Tracts 40-A and 41-A, Northeast Annexation, subject to the following conditions: 1. That the final site plan prOVide the information identified in the Staff Report and that it comply with Section 18.52.130 of the Zone Code; . 2. That final site surface drainage and grading plans be reviewed and approved by the City Engineer prio'rto final site plan approval; 3. That the final site plan shall be reviewed and approved by the City Fire Marshal to insure adequate turning radius and fire hydrant lo- cation prior to final site plan approval; 4. That at the time of requesting a building permit for the first Phase structure, the applicant must provide the engineering design and Installation of curb, gutter. sidewalk and one-half local street stan- dard paving with appropriate paved tapers for the project frontage along North Rouse AVenue. This design and construction must be coordinated with the State Department of Highways. Alternatively, the applicant must execute a waiver of right to protest the creation of a special improvement district to accomplish the engineering de- sign and installation of curb, gutter, sidewalk and one-half local street standard paving on North Rouse Avenue, prior to final site plan approval; 5. That the 60'-foot easement to Griffin Drive be paved to a 28-foot wide standard from the project to Griffin Drive during Phase III; 6. That at the time of requesting a building permit for the first Phase III structure, the applicant must provide the engineering design and installation of curb ,gutter, sidewalk and one-half local street stan- dard paving with appropriate paved tapers for the 60-foot project frontage along East Griffin Drive. This design and construction must be coordinated with the County and the State Department of Highways. Alternatively, the applicant must execute a waiver of right to protest the creation of a special improvement district to ac- complish the engineering design and installation of curb, gutter, sidewalk and one-half local street standard paving on Griffin Drive, prior to final site plan approval; 7. That details of the location and construction of the "drainage wells" be submitted to and approved by the Director of Public Service, pri- or to final site plan approval; 8. That the required waterline extension be designed and the con- struction inspected by a professional engineer, and that design plans and specifications be submitted to and approved by the Director of Public Service prior to final site plan approval; 9. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled Improvements and their installation for each phase. 04-24-89 ._.~,._.,- 04-24-89 'il! - 8 - Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 10. That three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Department, one signed copy shall be retained by the Planning Director, and one signed copy shall be retained by the Planning Director , and one signed copy shall be re- , talned by the applicant.; 11. That all on-site improvements (i.e., paving, landscaping etc.) shall be completed within 18 months of City Commission approval of the Conditional Use Permit for Phase I, within 36 months for Phase I I, and within 54 months for Phase III; 12. That the Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for Phase I, for 36 months for Phase II, and 54 months for Phase III. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the per- mit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner GGeh-rurig, :Cemmlssioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. The Commission requested that discussion of a policy applying to all development proposals, as noted In No.8 of the staff's memo, be placed on next week's agenda. Break - 3:05 to 3:10 p.m. Mayor Stiff declared a break from 3:05 p.m. to 3:10 p.m., in accordance with Com- mission pol icy established at their regular meeting of March 14, 1983. Request. for designation of Sister City in Costa Rica - Walter Mayer City Manager Wysocki submitted to the Commission a letter from Mr. Walter Mayer requesting that the Commission consider designation of Turrialba, Costa Rica, as a Sister City, along with a proposed proclamation to do so. Mr. Walter Mayer cited the various features of Costa Rica. He stated that Costa Rica is different from any other nation in Central America, noting they have a 95 percent literacy rate. He noted they are No. 1 in forestry management; one of their two vice presidents is a lady; the crime rate is low in Costa Rica, and that is caused by visitors rather than by residents. Mr. Mayer stated that cleanliness is stressed In the 'country; also, the laws protect women. He stated that the people are well-mannered and not ag- gressive. Mr. Mayer then indicated that the leading agricultural institute in Central America is located in Turrialba; and it services 25 nationalities from throughout the world. I.;.:;....~ ........, "i. " ~ .' - 9 - Mr. Walter Mayer stated that designation of Turrialba, Costa Rica, as a Sister City does not involved any type of finan(:ial commitment, present or future. He further noted that he has discussed this proposal with Ms. Wendy Bay Lewis, Director of the Montana Council fori nternational Visitors;' and she supports it. Commissioner Goehrung, stated that he hosted the gentleman from Turrialba who serves In basically the capacity of Director of the Federal Reserve. He stated the gentle- man was very impressive, noting he has international credentials. He noted that Turrlalba's population Is close to that of Bozeman; and it is In one of the premier agricul- tural centers in the region. The Commissioner then stated he is interested in a Sister City relationship, not only for protocol, but because of the potential for research and con- tact between the universities. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission concur in the Mayor's proclamation designating Turrialba, Costa Rica, as it Sister City. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - Option Nos. 2 and 3 re possible zone code amendments for the M-1 districts City Manager Wysocki reminded the Commission that they had received a memo dated April 6, 1989, from the Planning staff listing three options for possible zone code amend- ments addressing residentiallindustrial conflicts, particularly In the M-l, Commercial--Light Manufacturing, district. He noted that the Commission had discussed these options at their meeting of April 10, directing staff to proceed with a zone code amendment to Include the M-2 performance standards in the supplementary regulations so that they apply to all zoning districts. He then reminded the Commission that Commissioner Vant Hull had re- quested that further discussion of Option Nos. 2 and 3 be placed on this week's agenda. The City Manager then submitted to the Commission a petition containing 23 signa- tures requesting that the Commission proceed with adoption of Option No.2, which would "allow the maintenance, expansion, or reconstruction of residential dwelling units where such units are non-conforming uses, provided that ... does not increase the number of dwelling units on a given lot." Commissioner Vant Hull suggested that the Commission direct the staff to proceed with a zone code amendment to Implement Option No.2. She then stated that she feels that this option should be limited to single-family residential structures only, rather than including multi-family dwellings. Commissioner Martel expressed concern about not including multi-family units in the proposed zone code amendment, noting that could lead to a deteriorated condition in those 04-24-89 'i - 10 - units. Commissioner Vant Hull asked how many multi-family units are located In the M-1 districts. Planning Director Epple indicated he is not prepared to respond at this time. City Manager Wysocki reminded the Commission of the zone code amendment process. He noted that if the Commission directs the staff to proceed in this direction, steps in- clude preparation of a staff report, hearing before the Zoning Commission and hearing be- fore the City Commission prior to any decision making. He noted that after a decision for approval, an ordinance must then be prepared and adopted before the amendment Is In ef- fect. Mayor Stiff indicated he felt at the April 10 meeting that it was the consensus of the Commission not to direct the staff to pursue these two options at this time, partic- ularly since rewriting of the zone code is imminent. The Mayor then expressed concern about allowing the expansion of existing residential units. He stated he has no problem with maintenance or rebuilding of existing residential units after a catastrophic event; but expansion of the building or the number of dwelling units should not be allowed. He not- ed the proposed zone code amendment would legitimize existing residential structures, thus allowing an individual to obtain more conventional financing and allowing for maintenance and reconstruction, which would be desirable. Commissioner Martel noted that these options, particularly Option No.3, are very sweeping. He also noted that the staff is currently working on guidelines for a multiple use district, which should be completed before these options are initiated, if they are de- termined necessary at that time. He reminded the Commission that the Planning staff has been given several tasks recently; and they should not be overloaded with this addition. Commissioner Hawks stated that Option No. 2 does address the Commission's concern about legitimizing existing residential structures, particularly In the M-1 zoning district. He noted that this option does allow for expansion of a structure; however, it does not allow for increasing the number of dwelling units within the zone. In response to a question from Mayor Stiff, Planning Director Epple stated that an Individual may not rebuild if a major portion of the structure is destroyed. He also In- dicated that improvements to the building may not exceed 10 percent of value of the prop- erty in a given year. The Planning Director then indicated that, based on the Commission meeting of April 10, the staff is proceeding with a zone code amendment to Include the M-2 district performance standards in the supplemental regulations, treating it as a house- keeping item; however, they are not taking action on either of the other two proposed zone code amendments. He Indicated that if the Commission instructs the staff to proceed with Option No.2, they wi II include that In the zone code amendment as well. He 04-24-89 t., - 11 - Indicated that amendment is to be presented to the Zoning Commission in May and the City Commission iO June. He noted the ordinance must then be adopted; and the process would probably be completed and in effect by August or September. Commissioner Martel stated that the zone code amendment proposed under Option No. 2 addresses cross protection between residential uses and industrial uses in the M-1 zone; but It does not