Loading...
HomeMy WebLinkAbout1989-08-21 i. ... i l ; , ., . MINUTES OF THE MEETI NG OF THE CITY COMMISSION BOZEMAN, MONTANA August 21, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 21,1989, at 2:00 p.m. Present were Mayor Stiff, Com- missioner Martel, Commissioner Goehrung, Commissioner Vant Hull, Commissioner Hawks, 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 the Commissioners wished any of the Consent Items be removed for discussion. The City Manager requested that the Notice and Order to Show Cause for the Conditional Use Permit issued to Michael Houlton be removed for discussion. Minutes It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of August 14, 1989 be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. Request for permission to address Commission - Rich Morse, Bozeman Viewshed Council City Manager Wysocki stated that Mr. Morse has requested permission to address the Commission at this time. Mr. Rich Morse stated that he is addressing the Commission as a board member of the Bozeman Viewshed Council and as General Manager of Eagle Rock Reserve. He indicated that the Bozeman Viewshed Council has been making efforts to preserve the existing scenic views surrounding Bozeman. He noted the viewshed is generally defined as the mountain landscape that surrounds the city, starting at Flathead Pass, in the north end of the Bridgers, through Bear Canyon and to the mouth of the Gallatin Canyon. He noted this area is important for its scenic value, wildlife and recreational opportunities. Mr. Morse then showed the Commission pictures of the viewshed taken last winter, noting that it is not the same as It was fifteen to twenty years ago. He then encouraged the Commission to take action to ensure that it does not change over the next fifteen to twenty years. Mr. Morse suggested that management of the viewshed should be undertaken quick- Iy, noting there are a number of issues pending which could change the viewshed. He noted those include proposed logging in the Cottonwood Canyon area, the Little Bear 08-21-89 "-- ., i Y i j I . -2- Creek drainage, and on Mount Ellis. He noted decisions on these three areas could be made within the next thirty days; and he feels that logging in all three of these areas would have a detrimental effect on the viewshed. He suggested that input from the City as well as the County could help to protect the viewshed and prohibit the private logging ventures. He indicated that on September 18, the Governor and the Land Board will make a decision on the Mount Ellis proposal, after a visit to the site. Mr. Morse stated that Eagle Rock Reserve is located on 800 acres at the base of Mount Ellis. He noted that 15 percent of the property is to be developed in clustered res- idential development; and the remaining 85 percent is to be retained for agriculture and a reserve for wildlife. He indicated that the State has the option of approving the sale of timber on 100 acres on the face of Mount Ellis or accepting a proposal from Eagle Rock Re- serve to establish a permanent conservation easement of 3,000 acres on the face of the mountain, thus preserving its scenic attributes. He indicated that for the State to accept the second alternative, it must receive monies equal to the revenues which would have been realized from the timber sale. He stated that In this instance, that would be $60,000. Mr. Morse further noted that Eagle Rock Reserve will generate $5 to $6 million for the Bozeman economy in construction costs alone; however, the timber sales would create no revenues for the local economy. He indicated that this decision is important, since it wi II be Governor Stephens' first such decision. He noted it could also be the first step in creating greenbelts around tourist corridors in the State; and it could be a lever to per- suade the Federal government to take simi lar action. Mr. Rich Morse asked that the City endorse the concept of viewshed management and viewshed protection. He noted this can be done through support for permanent con- servation easements as well as through limitations on the amount of development allowed in the foothills around the community. Mr. Morse stated that the Bozeman Viewshed Council is willing to serve as a forum for citizens to air their concerns about the viewshed. He noted there will be substantial pressure on the viewshed over the next five years; and steps must be taken to address those when they arise. Mr. Morse then stated that in Missoula, the City purchased development rights on two mountains which were important to their viewshed. In Ravalli County, the Commission requested that the Forest Service not allow clear cuts within tourist corridors. And in Jackson Hole, Wyoming, the City, County and Chamber have become actively involved in forest planning and have purchased development rights, which have been put into conser- vation easements. 08-21-89 ~. ., f 1 f i . . -3- In response to a question from Commissioner Martel, Mr. Morse indicated the Bozeman Viewshed Council has been incorporated under the State; and they have recently appl ied for non-profit status. I n response to another question from Commissioner Martel, Mr. Morse stated that the Eagle Rock Reserve is owned by a limited partnership; and he is working as the gen- eral manager. Commissioner Martel noted that the pictures circulated were taken from elevated vantage points. He noted that the view from Main Street is much different, since the view is relative to one's location. Mr. Morse concurred, noting that the view from U.S. Highway 191 is much different from in town; and he feels that is one which needs to be protected. He noted that tour- ists who visit the area leave dollars behind; and it is important to maintain that part of the economy. I n response to a question from Commissioner Martel, Mr. Morse indicated he has been unable to