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HomeMy WebLinkAbout1989-06-12 T ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA June 12, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 12, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of May 15, 1989 be approved as amended. 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. Mayor Stiff indicated that action on the minutes of the regular meeting of June 5, 1989 will be deferred for the period of one week. Open bids - four vehlcies for various City departments (C I P) This was the time and piace set for the opening of bids for four vehicles for vari- ous City departments. The City Manager reminded the Commission that monies have been budgeted in the Capital Improvement Program for these vehicles. 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. 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 bids were then opened and read aloud: Schedule I Schedule II Schedule III Schedule IV Total Bid Bozeman Ford Bozeman, Montana $18,894.00 No Bid $22,095.00 $11,986.00 (200.00) $11,786.00 $52,775.00 M&WGMC Bozeman, Montana $19,500.00 $34,000.00 $23,200.00 $13,000.00 No Trade $13,000.00 $89,800.00 DeMarois 01ds~GMC Missoula, Montana No Bid $33,901.00 No Bid No Bid $33,901.00 06-12-89 >: -2- 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 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. Discussion - Planning Board goals and objectives City Manager Wysocki stated that the Planning Board has prepared a list of goals and objectives to be included in the updated Master Plan. He then asked Planning Direc- tor Epple to review the list as submitted. Planning Director Andy Epple stated that a couple weeks ago, he distributed copies of the final draft of the City-County Planning Board's updated goals and objectives to the Commission. He noted these goals and objectives will ultimately be included in the updated Master Plan; therefore, they must be approved by both the City Commission and the County Commission. The Planning Director stated that these goals and objectives are the result of twelve months of work by the Planning Board, beginning with a public input meeting in April 1988. He noted that once they have been finalized and approved by the two govern- ing bodies, they will replace the goals and objectives section of the current Master Plan. He stated that the goals and objectives listed in the 1983 Master Plan have been considered by many to be voluminous and redundant; and several of them have been considered vague. The Planning Director noted, however, that those goals and objectives contain good information regarding community values. Pianning Director Epple stated that the format for the goals and objectives has been changed from that in the 1983 Master Plan. He stated the 1983 Plan contains a section listing 24 goals followed by a section listing 49 policies. He indicated that under the new proposed format, a goal will be listed, immediately followed by any objectives pertaining to that item. He noted this should allow for easier review of those items. The Planning Director stated that the goals and objectives will be broken down into a number of categories, including public facilities; transportation; environment, aesthetic and natural resource; commercial, industrial and general economic development; energy and resource conservation; residential; administrative review process; and historic preserva- tion. He then encouraged the Commission to carefully review those goals under adminis- trative review process, since they provide guidelines and implementation strategies to the ad hoc implementation committee, Planning Board, City Commission and members of the public. Planning Director Epple noted that the City-County Planning Board has been con- 06-12-89 .- -3- ducting a special plan update meeting each month in addition to its regular meeting; and they will continue at least through June. The Planning Director stated that copies of the draft goals and objectives have been distributed to the City Commission, County Commission, Zoning Commission, Board of Ad- justment and ad hoc implementation committee for review and comments. He indicated that the final goals and objectives upon which the City Commission and County Commission agree will become the basis for rewriting of the Master Plan. He noted that rewriting of the Plan is to be a part of the consultant's process. Commissioner Goehrung asked if this is the most critical step in the process. Planning Director Epple stated this is a very Important step. He then indicated that the goals and policies for the 1983 Plan took over three years to generate. He noted it is a very time-consuming effort; and It is the basis for the entire plan. He stated that staff has updated the population figures and economic aspects of the community. He in- dicated that some of the basic information in the 1983 Plan does not need any update but is still valid as written. The Planning Director then indicated that the initial summary statement in the document has not yet been rewritten, noting that it sets the tone for, and is based on, the entire document. The Planning Director stated that there are some significant departures from the wording of the goals and objectives, although they are subtle. He cited as an example the "protection of agricultural operations" in this update, while the 1983 Master Plan em- phasized the "need to protect agricultural lands, particularly productive agricultural lands. II He noted that under this subtle change, the Master Plan is protecting from en- croaching subdivisions and encouraging agribusiness, which is an important part of our economic and environmental condition ,rather than agriculturally designated lands. Planning Director Epple stated that the objectives listed below each goal provide a detailed work program, not just for the Planning office, but