address cross protection in any other district. He suggested it pos- sibly should be expanded to include the various conflicting uses in different districts, rather than being narrow, as proposed. Planning Director Epple indicated that if the Commission cannot make a decision on this issue at this time, the consultant could possibly be directed to address it. Commissioner Vant Hull noted that when the Commission appointed the housing com- mittee a few years ago, it made a commitment to protect the existing low-income housing stock and pursue increasing that stock. She suggested that this proposed zone code amendment would be one way of continuing that commitment. City Manager Wysocki concurred with Mayor Stiff's concern about allowing expansion of a residential unit In an M-1 zone. He noted there are conflicts between residential and commercial or. industrial uses at the present time; and he does not feel that situation should be aggravated by allowing residential structures to be expanded. He noted that financing or refinancing and reconstruction of existing residential units Is desirable and should be accommodated. Commissioner Goehrung reminded the Commission that even though expansion of a residential unit in a non-residential zone may not be allowed through the zone code, the property owner has the option of applying to the Board of Adjustment for a variance. He noted this would allow each request to be reviewed on a case-by-case basis, which would address the concerns which may arise concerning a specific proposal. Commissioner Martel questioned the urgency of addressing this Issue, especially since the zone code will be significantly revised this fall. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the staff to prepare a zone code amendment to allow for the maintenance or reconstruction of existing non-conforming Single-family residential dwelling units in the M-l, Commercial--Light Manufacturing; M-2, Manufacturing and In- dustrial; B-2) Community Highway Business; and B-3, Central Business, Districts, without increasing the number of dwelling units on any given lot. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. 04-24-89 ;;j (- r'll 't......1. - 12 - City Manager Wysocki stated that Mr. Keith Swenson, Chairman of the Historic Preservation Advisory Commission, has requested permission to address the Commission on various issues. He noted that included In the Commissioners' packets were copies of the application for a CLG grant and a copy of HB68S. (a) Mr. Keith Swenson submItted to the Commission a memo from the Historic Preservation Advisory Commission dated April 24 concerning these agenda items. He then referred to the last two pages of this memo, which provide il compilrison of the proposed budget for Fiscal Year 1989-90 to the budget which was approved for Fiscal Year 1988-89 for the Historic Preservation office. He noted the first page includes all revenues and ex- pendltures, Including in-kind services, while the second page includes cash contributions only and the associated expenditures. Mr. Swenson reminded the Commission that the budget for the current year includes a cash contribution of $2,500, along with an in-kind contribution of $2,500 from the City, and il $2,500 in-kind donation from private professional services. He noted that the bud- get also includes a $7,500 grant from the State. Mr. Swenson stated that the proposed budget for next yeilr includes il $2,500 cash contribution and a $2,500 in-kind contribution from the City. He indicated that they also project $2,712 in in-kind services from the HPAC members as well ilS $3,400 in in-kind professional services. He stated that the State Historic Preservation Office has indicated there is more demand for the Certified Local Government grants this year; therefore, the ceiling has been lowered to $5,750 per grant. Mr. Swenson then addressed the $3,000 which has been listed under "Planning and Zoning". He reminded the Commission that they had budgeted $5,000 in this fiscal year for updating of the zone code. He noted that a consultant is now to be hired to complete the initial work; and he suggested thilt the Commission earmark $3,000 of those monies for review of historic preservation items. He stated that after the City makes such an appro- priation, the HPAC will then submit an application to the State for a matching grant. He indicated they will also submit that same application to the federal government for consid- eration, since the deadline for applications at the state level has just passed. He noted that should improve the City'S possibility of obtaining the matching funding In the upcom- ing fiscal year. He suggested that $4,000 of those monies could then be used to pay a portion of the consultant's fee. Mr. Swenson stated that he feels this proportion would be appropriate, noting there are 750 dwelling units, or 250 acres, of designated historic areas in the community. He also Indicated that this process would allow the City to leverage those monies, thus gaining the most benefit possible. 