locate pictures of the viewshed which were taken twenty to thirty years ago. He stated that he feels pictures taken even ten years ago would be different from those which he showed the Commission. Commissioner Goehrung asked if the Council's concerns are in the area of harvest- ing timber rather than development. Mr. Morse responded that development impacts will be a factor in the future, with timber management being of primary concern at this time. I n response to a question from Commissioner Goehrung, Mr. Morse indicated that the visit made by the Governor and Land Board will be done quietly, with no public input being received at that time. He suggested it would be best to write a letter to the Board prior to its September 18 meeting. He indicated the Council is requesting an endorsement which indicates the City is interested in the concept of viewshed protection and feels that a permanent conservation easement on the slopes of Mount Ellis would be beneficial to the community. He noted similar action could be taken for the Cottonwood Canyon area. Mayor Stiff asked Mr. Morse if he could document the details of this proposal so the Commission can give the issue further consideration. He asked that the information in- clude the total constitution of the Land Board and a summation of the Council's perspec- tive. Commissioner Martel asked that copies of the charter or application for incorpo- ration, along with a listing of the purpose and objectives of the Council, be included in the packet of Information. The Commission thanked Mr. Morse for his presentation. 08-21-89 ,. ". ; 1: i j i i -4- Authorize Mayor to sign - Notice and Order to Show Cause - Conditional Use Permit - Michael Houlton City Manager Wysocki reminded the Commission he had requested this item be removed from the Consent Items. He then submitted to the Commission a letter from Cindy Owings, Qwner of Cindy Owings Designs, dated August 21, 1989, indicating that her part- ~f4. nership;n Michael Houlton is currently being dissolved. He noted that Ms. Owings has requested that active enforcement of the conditions for the Conditional Use Permit at 615 East Mendenhall Street be tabled for a period of thirty days to allow her an opportunity to address the issue as well as her business matters. The City Manager reminded the Commission that under this Conditional Use Permit, the improvements were to have been installed if July 15; however, the letter indicates the work was not completed due to internal problems. He stated that Ms. Owings seems to be willing to correct the problem; and he recommended that the Commission allow her forty- five days to complete the work. Commissioner Martel expressed concern that to approve this request could establish an undesirable precedent. The City Manager responded that he feels the internal business problems create ex- tenuating circumstances which should be considered in this instance. He also indicated that, because of the situation, he does not feel this would create an undesirable prece- dent. It was moved by Commissioner Vant Hull, seconded by Commissioner Hawks, that the Commission acknowledge receipt of Ms. Owings' letter and table action on this item for a period of forty-five days to al low Ms. Owings an opportunity to address the conditions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Hawks, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Continued discussion - method of assessment for street maintenance districts City Manager Wysocki reminded the Commission that they had requested this item be placed on the agenda for further discussion. He noted that at last week's meeting, vari- ous assessment alternatives were discussed; and staff is prepared to respond to questions. He reminded the Commission that to establish the assessment method at this time will limit choices for the assessment method for future maintenance districts. Commissioner Martel stated he feels a basic assessment method with various adjust- ing factors will be required to establish a reasonably equitable assessment, given the vari- ety of sizes and shapes of lots in the community. Commissioner Goehrung asked if areas such as Fairway Drive and Spring Meadows 08-21-89 ,. .. i 1"./ , . -5- Drive, which are private streets, and the family housing on the University campus would be included in the maintenance district. City Manager Wysocki indicated that those properties fronting on private streets will be assessed, since those individuals have access to, use and impact the City's roadway system, not just their private streets. He then stated that Director of Public Service Forbes has suggested that the MSU property be assessed at a depth of 150 feet from the public streets. Commissioner Vant Hull noted that the University, as well as other government lands, will incur assessments under a maintenance district. She reminded the Commission that no property taxes are assessed against these properties; therefore, the base for these assessments will be larger than the tax base. She then requested more information about the assessments which will be incurred for the University campus, including the amount for the 150-foot depth as proposed by the Director of Public Service as well as the amount if the entire square footage of the campus were included. She also asked what proportion of the entire revenues these figures would represent. Director of Public Service Forbes reminded the Commission that no assessment rate has been established to this point. He noted that he could develop figures based on Helena's assessment rate of .5 cents per square foot for residential property, which would provide a guideline for Commission consideration. He then estimated that the MSU assess- ment would be $16,000 to $17,000 per year, noting that he will prepare more accurate fig- ures for presentation to the Commission. Commissioner