for others in the City as well. Commissioner Goehrung asked if the comments received at the public meeting in April 1988 are included in these goals and objectives. The Planning Directorst8ted that every comment received during the public meeting has been carefully reviewed and evaluated by the Planning Board. He noted that some of the comments were determined inappropriate in the Master Plan document, some were iden- tified as being already covered in the existing plan, and some were incorporated into the draft goals and objectives. Commissioner Vant Hull expressed concern that the County Commission has been represented at a majority of the meetings held on the Master Plan update for the past year, while the City Commission has not; and the draft goals and objectives may reflect the County's concerns more than the City's. She then stated that she feels this process 06-12-89 , .. -4- is being rushed and that the City Commission is not being given adequate time to submit its input. Commissioner Hawks suggested that the Commissioners submit their concerns to the Clerk of the Commission by Friday, so they can be included in the packets for Commis- sioner consideration prior to next Monday's meeting. He noted the Commission could then discuss these goals and objectives at next week's meeting, and still meet the deadline for submitting revisions to the Planning Board. Mayor Stiff noted that a letter from the County Commission has suggested a possible staff reduction in the Planning Department. He noted that to eliminate one planner posi- tion could dramatically affect the amount of work which could be accomplished on the goals listed. Planning Director Epple stated the County Commission has suggested a personnel reduction in an effort to balance the Planning Board's budget. He noted this is only in the formative stages; and no decisions have been made to date. Following discussion, a majority of the Commission concurred that they would prefer to have an additional week for review prior to discussion of the goals and objectives. The Mayor requested that this discussion be placed on next week's agenda during the afternoon session, with the Commission concurring that the discussion be completed following the public hearings if necessary. Commissioner Vant Hull enumerated for the Commission some background information to consider while reviewing the draft goals and objectives, including (1) an article in the April 12, 1988 Issue of the Bozeman Daily Chronicle concerning the public input meeting held the night before; (2) a letter from Malinda and Yvon Chouinard, dated September 1988; (3) a memo to the Planning Board from the staff dated April 22, 1988, listing all of the public comments received during the input session; and (4) the attendance sheet for the April 11, 1988 public input session. She indicated that copies of these documents will be available in the Commissioners' mailboxes later this week. The Commissioner then noted that she had distributed copies of Commission Resolution No. 2357, stating the City's policy on economic development, as well as Commission Resolution No. 2542, which estab- lishes the guidelines for issuance of Industrial Development Revenue Bonds. She noted both of these resolutions contain statements regarding promotion of clean industry. Recommendation from City-County Planning Board re funding for consultant City Manager Wysocki submitted to the Commission a memo from Planning Director Epple concerning selection of a consulting firm as well as authorization for use of funds to cover those costs. The City Manager indicated that the ad hoc Implementation committee has recommended contracting with BRW, in conjunction with Hamer Siler George Associates, 06-12-89 , -5- In response to a question from Commissioner Goehrung, the City Manager reminded the Commission that $5,000 was budgeted in this year's appropriations for a zone code re- write; and that amount will be transferred to the City-County Planning Fund prior to the end of the fiscal year. He noted a like transfer will be necessary during next fiscal year to cover the City's portion of the expenditures. He then indicated the County will follow 06-12-89 -6- a similar process. Commissioner Vant Hull noted it is extremely important that the City and County agree on the various aspects of the consultants' work before they begin the updating pro- cess; the City Manager concurred. Mayor Stiff asked if the agreement will be signed immediately after the funding is approved. City Attorney Becker stated he had reviewed the contract; and there are portions of it which he wishes to negotiate prior to signing, noting he is not sure how long that will take. He then suggested that County Attorney Salvagni shouid also review the docu- ment if he has not yet done so. Mr. Keith Swenson, ad hoc Implementation committee, stated the B RW peopie have indicated a willingness to negotiate the contract. He stated the copy submitted to the City was their standard boilerplate agreement; and they are usually willing to negotiate to pro- vide for local input and concerns to be included. He indicated that a short conversation with representatives of BRW should provide the changes which will address the City Attor- ney's concerns. Mr. Swenson stated that B RW and Hamer Siler George Associates are prepared to spend a substantial portion of the summer working on updating the City's planning and zoning documents. He noted that failure to get the contract signed will delay the process, and could create scheduling conflicts for those firms. He then encouraged the Commission to allow the consulting firm to begin work, noting that the Commission could let them know that the goals and objectives have not yet been completed. Commissioner Hawks stated he does not feel that the draft goals and objectives have deviated substantially from those contained in the 1983 Master