04-24-89 " '<'~~1'-~' '"j;. :.,~ '1 _ ~ .' - 13 - Mr. Keith Swenson 'stated that revenues have been anticipated from "subscriptions, books and projects". He indicated. the Historic Preservation Office is preparing a newsiet- ter, which is distributed on a subscription basis. He also noted that various activities are planned for "Historic Preservation Week"; and they should also generate some revenues. Mr. Swenson stated that this application for CLG monies contains a substantial amount of in-kind contributions. He noted that a copy of the application has been submit- ted to the Commission for their review. He then requested that the Commission authorize the budgeting of $2,500 in cash contributions and $2,500 in in-kind services for the His- toric Preservation Office for Fiscal Year 1990. He also requested that the Commission au- thorize the Mayor to sign the application , noting the deadline for submittal is May 15. Mr. Swenson then addressed some of the anticipated expenditures for Fiscal Year 1990. He reminded the Commission that the half-time Historic Preservation Officer was hired in September. He stated that the additional monies budgeted for this upcoming fiscal year represent funding for the entire year plus a two percent increase in the salary. He noted that the $4,000 line item entitled "fees for service--planning and zoning" is the funding for the planning and zoning consultant, as noted in the discussion above. He noted the $2,000 difference between anticipated revenues and expenditures could be used to cover some of the shortfall in the Officer's salary, since he will be assisting the consul- tant in research for that portion of the project. City Manager Wysocki asked when the City will know if either the application to the State or the one to the federal government is funded. Mr. Dennis Seibel, Historic Preservation Officer, stated applications for zoning and planning grants may be submitted any time. He noted that the last cycle for the State was in February; therefore, they recommended submittal for federal monies. He stated that the federal level will probably respond to the application almost immediately. He in- dicated that the City may have a response prior to July 1. Mr. Swenson stated that if the City Is not successful in obtaining approval on the grant application to either the State or the federal government, expenditures will need to be decreased because of the revenue shortfall. Planning Director Andy Epple stated support for the proposed budget for historic preservation, as submitted by Mr. Swenson. He indicated that he feels the request to earmark $4,000 of the consultant's fee for addressing historic preservation issues is appro- priate, particularly since that will bean element of the new master plan and zoning docu- ments. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the application for the Certified Lo- cal Government grant for Fiscal Year 1989-90, recognizing the commitment to budget monies 04-24-89 ..' ,. '. - 14 - and In-kind services under the Fiscal Year 1990 budget. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. (b) Mr. Keith Swenson then addressed H B685, which was adopted by the Legis- lature during this past session. He noted that this bill provides for tax abatement, provided the local governing body takes the necessary steps to enact the program. He stated that under this new bill, which becomes effective on July 1, 1989, an owner of property In an historic district or a structure which has been designated historic may seek an abatement of taxes for rehabilitation of that structure. He noted that the abatement may be sought for a one-year construction season as well as for the first five years there- after. The abatement is for 100 percent of the taxes on the increased valuation during that period of time. Immediately upon termination of that tax abatement period, the taxes will be on 100 percent of the taxable value of the structure. Mr. Swenson stated that this abatement is for the property taxes on the structure only, and does not include any per- sonal property taxes. He stated this tax abatement is not available until January 1, 1990. Mr. Swenson stated that to take advantage of this legislation, the local governing body must establish by resolution the process for using the tax abatement provisions of the State Statute. He noted that the local governing body must also establish a local re- view board, with those individuals having specified expertise. He indicated that the His- toric Preservation Advisory Commi.ssion members have the expertise required for the review board, suggesting that the H PAC be appointed as the review board. Mr. Swenson stated another issue to be addressed Is designation of the criteria which are to be used in evaluating applications for tax abatement. He noted the criteria may be based on the Secretary of I nterior's standards for preservation projects or other standards. approved by the State Historic Preservation Office. He then suggested that the Secretary of I nterior's standards be used, since those are nationally accepted. He also noted they are used for tax credits and are acceptable to the Internal Revenue Service. Mr. Keith Swenson then suggested that a fee schedule be established for the review process to cover the costs incurred ,rather than having the taxpayers bear those costs. He noted the fees could possibly be based on the value, suggesting that the City Attorney be involved In the development of such a schedule. Mr. Swenson briefly reviewed some of the limitations on this program. He noted that if someone reverts the process or does something with the property which makes it no longer eligible for historic designation, the property would no longer be allowed to take advantage of this tax abatement program. He noted, further, the property owner may be requi red to pay the taxes, plus penalty and interest, that have