Vant Hull noted there are some single-family houses in town which are located on large lots, such as the former Senator Durston home located on the north side of Durston Road. She suggested that a cap on the assessment for anyone residential lot with a single-family home would be appropriate. Director of Public Service Forbes cautioned the Commission that the assessment pro- cess wi II become less effective as more complications are added to the assessment formula. He noted that if one zoning designation is adjusted to address specific issues, then other zoning designations must be considered in the same light as well. He indicated that to ...L- make the system work equitably, it must be as simpli5flc as possible. Commissioner Vant Hull reminded the Commission that single-family residences do not provide as much revenue as apartment units and businesses do. The Director of Public Service noted that if the rate of .5 cents per square foot for residential properties is used, a difference of 3,000 to 4,000 square feet per lot will result in a difference of $15 to $20 per year in assessments for street maintenance. He indicated that he can incorporate a cap into the formula; however, he needs direction from the Commission. He reminded the Commission that to implement a cap will result in an in- 08-21-89 - ---- - ----- ---- ---- . ' .- j ,./ i . -6- creased per-square-foot cost. Commissioner Hawks noted that larger homes with higher values are often located on the larger lots. He then questioned the fairness of assessing maintenance districts on a square footage basis, which would cause those individuals to pay a higher amount for maintenance districts as well as for property taxes. He suggested an option wou Id be to calculate the average residential lot size, then implement a cap equal to 150 percent of that figure. Commissioner Hawks then asked for the rationale behind the proposal to establish a 150-foot depth for PLI lands and parks. He noted that Administrative Services Director Gamradt was to prepare some figures on assessments under the proposed method as well as the square-footage basis for City-owned properties which would be covered by the General Fund; however, the Commission has not yet received that information. Director of Public Service Forbes indicated that he feels the proposed establishment of a 150-foot depth for PLI lands and parks would provide a more equitable assessment than a square footage assessment, since those properties usually include substantial amounts of land. Mayor Stiff neted if the Commission proposes to implement a cap on assessments for larger parcels, it shou.ld consider a f1o.or on the other end as well. He further noted that concentrated living units ona~ parc~1 will generate more cars than a single-family unit; however, the per-square-foot assessment would be the same. The Mayor then noted that there are statutory limitations on how the monies from a street maintenance district are used; and those include maintenance items for streets only, not construction of new streets. He then asked what percentage of the MSU campus would be included in the proposed 150-foot depth. Director of Public Service Forbes indicated he must calculate that figure. He then stated that he had not considered the campus housing in his proposed calculations; and will address that issue as well. Mayor Stiff stated that, given the constraints on use of the monies generated through a street maintenance district, and after consideration of the other issues raised, he does not feel the Commission could develop a better assessment method than the one recommended by staff. Commissioner Vant Hull stated she feels it is important to establish a cap for as- sessments for single-family residences. Commissioner Goehrung expressed concern that implementation of a cap on residen- tial properties will result in a need to establish a cap on commercial properties as well. Commissioner Martel stated that whatever assessment method is established must be defensible. 08-21-89 -~ .' .' " "t ~i' 1 '" -7- Commissioner Vant Hull requested that Director of Public Service Forbes develop an example, using eight to ten parcels, showing how a cap might affect the assessments on those properties. Commissioner Hawks noted that, based on Helena's assessments, the assessments in Bozeman would probably range from $35 to $140 per year for residential properties if the straight square footage assessment is followed. Mayor Stiff noted there is a consensus that additional information needed includes a possible cap and floor for single-family residential properties as well as information about the percentage of the MSU campus which would be covered by a 150-foot depth as well as a comparison of those assessments versus a straight square footage assessment. Director of Public Service Forbes requested two weeks to prepare the requested in- formation. The Commissioner concurred; and Mayor Stiff requested this item be placed on the September 5 agenda for further consideration. B rea k - 3: 1 0 to 3: 1 8 p. m . Mayor Stiff declared a break from 3:10 p.m. to 3:18 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. economic (1) Mayor Stiff asked that Commissioner Hawks and County Commissioner Pruitt briefly highlight the ad hoc implementation committee's recommendation concerning member- ship on the combined City-County Planning Board/Zoning Commission. County Commissioner Dave Pruitt stated that the last recommendation from the ad hoc implementation committee is for a ten-member board, with five appointed by the City, four by the County and one Soi I Conservation District representative. All members would vote on all planning and zoning issues. Commissioner Hawks noted that under this recommendation, the City would appoint one member from the jurisdictional area; and the County would appoint one member from the city. County Commissioner Pruitt noted the recommendation before that was for an eleven- member board, with six appointed by the City, four by the County and one Soil Conser- vation District member. He noted that two of the City representatives were to vote on zoning issues only, although they could participate in discussion of planning issues. He noted this would have provided a balanced board to consider planning issues, while pro- viding the City with strong representation when considering zoning issues, since the vast majority of those occur within city limits. 