Plan. He also indicated that he feels the City Commission and County Commission can agree on the goals and objectives with little problem. He then expressed concern about delaying the signing of the agree- ment with the consultant, noting that to do so could result in the firm not signing the contract due to prior work commitments. The Commissioner then stated that this process is totally separate from review of the goals and objectives for the Master Plan. Commissioner Martel noted the consultant has allowed 60 days for update of the Master Plan. He stated this will allow adequate time for the City Commission and County Commission to approve the goals and objectives without causing problems for the consuitant and his work schedule. Mr. Roger Craft, ad hoc implementation committee, affirmed that the County Com- mission is not tying the funding of this study to their recommendation that one pianning position be eliminated. He then indicated that following receipt of that recommendation, the Planning Board requested that Planning Director Epple provide information on how the 06-12-89 -7- .. .. ., current employees are being utUized. He stated that the County has indicated that $5,000 of their portion of the monies Is budgeted in this current fiscal year. Mayor Stiff indicated he was impressed with the way one of the unsuccessful firms had presented the manner in which they planned to obtain community input. He expressed concern that this firm did not appear to budget much time in Bozeman during this study. Mr. Roger Craft stated they proposed two workshops in Bozeman. He noted that to decrease the amount of travel expense allows for more study time and effort. Mr. Swenson noted that when the firm is in Bozeman, they propose several work- shops which will include various facets of the community as well as the general public. He stated these workshops will be held after the consulting firm has had an opportunity to conduct the initial review of documents at their office. Mayor Stiff expressed concern that a high tech, refined and smooth presentation and operation during the public input meetings could discourage public input. it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission (1) authorize the expenditure of up to $50,000 from City-County Planni ng Fund monies, comprised of $30,000 Planning Fund reserves, $10,000 from the City and $10,000 from the County; (2) authorize the staff to negotiate the contract with BRW on be- half of the City-County Planning Board prior to signing of the contract; and (3) direct staff to let B RW know that the City Commission anticipates additional discussion on the draft goals and objectives, as developed by the City-County Pianning Board, prior to fi- nalization. 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. Break - 3:30 to 3:36 p.m. Mayor Stiff declare~ a break from 3:30 p.m. to 3:36 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2752- changing the names of streets in Annie Subdivision City Manager Wysocki presented Commission Resolution No. 2752, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2752 ~ RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA, CHANGING THE NAME OF STREETS IN ANNIE SUBDIVISION. The City Manager, reminded tbe Commission that a portion of Phase I of Annie Sub- division has been sold; and the developer has renamed the development. He indicated that Mr. Dennis Foreman, engineer representing the developer, submitted a request for change 06-12-89 ~ ". -8- of several of the street names in that development. He then recommended that the Com- mission adopt this resolution to change those street names as requested. Commissioner Vant Hull noted that the proposed street names include Maplewood Street and Mountain Ash Avenue. She stated there are already a Maple Street and an Ash Street in the Hyalite Subdivision and asked if this might cause confusion. Mr. Dennis Foreman stated that he checked the names of both city and county roads, as well as checking with staff from both entities; and he does not feel this will cre- ate a probiem. it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2752, changing the names of streets in Annie Subdivision. 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. COS No. 406-D, located in the NWi of east of Westrld e Subdivision, south City Manager Wysocki presented Commission Resolution No. 2750, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2750 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDiNG THE BOUNDARIES OF SAID CiTY OF BOZEMAN SO AS TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND RE- FERRED TO AS THE WEAVER ANNEXATION, HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. The City Manager stated this is the final step in the annexation process. He re- minded the Commission that this annexation was requested by Mr. Donald Weaver. He in- dlcated the subject property is located just south of Westridge Meadows PUD; and the ap- plicant proposes to extend that development onto this property. He then recommended that the Commission adopt this resoiution. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2750, annexing Tract 3-A of Certificate of Survey No. 406-D. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Commission Resolution No. 2751 - certlf In t e ounty City Manager Wysocki presented Commission Resolution No. 2751, as approved by as of Ma 31, 1989 to the City Attorney, entitled: 06-12-89 " ", -9- COMMISSION RESOLUTION NO. 2751 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALL- MENTS DUE AND PAYABLE MAY 31, 1989, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSVANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PRovlDED'BY CHAPTERS 2.32 and 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. The City Manager reminded the Commission that delinquent special assessments are certified to the County Treasurer for collection. He then recommended that the Commis- sion adopt this resolution. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2751, certifying semi-annual special as- sessment installments unpaid as of May 31, 1989 to the County Treasurer as delinquent. 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. Revised rules of procedure City Manager Wysocki submitted to the Commission the latest draft of the rules of procedure. City Attorney Becker reviewed the changes made in the document, per the Com- mission's discussion held at last week's meeting. Commissioner Martel suggested that an effective date should be Included within the final document. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the revised rules of procedure, with the inclusion of an effective date. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) A summary of the Valley Unit lot sales. The City Manager noted that ten of the tweive lots were sold at the auctipn held on Thursday, June 8. He noted that the lots sold for slightly higher than the fair market value established by the Commission, although substantially lower than at the previous !Sale. The City Manager then stated he is satisfied with the way the sale went, noting it 06-12-89 .' ;. -10- probably brought more realistic prices than the first sale. He noted the important part is that the lots are now in private ownership; and future assessments are more likely to be paid. City Manager Wysocki stated that the staff will meet with those professionals in- volved within the next few weeks to discuss this sale as well as strategy for future sales. He indicated there will not be any more sales this year, but staff will prepare for another saie In the spring. In response to a question from Commissioner Hawks, the City Manager indicated that there was some positive response from developers about the three adjacent lots. He stated they were bid as one or three; and the highest bidder chose the middle lot. He noted that split the lots, rather than allowing them to be purchased by one indlviduai this time. He suggested that approach might be used in future saies. (2) Copy of a letter from the Chamber of Commerce transmitting $528.04 for beaut- ification efforts, as collected from recycling during the clean-up campaign. The City Man- ager noted this amount is lower than anticipated. (3) Copy of the minutes from the Performing Arts Steering Committee meeting held on May 25, 1989. Mayor Stiff noted that the Committee has offers of a site from three different en- tities, with one entity proposing three possibilities. (4) Copy of a letter from the State Historic Preservation Office announcing that the City's application for a $5,750 grant has been approved. (5) City Attorney Becker announced that procedural arguments in the Three Rivers case will be heid In Judge Gary's courtroom at 10:00 a.m. on Tuesday. (6) City Manager Wysocki indicated that the Interagency Breakfast will not be heid this month due to the week's activities. (7) City Manager Wysocki reminded the Commission of the various events being held in conjunction with the CNFR, including the social hour at 5:30 p.m. on Wednesday and the parade at 2: 00 p. m. on Thursday. (8) The City Manager briefly highlighted various activities taking place in the community last week and this week, including college graduation, a six-state regional SCS meeting, the rodeo, and the beginning of Wally Byam people filtering into town for their rally later this month. (9) Commissioner Vant Hull announced that she will be in Helena on Thursday for a Board of Directors meeting for the League. She encouraged Commissioners to submit any ideas to her prior to that meeting. (10) The City Manager distributed to the Commission copies of a letter from Sweet Pea concerning their project in the park. He indicated they plan to pave the parking area 06-12-89 .. r '" -11- by the pavilion; however, they lack $600 for compietlng the project. He then indicated that he will check on the costs of paving the turn-around at the same time. (11) The City Manager indicated it appears that Griffin Drive will be overlayed from North 7th Avenue to North Rouse Avenue in the near future. He stated the City's portion will probably be $15,000 to $20,000; and those monies must be appropriated. (12) The City Manager noted another road project to be completed as soon as possible is chip and seal of Durston Road from North 19th Avenue east to North 7th Ave- nue. Consent I terns City Manager Wysocki presented to the Commission the following Consent Items. 5, for May 1989 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Executive Session re personnel Mayor Stiff stated this is the time set for evaluation of the City Manager and the Clerk of the Commission. He then stated that pursuant to Section 2-3-203 (3), Montana Code Annotated, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of disclosure. He further noted that neither Individual has waived the right to privacy. Mr. Bill Brock, reporter for the Bozeman Dally Chronicle, protested closure of the meeting, stating the newspaper feels that evaluation of a public employee, paid with public monies to perform public duties, should be open to the public. At 3:55 p.m., it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission call an executive session for the purpose of evaluating the City Manager and the Clerk of the Commission and requested that all persons except the Commissioners, City Manager Wysocki and the Clerk leave the room. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those vot- ing No, none. 06-12-89 --, . -12- At 5:45 p.m., It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the executive session be closed and that the open meeting be reconvened. 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. Adjournment - 5:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. 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. 06-12-89