been abated. Mr. Swenson stated that the use within the structure may change under the program, so long 04-24-89 r:r ..' ," - 15 - as the structure retains its historic appearance. Mayor Stiff noted that this program would apply only to rehabilitation of the struc- ture, not major maintenance Items such as replacement of the room. Mr. Swenson con- cu rred . Commissioner Vant Hull asked if this program would harm the possibility of imple- menting tax increment financing. The City Manager responded it would not, noting the two programs could work well together. Mayor Stiff asked if the Commission wishes to refer this item to staff for review and preparation of a resolution for Commission consideration. The Commissioners concurred. E>iscussion - staff report re proposed auction sate of Valley Unit lots City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director Miral Gamradt concerning a proposal to conduct a second auction sale of Valley Unit lots. He noted the staff has suggested that the sale be held on Wednesday, June 7, and that the same terms and process be followed. He also stated that staff pro- poses that the same number 'of lots be sold .as last time. Mayor Stiff noted the memo suggests that fair market value be established at ap- proximately the same level as the first auction. He then asked if results of the first auc- tion might suggest that the fair market value be raised. Administrative Services Director Gamradt stated he feels that a number of the peo- ple present at the first auction were attracted by the low minimum bid price. He ex- pressed concern that to raise the minimum bid to $5,000 would eliminate a substantial num- ber of those who were present at the previous sale. He noted that this could jeopardize the success of the sale. City Manager Wysocki reminded the Commission that between the time of the first auction and the second auction, one semi-annual installment will have been assessed. He noted this will Increase the amount of delinquent assessments and decrease the remaining balance. He also noted that one of the primary sellers of lots, Bridger Peaks Estates, has just reduced the cost of their lots to more nearly conform with the prices received at the first auction. Commissioner Martel suggested that the City utilize the appraisal figures from the first auction sale, noting that could save some costs on this sale. The Administrative Services Director responded that the City could use those fig- ures; however, the $750 appraisal fee included appraisals for City auction sales in the en- tire subdivision. He noted that determining the fa-tf market value is generally straight forward for all of the R-2 and R-3 zoned lots; however, appraisal will become important when the other zoning designations are involved. 04-24-89 -.... .. " - 16 - Administrative Services Director Gamradt then stated that he has contacted the GranTree Inn; and the room is not available on June 7. He suggested that the staff may need latitude to move the date of the sale a day one way or the other. The City Manager indicated that staff feels it would be beneficial to conduct this second auction before school is out, noting that many people leave the area as soon as school is out. He, then stated the staff proposes that the same people be involved in this sale as the previous auction. He then recommended that the Commission authorize and di- rect the staff to move forward with the second auction of Valley Unit lots, under the same conditions as the previous sale. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct the staff to proceed with the necessary preparation of the second auction sale of Valley Unit lots, to be held on June 6, 7 or 8, 1989, under the same arrangements as the first auction sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner Martel, Commis- sioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Report from Beautification Committee re proposed projects for Centennial Year City Manager Wysocki requested that this item be deferred until members of the Beautification Committee are present. Authorize City Manager to sign - Lease Agreement between City and Beall Park Arts Cen- ter City Manager Wysocki reminded the Commission that Commissioner Hawks had re- quested this item be removed from the Consent Items. Commissioner Hawks stated this lease agreement refers to providing a 1S-foot by 28-foot warming area If the existing space in the building Is not available. He noted the space is to be deemed acceptable by the City's Zoning Administrator and Park Superinten- dent. He then asked If approval of this lease as written will require the Beall Park Arts Center to construct a building behind the existing building. Commissioner Goehrung stated he has discussed this issue with Mr. Ken Bova, Di- rector of the Beal I Park Arts Center. He noted that a portion of the classroom in the Center must now be blocked off as a warming room for ice skaters during the winter, which decreases the space in that classroom. He stated that they do not anticipate chang- Ing the existing situation Immediately; however, they may wish to before the end of the five-year term of this contract. City Manager Wysocki stated this provision is the same as was In the previous five-year lease agreement. 04-24-89 a.