08-21-89 .. .. .. , ' l ~ . -8- Commissioner Vant Hull distributed copies of minutes from various meetings to the City and County Commissioners. She noted that the original ad hoc committee recommenda- tion was for an eleven-member board; and she feels that should be retained. Commissioner Hawks stated that he had felt an eleven-member board would provide a good representation for the City; and a thirteen-member board would provide even bet- ter representation, although it may be difficult to work with. He then indicated that dur- ing discussions on the ad hoc implementation committee, he felt it appropriate to compro- mise on a ten-member board with all members voting on all issues, rather than the eleven- member board with two City representatives voting only on zoning issues. The Commis- sioner noted that a smaller board may be more efficient; however, he feels a balanced rep- resentation is necessary. County Commissioner Dave Pruitt noted that the State statute requires at least nine members on the City-County Planning Board. He stated the two Commissions must find a compromise, acceptable to both, somewhere between nine and thirteen members. County Commissioner Jelinski stated the County Commission has not yet taken a formal stand on how many members should be on the City-County Planning Board. She then stated that when people serve on a joint board, they do not necessari Iy represent the City or the County, but rather their interests and objectives lie in good integrated plan- ning. Commissioner Vant Hull noted that zoning issues will be an important part of the new Board's activities. County Commissioner Jelinski responded that zoning issues should be addressed in the same manner as the planning issues, since the same objectives are involved. County Commissioner Ray White stated that he supports the statutory provisions for , the Board membership. He noted it provides for a nine-member board and the composition of that board. He stated that, although the statutes do allow for increasing the number of members, he is not aware of any planning board in the State which is larger than nine members. The Commissioner then stated he does support the City exercising its statutory authority to designate the City-County Planning Board to act as its Zoning Commission. County Commissioner White noted that the Soli Conservation District representative was implemented through a legislative change four years ago. He stated before that, the ninth member was selected by the other eight members, and confirmed by both governing bodies; and that format is still followed if the Soil Conservation District representative does not serve. County Commissioner Pruitt stated he feels a nine-member board could work; how- ever, if the City wishes more members, he has no objection to an eleven-member board with two City members voting only on zoning issues. 08-21-89 .. ., r , ' , . . -9- Commissioner Martel noted that the last recommendation from the ad hoc implementa- tion committee was for each governing body to appoint a cross-over member. He indicated he does not support that recommendation, since it causes those bodies to cross jurisdic- tional and geographic boundaries, and cause the appearance of, or promote, distrust where it does not exist. He indicated he could agree to a nine, ten or eleven-member board, noting all members must have a common interest in planning and zoning. Commissioner Goehrung stated that, since the City has been more active and in- volved in planning and zoning issues, he needs assurance from the County that they plan to take an equally active role before he can support a ten-member board rather than an eleven-member board. He indicated that if zoning is not to become an important issue in the County, it may be appropriate to Increase the City's voice on zoning issues through an eleven-member board. Commissioner Vant Hull noted that attendance at City-County Planning Board meet- ings has been a problem, briefly highlighting attendance records for board members during the past year. She stated that representation is extremely important; and she feels that the more members on the board, the better the representation of different facets of the community. She then indicated she feels it Is essential to have an eleven-member board, with six being City appointees. She suggested that the by-laws could be written so that one of the City representatives does not vote on budget items. She noted this would pro- vide even representation when voting on budget items, since the Soil Conservation District representative lives outside the city limits. The Commissioner suggested another alterna- tive would be to have nine members appointed per the Statute, with the tenth and eleventh members being appointed by those nine and confirmed by the governing bodies. She noted that the board size must be large to be democratic, even though it might be less efficient. Commissioner Hawks expressed concern about having two members of an eleven- member board voting on zoning items only and being excluded from planning decisions. The Commissioner noted there is a four-to-one ratio of city residents versus county resi- dents within the jurisdictional area. He further noted this results in population interests versus land interests; and some sort of compromise must be reached for representation of those interests. Commissioner Hawks then noted that attendance at these meetings is sometimes a problem. He suggested that, rather than having a majority of the board constitute a quo- rum, the Commissions may wish to revise the by-laws so that a specific number of City and County appointees are required to constitute a quorum. He suggested this may be- come more important if the governing bodies decide to relinquish their decision-making au- thority to the City-County Planning Board, serving only as an appeal board if an applicant does not like the Board's decision. 08-21-89 . ' .. " , ' .- . -10- ~ Mayor Stiff stated he could support the proposal for an eleven-member board, pos- sibly with two voting on zoning issues only. He did express concern about attendance at the meetings. He further noted that the Board is advisory; however, the Commissioners think long and hard before voting counter to their recommendations. He indicated that the proposed change in composition of the Board Is ~r~son he has asked that the ad hoc Implementation committee r'{.est from the consultants a summary ~cha~ the zonlnlj ~ U ~ J G-- c-~ -' /' )<-/v-- code and the master plan. he Mayor n suggested that to have two m mbers voting on only ZO~g item1;~d cause disenchantment, resulting in a decrease in their attendance at meetings. He further suggested that eleven may not be the magic number of members. Commissioner Vant Hull noted that budget is basic to policy. She further reminded those in attendance that the City contributes approximately $120,000 while the County con- tributes $8,000 for planning activities. She indicated that because of this differential in funding, as well as population considerations, she feels the City should have stronger rep- resentation on the Board. County Commissioner White noted that in the past, the Planning Board has had re- sponsibility over expenditure of the monies appropriated by the two governing bodies, not- ing those monies are generated through a separate mill levy. He noted that the City ap- propriates monies for zoning activities through its all-purpose mi II levy; and any zoning activity performed by the planning staff is done for the City. He further indicated a two-mill levy for planning generates approximately $50,000 in the city, while it generates $15,000 in the county. County Commissioner Pruitt noted that if there is not an element of cooperation be- tween the governing bodies, no matter how the board is composed, it will not work. How- ever, if the governing bodies do cooperate, the board will work, no matter how it is composed. Commissioner Martel questioned what procedure the board might follow to appoint additional members. City Manager Wysocki indicated Issues like that would be addressed through an In- terlocal Agreement. Mr. Gary Higgins, Deputy County Attorney, indicated that once the County Com- mission and City Commission reach a consensus, he and the City Attorney will prepare an I nterlocal Agreement, ensuring its compliance with State statute, for review by the gov- erning bodies. He then questioned the Commissions' authority to delegate the decision- making responsibility to the City-County Planning Board; City Attorney Becker concurred. Commissioner Hawks noted that designating the decision-making authority to the City-County Planning Board was a suggestion from the consultant. He noted the Com- missions do have the authority to appoint a Hearings Officer. 08-21-89 ." .' f _ r ; -11- County Commissioner Pruitt asked the two attorneys if a nine members could be ap- pointed per statutory requirements, with those members appointing two additional members who are then confirmed by both governing bodies. Both attorneys concurred that should be no problem. Commissioner Hawks stated that if the governing bodies do appoint the Board as Hearings Officer, with right of appeal to the governing bodies, he does not feel it is fair to the citizens of Bozeman to have those decisions made by a board comprised of five mem- bers from outside the city and four from inside the city. He noted that even with in- creased membership, that ratio would remain basically the same; and he does not feel that is appropriate when considering items within the city limits. County Commissioner Jelinski stated she does not believe there is legal authority for the Commissions to relinquish their decision-making authority to the Board. She further indicated that she is not inclined to do so In any instance; therefore, she is viewing it as an advisory board only. County Commissioner White noted that the County Commission proposed an eleven- member board with two City representatives voting on zoning issues only to provide a weighted board in favor of the City on those Items. He stated, however, that he feels it is essential to maintain a balanced board when considering planning issues. He noted that the statutory composition for the Board provides for that balance. He then indicated that the County Commission could appoint a city resident to the Board; however, he questioned whether the City could appoint a county resident under State statute. Commissioner Vant Hull reminded the County Commissioners that they were elected by city residents as well as county residents; and a majority of their constituents reside in the city. City Attorney Becker cautioned the Commissions that they are attempting to merge zoning and planning into one board by agreeing on the number of members on that board. He reminded them that the Statute states that the City may designate the City-County Planning Board to serve as the Zoning Commission as well. He then indicated that some of the issues which have been discussed must be addressed through the Interlocal Agree- ment after the number of members has been agreed upon. He noted that statutory