* ,,"; ... .' - 17 - Commissioner Hawks then expressed concern that this Is an historic structure; and he does not want to see it lose that distinction. He also indicated a desire to ensure that a "tarpaper shack" is not constructed immediately behind it on City park property. Commissioner Goehrung stated that covenants on the property require that any new structure be similar to the existing structure, which is rock. The City Manager stated that conversations with Mr. Bova have revealed that this lease agreement is satisfactory to him. He then reviewed the few changes which have been made in the lease. He noted that they simply reflect the manner in which various items are currently being done. Commissioner Martel suggested that under Section 11 g. reference to "heirs" as well as other standard phrases should be deleted, since this lease is between two corporations. City Manager Wysocki concurred . City Attorney Becker suggested that the term "personal representative" be deleted as well; the Commission concurred . It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission authorize the City Manager to sign the lease agreement, as amended, be- tween the City and the Beall Park Arts Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Authorize City Manager to sign - contract documents for excavation of landfill expansion - Pace Construction Co., I nc. City Manager Wysocki reminded the Commission that Commissioner Martel had re- quested this item be removed from the Consent Items. Gommissioner Martel stated he had requested this item be removed from the Consent Items because he does not support signing of the contract documents, noting that is con- sistent with his previous motion on this Item. He reiterated that he does not feel the City should award a contract In an amount larger than the amount budgeted for that Item. The City Manager recommended that the Commission authorize him to sign the con- tract documents. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the City Manager to sign the contract documents with Pace Construction Co., Inc., Bozeman, Montana, in the amount of $110,821.50, for exca- vatlon of the landfill expansion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. 04-24-89 ..:~~~,,". j ~"'" .<I." .. - 18 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Copy of a letter from Edna Berg, Chair of the Library Board of Trustees, to the Gallatin County Commission requesting additional funding for the upcoming fiscal year. (2) Agenda and packet for the Zoning Commission meeting to be held on Tues- day, April 25. (3) Memo from Director of Public Service Phill Forbes concerning the process and timeline for reconstruction of the Bogert bandshell this summer. (4) Reminder of the State of the University address to be given by MSU Presi- dent Tietz on Tuesday, May 2. The City Manager noted that an RSVP is required for this event. (5) Reminder of the Free Dump Day previously established by the Commission on Saturday, April 29. (6) Commissioner Hawks submitted to the Commission copies of a cartoon from the New Yorker magazine, noting it may be applicable to the upcoming budgeting process. (7) Commissioner Hawks noted that an article in the American City and County discussed the idea of sweeping streets on a year-round basis. He suggested that for the City to implement such a policy, sweeping the streets as possible during the winter, could help to eliminate some of the dust problem in the early spring. City Manager Wysocki stated the City did sweep the streets in the downtown area as possible during the winter. He reminded the Commission, however, that the workload temperature and weather dO have an impact on how often such an activity can be accom- plished. (8) Commissioner VantHiJllnoted the Commissioners have received copies of the lito do" lists prepared by Administrative Services Director Gamradt and Director of Public Service Forbes. The City Manager indicated that Is to let the Commissioners know how many projects various staff members are currently working on. (9) Commissioner. Goehrung submitted to the Commission a copy of the confirma- tion letter from Sweet Pea on the $5,500 grant commitment from that entity to the grant writer/project coordinator for the beautification project. He suggested that the selection of someone to fill that position should be undertaken so the project can move forward in a timely manner for this summer. City Manager Wysocki stated the Beautification Committee is in the process of preparing a job description for that position which can be easily integrated Into the City's job classification document. He stated as soon as that has been completed, advertisement 04-24-89 -".- '-~~, - 19 - can be made for the position. Mayor Stiff expressed concern that the City has entered into a joint venture; how- ever, the private monies are being donated with stipulations. He then noted that the let- ter suggests that a new committee be formed to Implement this program. The City Manager noted that the committee would include a member of the Sweet Pea Committee as well as representatives from the City and the Beautification Committee. He suggested that committee be selected from within the Beautification Committee to assist In initial oversight and development of this program. Commissioner Hawks submitted .his proposal that the structure of this program be established so it provides incentive for the people of Bozeman to become Involved on a vol- untary basis, rather than having it directed by the City. He suggested that the City could provide office space and assistance to the half-time coordinator; however, he does not feel that individual should be a City