pro- visions are specific on composition of the City-County Planning Board; and he has no problem with adding two members who vote on zoning issues only. I n response to a question from Commissioner Vant Hull, County Commissioner White stated he has no problem with an eleven-member board with all of the members being city residents; however, he noted it is important that the County Commission appoint one-half of those members. Mayor Stiff asked how many members and what composition would be acceptable to 08-21-89 ... .. ~ , f . . -12- the County Commissioners and City Commissioners. After each Commissioner had listed his or her view, a consensus surfaced for a ten-member board with five appointed by the City, four appointed by the County, and one Soil Conservation District representative or, in the absence of such an appointment, a tenth member selected by the other nine and confirmed by both governing bodies, per statutory provisions. City Manager Wysocki suggested that the Interlocal Agreement could include a pro- vision that the Board be reviewed after a period of one year. He further noted that the Interlocal Agreement could Include a provision that the Chairman can vote, if the Com- missions so decide. County Commissioner White stated his opposition to allowing the Chairman to vote. Commissioner Hawks asked if the Commissions wish to have an ex officio member on the Board. It was the consensus of both the City Commission and the County Commission that no ex officio members should be included. County Commissioner Ray White stated the County Commission will consider the membership and composition of the City-County Planning Board within the next week, sub- mitting a letter stating its action to the City Commission prior to next Monday's meeting. Mr. Roger Craft expressed concern about the timing of the revised board, noting the desire is to have this process completed before the hearings on the master plan. He then asked if it would be possible to prepare the Interlocal Agreement for consideration by both Commissions at their meetings to be held next week. City Attorney Becker indicated that after he and Deputy County Attorney Higgins have prepared the agreement, it must be submitted to the Attorney General's office for re- view and approval. Deputy County Attorney Higgins noted that the Attorney General's office has thirty days in which to respond to the document. He stated that if no action is taken within that time, it is automatically approved. (2) City Manager Wysocki introduced the second topic of this discussion, which is possible placement of an economic development mill levy on the ballot. He stated that the important issue at this time is to determine whether the ballot issue is to be done on a city-wide or county-wide basis. He reminded the Commissions that HB23, adopted during the recent special legislative session, allows a local government to levy one mill for eco- nomic development for a period of five years, subject to voter approval, outside the con- straints of 1-105, if the levy is approved prior to December 31, 1990. The City Manager noted that the City's general election will be held in November /7 ,- 1988; and the County's primary election will be in June 1989, with the general to be held in November 1989. He stated that with this difference in timeframes, the city-wide versus county-wide decision must be made at this time. He indicated if the County Commission 08-21-89 .- ~. r " .. , ~ . " -13- determines it does not wish to place an economic development mill levy on the ballot, the City Commission must decide if it wishes to place such an issue on this November's ballot, to take advantage of the provisions of HB23. He reminded the City Commission that to do so would require adoption of a resolution by September 18. The City Manager then reviewed the statutory provisions for use of the funds, not- ing they ".. .may be used for purchasing land for industrial parks, constructing buildings to house manufacturing and processing operations, conducting preliminary feasibility studies, promoting economic development opportunities in a particular area, or other activ- ities generally associated with economic development. II He noted the funds "... may not be used to directly assist an industry's operations by loan or grant or to pay the salary or salary supplements of government employees." City Manager Wysocki noted that a one-mill economic development levy has been ap- proved in Three Forks. He stated that approval of a county-wide mill levy would probably eliminate that levy. He noted that if the county-wide mill levy is pursued, the cities and towns within the County may petition the County for monies for a specific purpose; or the County may decide to distribute monies as determined appropriate. In response to a question from County Commissioner Jelinski, the City Manager In- dicated that the governing body which places the issue on the ballot could administer the funds; or that body may wish to delegate such responsibility to existing economic develop- ment groups, such as the Gallatin Development Corporation, Belgrade Development Corpo- ration or the Three Forks Development Corporation. County Commissioner Jelinski asked if problems could be encountered if two commu- nities compete for the same industry. The City Manager stated such competition has not occurred to date, noting it is the philosophy of the City of Bozeman and the Gallatin Development Corporation that to attract an industry to the valley will benefit everyone on the area. County Commissioner Pruitt noted that if a county-wide levy is pursued, West Yel- lowstone must be included. He stated that, due to its geographic location, residents of that community feel the County Commission does not remember them. He also hated that its geographic location is not conducive to economic development. County Commissioner White indicated he would need additional information on the economic development mill levy before making a decision on whether to pursue such an is- sue on a county-wide level. Mr. Scott Heck, member of the Board of Directors for the Gallatin Development Cor- poration, provided a thumbnail sketch of the GDC's history. He noted the Corporation has been in existence since 1983, operating strictly on private donations. He stated they were involved in attracting and/or assisting in the expansion of Schnee's Boot Works, Patagonia, 08-21-89 . ., .. ... .. ~ , -14- Life Li nk, I LX Lightwave and Butler Creek. He noted that in 1983, Schnee's was the only one of those companies operating locally; and it had five employees. He estimated that those businesses currently employ 350 to 400 persons. Mr. Heck stated that the GDC personnel answer in excess of 300 inquiries each year, dealing with many on an on-going basis if they are interested in locating in the Gallatin Valley. He noted it usually takes eighteen months to three years from the time of initial contact until a business relocates and opens its doors. He noted they have devel- oped a recruitment video, which is currently being updated. Also, the GDC has pursued obtaining a Certified Cities status for Bozeman and is currently pursuing recertification under that program, which is sponsored through the State of Montana Department of Com- merce. He stated that the GDC staff is also developing a marketing plan. In response to a question from Mayor Stiff, Mr. Heck indicated a county-wide mill levy would generate approximately $65,000 per year. He noted that the County could dis- tribute a portion of those monies to each of the incorporated communities; and the rest could be placed in an umbrella account which could then be distributed by application. He stated it could be beneficial to use a portion of the monies to develop a brochure which would promote the entire county, rather than each community separately. Mr. Heck stated that the Gallatin Development Corporation is beginning to face problems in obtaining adequate funding to maintain their operation. He suggested that a voted mill levy could alleviate many of those problems and ensure a steady source of reve- nue for the next five years, if the governing body so chooses. City Manager Wysocki indicated that if the County decides to pursue an economic development mill levy in June 1990 but is unsuccessful, the City would have adequate time to place a similar issue on the November 1990 ballot. He then noted that the Gallatin De- velopment Corporation is willing to solicit support of the mill levy, whether it is sponsored by the City or the County. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted that the Yellowstone Country monies, which are derived from the bed taxes in a five-county area, are placed in a pool, with various entities applying for monies for spe- cific projects as needed. She stated this program has been successful, providing a larger pool than could be created individually. She suggested a similar approach could be suc- cessful if a county-wide tax were pursued. The County Commissioners indicated they need additional Information prior to mak- ing a decision on this issue. ,They further indicated this item will be placed on their Sep- tember 5 agenda for action. (3) Due to the late hour, the joint presentation from Commissioner Goehrung and County Commissioner Jelinski on their recent attendance at the Center for the Improvement 08-21-89 ,?{:i..,'. " r ." ~ -oil. ~ : -15- of Public Management was eliminated. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the City-County Planning Board be revised, as follows: that it be comprised of ten members, with five to be appointed by the City; four to be appointed by the County; and one to be a representative of the Soil Conservation DIstrict, unless unwilling to serve, then that person will be appointed by the other nine members of the Board and confirmed by both the County Commission and the City Commission, per State statute, with the revised Board to be reviewed after one year by both governing bodies. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the City appoint the newly revised City-County Planning Board to function as the Zoning Commission on behalf of the City, per State statute, after the Board has been successfully appointed and activated, subject to review one year after formation of the Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No be- ing Commissioner Vant Hull. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Yeur Informa- tion" items. (1) A listing of the motel reservations for the League Convention to be held at the Colonial I nn in Helena on September 13-15, 1989. (2 ) A letter of resignation from the City-County Planning Board and the Zoning Commission, effective August 23, as submitted by Jim Banks; and a letter of resignation from the City-County Planning Board, effective the date before the public meeting to dis- cuss the Master Plan submitted by B RW in early September, as submitted by Stephan G. Custer. The City Manager expressed concern that these two resignations will create va- cancies on the City-County Planning Board, which could cause problems in obtaining a quorum for meetings, as well as reducing City representation on the Board. He then sug- gested that Mr. Banks and Mr. Custer be asked to continue serving until the newly recon- stituted Board has been established, recognizing their desire to not serve on that Board. The Commission concurred. (3) A letter of thanks from Daniel W. Bartlett, DC to Light, for the Com- mission's recent favorable action on his request. 08-21-89 .. ,,"~>':' ... r <o.t.