employee. Commissioner Martel stated he has no problem with the coordinator being a City em- ployee, noting all others could be .involved on a volunteer basis. Commissioner Hawks suggested that the coordinator could be paid from private sources in a flow-through process, ona contract basis. He noted this would allow for tracking of the monies; however, it would not require a City position with attendant bene- fit costs. Mayor Stiff expressed concern about the proposed private funding for this project, noting the business community has not yet been contacted, even though $4,500 is projected from that source. The City Manager stated that the Beautification Committee is in the process of dis- tributing letters to the business community, on City letterhead, soliciting donations for this project. He then indic;ated the number of flags needed has been revised downward; therefore, the cost involved has also decreased. He stated, however, that unanticipated costs are being faced; therefore, the total amount needed may be close to the same. Commissioner Hawks stated he feels structuring of this position should reflect the private funding which Is being provided, rather than creating a City position. Mayor Stiff cautioned that contracting for the work could create more problems. He noted that the contractor mU$tber~ponsible to someone within the City government. Commissioner Goehrung concurred with Mayor Stiff's concerns. He reminded the Commission that the City has 'applied for a State grant to help in funding of this project; and strict accounting of expenditures must be made. He noted that the City's accounting system would provide that needed tracking of monies, suggesting that it should be utilized to ensure compliance with the program. Commissioner Hawks requested that he and Commissioner Goehrung be allowed to 04-24-89 ,~:~r;. ....:.- .. - 20 - meet with interested persons on this item prior to any decision-making on the issue. Mayor Stiff thanked City Manager Wysocki for his efforts to keep this project mov- ing forward, noting he has been the one to coordinate and propel all efforts made to this time. (10) Commissioner Goehrung submitted to the Commission a memo concerning rabies vaccinations. He stated that less than one-third of the domestic pets in this area are immunized; and he feels efforts should be made to raise that rate. He then indicated that the Humane Society Is proceeding with plans to offer 200 certificates for $5.00 toward a rabies immunization, hopefully beginning with the week of May 7, which has been des- ignated as "Be Kind to Animals Week". He stated these certificates will be redeemable at participating local veterinary clinics in the area. The Commissioner then suggested that the City and the County may wish to participate in this program, possibly through funding of 50 additional certificates each. He noted certificates would be Issued on a first-come, first-served basis; and the program would hopefully encourage more individuals to have their animals vaccinated while affordIng the veterinarians the opportunity to perform the service in their respective offices. Commissioner Vant Hull Indicated support for the concept; however, she noted the County may not wish to participate since the licensing portion, including attendant fees, has been deleted from the ordinance they are currently considering. She further noted that the anticipated animal inventory this summer should cause an increase In the percent- age of rabies vaccinations, as well as licenses, in the community. Commissioner Goehrung indicated he is interested In the health and safety of resi- dents in the community. He noted that secondarily he is interested in compliance with the City's licensing requirements. He then suggested that the Commission may wish to send a letter to the County Commission seeking their support and participation in this proposed supplementing of certificates. Commissioner Goehrung then requested that this item be placed on next week's agenda for discussion and pOSSible action, since the "Be Kind to Animals Week" begins the following Sunday. (11 ) Commissioner Hawks announced that the ad hoc committee has reviewed the eleven applications which were submitted in response to the "request for qualifications" re- cently published. He stated the short list includes five very competent firms, from New York, Pennsylvania, Colorado and Illinois. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Historic Preservation Week" - May 14-20, 1989 04-24-89 i;e , ~ ~,.( "~.,. '" I,~ . ^.",,;\ "'. - 21 - A It was moved by Commissioner Hawks, Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Break - 5:00 to 5:08 p.m. Milyor Stiff declared a break from 5:00 p.m. to 5:08 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Executive Session re litlgiltion Mayor Stiff stated this was the time set for conducting an executive session regard- ing the action recently filed by Three Rivers Disposal. He then indicated his intent to close the meeting, per Section 2-3-203(4), M.C.A. At 5:08 p.m., Mayor Stiff called the executive session for the purpose of discussing litigation and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker, Administrative Services Director Gamrildt and the Clerk to leave the room. At 5:48 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Adjournment - 5:48 p.m. There being no further business to come before the Commission at this time, It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 04-24-89