~. -16- (4) A letter from the Government Finance Officers Association indicating that the City has been awarded the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended June 30, 1988. The City Manager reminded the Commission that this award has been received for five consecutive years and suggested that they recognize Administrative Services Director Gamradt and his staff for their work, which has made this possible. (5) A copy of the Call for Bids for remodeling of the Bogert Park Bandshel'. (6) A copy of the notice of vacancies on certain committees. (7) Agenda and packet for the Zoning Commission meeting to be held on Tues- day, August 22. (8) A letter from the Gallatin Development Corporation indicating that documenta- tion has been submitted to the State of Montana Department of Commerce for recertification as a certified community. (9) The City Manager's report, as follows. (1) He met with representatives from MSU about the possibility of constructing a curb and gutter along the south side of West College Street between South 11th Avenue and South 12th Avenue; and the City'S engi- neering staff is currently reviewing the proposal. He noted that potential expansion of West College Street and the turning radius onto South 11th Avenue must be considered in determining where the curb and gutter should be located. (2) He submitted to the Com- mission a copy of a letter which he has prepared to distribute to those entities which are using the public right-of-way without receiving the appropriate permits. (3) He indicated that he discussed the possibility of an economic development mill levy with the GDC Board on Wednesday. He noted that GDC has indicated a willingness to actively pursue voter approval of such a ballot issue, whether it be City or County sponsored. (4) The staff is gathering information to develop a proposal to present to the Convention Committee at the League Conference. He noted that it appears Bozeman will be hosting the Convention in 1990; however, the City is required to submit a presentation at the 1989 Convention to in- dicate what plans are being made and to ensure that the facilities will be available. (5) The Lyman Creek project is nearing completion, with damaged pieces being replaced. He noted the project should be completed by the end of the month, which will allow the seams to set before the cold weather arrives. (6) Water usage for the past week was lower, with one day running near 7 million gallons. (7) Improvements at the intersection of North 7th Avenue and Durston Road are progressing slowly, with the concrete currently in the cur- ing process. The improvements will not be completed by the time school starts; however, they should be done shortly thereafter. (8) The Finance Department staff is preparing for the auditors. He noted that the special improvement districts, as well as the bonds and coupons, are now ready for auditor review. (9) The chip and seal projects were 08-21-89 .'.f,::,>\ -. :.',~~''':.. .'.,."":.'.-- .. ,. r ...'.... 4" ~ . - . :0 -17- started on Friday; and should now be complete. (10) Painting of crosswalks at the schools has been completed, as well as crosswalks for the linear park crossings and at South 7th Avenue and Kagy Boulevard. (11) He indicated that he wrote a letter to the Montana League of Cities and Towns asking that Mayor Stiff be considered for possibly serving on the Board as an officer. Commissioner Vant Hull asked if action should be delayed until after the election; and he noted that the League Convention occurs before the election. (10) City Attorney Becker indicated the City has been served with a lawsuit for false arrest, stemming from an incident which occurred earlier this year at JB's involving some MSU students and two graduate assistant coaches. He briefly highlighted the case, noting that MMIA will represent the City in this case. ( 11) Commissioner Goehrung asked about the invitation which the School Board submitted to the Commissioners. The City Manager indicated that each year the Commissioners are invited to an as- sembly at the start of school, noting this one is set for 8: 00 a. m. on Monday, August 28. (12 ) Commissioner Hawks announced that he will leave the Commission meeting on August 28 at 4:00 p.m., noting he will miss the evening session. (13 ) Commissioner Vant Hull noted the traffic has been backed up at the corner of South Rouse Avenue and East Babcock Street, even in the middle of the day. She then suggested that the City encourage the installation of a stop light at the corner of East Main Street and Church Street in an attempt to alleviate some of the traffic congestion. The City Manager reminded the Commission that this type of request must be sub- mitted to the State of Montana Department of Highways, since a state highway is involved. Commissioner Vant Hull requested this item be placed on the agenda for further discussion. (14 ) Commissioner Martel noted he had difficulty in getting to City Hall this af- ternoon due to the street repairs being done on East Babcock Street. (15 ) Commissioner Hawks asked about establishing a mechanism and a timeline for appointing members to the newly reconstituted City-County Planning Board. Commissioner Goehrung suggested that this item be addressed at next week's Com- mission meeting, when the County's action on reconstitution of the Board is considered. The Commission concurred. (16 ) Commissioner Goehrung requested that his report on attendance at the Cen- ter for the Improvement of Public Management be placed on next week's agenda. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 08-21-89 .. :, .,,1"'" .. " .. ...~~"1i1;~"f; .. -18- 30 Claims It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Com- missioner Hawks, Commissionel""Mahel.,and Mayor Stiff; those voting No, none. Adjou rnment - 5: 38 p.m. :f "". There being no further business to come before the Commission at this time, it was moved by Commissioner. Vant Hull, seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. 08-21-89