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HomeMy WebLinkAbout1989-10-02 .. .4 . oJ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 2, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 2, 1989, at 2:00 p.m. Present were Mayor Stiff, Com- missioner 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 - September 5 and September 25 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meetings of September 5 and September 25, 1989 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1283 - extending the hours of play for live card games authorized by the State of Montana from 2:00 a.m. to 8:00 a.m. as authorized by Section 23-5-307, MCA City Manager Wysocki presented Ordinance No. 1283, as prepared by the City At- torney, entitled: ORDINANCE NO. 1283 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE HOURS OF PLAY IN THE CITY OF BOZEMAN FOR LIVE CARD GAMES AUTHORIZED BY THE STATE OF MONTANA FROM 2:00 O'CLOCK A.M. TO 8:00 O'CLOCK A.M. AS AUTHORIZED BY SECTION 23-5-307, MONT ANA CODE AN NOT A TED, AND REPEALI NG SECTION 13 OF ORDINANCE NO. 1117, SECTION 2 OF ORDINANCE NO. 1159, SECTIONS 3, 4, 5 AND 6 OF ORDINANCE NO. 1181, AND ORDINANCE NOS. 1112, 1132, 1186, 1207, 1236 AND 1257. The City Manager reminded the Commission that discussion on this item was held at last week's meeting; and the Commission directed the staff to prepare this ordinance, which will allow live card games to continue operating between the hours of 2:00 a.m. and 8:00 a.m., as they have for the past fifteen years. He stated that conversation with employees . of the Gambling Control Division of the Department of Justice revealed that unless the Com- mission takes action to specifically grant temporary approval for the live card games to operate until the ordinance becomes effective, those card games will be unable to operate between the hours of 2:00 a.m. and 8:00 a.m. He then suggested that the Commission provisionally adopt the ordinance, followed by action to grant temporary authority to op- 10-02-89 - ~ ~ j ; 1 .j - 2 - erate the games if the Commissioners so desire. Commissioner Vant Hull noted that at last week's meeting, this issue was approved on a 3 to 2 vote. She suggested one of the Commissioners may wish to change his vote, thus defeating the ordinance before them at this time. The Commissioner noted that fol- lowing last week's meeting, someone stated to her that one cannot legislate moral ity. She noted that, while that is true, one can legislate opportunity, removing or decreasing as many of those bad opportunities as possible. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1283, extending the hours of play for live card games within the city limits, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commis- sioner Goehrung and Commissioner Vant Hull. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission grant temporary authority for live card games authorized by State law to oper- ate between the hours of 2:00 a.m. and 8:00 a.m. until November 16, 1989, which will be the effective date of Ordinance No. 1283. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Goehrung. Ordinance NO. 1284 - adopting by reference the 1988 Edition of the Uni form Code for the Abatement of Dangerous Buildings City Manager Wysocki presented Ordinance No. 1284, as prepared by the City At- torney, entitled: ORDINANCE NO. 1284 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 1988 EDITION OF THE UNI- FORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS PROVIDING FOR THE PROPER LEGAL STEPS IN ABATING DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY, OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS; AND AMENDING CHAPTER 15.24 OF THE BOZEMAN MUNICIPAL CODE AND REPEALING ORDINANCE NO. 1205, AND PROVIDING A PENALTY FOR VIO- LATION THEREOF. The City Manager stated this, as well as the following six agenda items, can be covered under one basic explanation. He stated that these codes are updated every three years by a national organization. Subsequently, the State of Montana adopts these updated codes, often with revisions; and local governments are then required to adopt the updated codes with the revisions adopted by the State. The City Manager then stated that adoption of these codes is required by State statutes, noting that older versions of all but one of these codes has been adopted by the City in the past. He then recommended that 10-02-89 ., ' - ) r . I' - 3 - the Commission adopt these codes so the City's Building Inspection Division can remain ac- tive in its enforcement, noting that if the Commission does not adopt these codes, the State will assume the role. Commissioner Hawks noted he had concerns about adoption of some of these codes; however, he suggested it appears the City is required to adopt them. He expressed con- cern about how some of these codes may impact the efforts in historic preservation and pos- sibly low-income housing. He then noted an interest in having the Historic Preservation Advisory Commission review these codes to determine how they would be impacted. City Manager Wysocki suggested the Commission could provisionally adopt the ordi- nances at this time and seek input from the Historic Preservation Advisory Commission prior to final adoption in two weeks. He further noted that during that period of time, the City Attorney could contact the State to determine whether the City could make exceptions to portions of the codes. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1284, adopting by reference the 1988 edition of the Uniform Code for the Abatement of Dangerous Buildings, and that it be brought back in two weeks for final adoption. 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. reference the 1988 Edition of the Uniform Buildin Code with 23, 32, 49, 53 and 55 City Manager Wysocki presented Ordinance No. 1285, as prepared by the City At- torney, entitled: ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 1988 EDITION OF THE UNIFORM BUILDING CODE WITH APPENDIXES CHAPTERS 7, 12, 23, 32, 49, 53 AND 55, AND THE 1988 EDITION OF THE UNIFORM BUILDING CODE STANDARDS REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERA- TION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCU- PANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE JURISDICTION OF THE CITY OF BOZEMAN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENAL TIES FOR VIOLATIONS THEREOF, REPEALING ORDINANCE NO. 1202 OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCE IN CON- FLICT THEREWITH. The City Manager recommended that the Commission provisionally adopt this ordi- nance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1285, adopting by reference the 1988 edition of the Uniform Building Code with Appendixes Chapters 7, 12, 23, 32, 49, 53 and 10-02-89 " i I . - 4 - 55, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Ordinance No. 1286 - amending Section 1 B of Ordinance No. 1259 by repealing Montana amendments to the 1987 National Electrical Code as set forth in Section 8.70.402(3) and (7) of the Administrative Rules of Montana City Manager Wysocki presented Ordinance No. 1286, as prepared by the City At- torney, entitled: ORDINANCE NO. 1286 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 1B OF ORDINANCE NO. 1259 BY REPEAL- ING MONTANA AMENDMENTS TO THE 1987 NATIONAL ELECTRICAL CODE AS SET FORTH IN SECTION 8.70.402(3) AND (7) OF THE ADMINISTRATIVE RULES OF MONTANA. The City Manager recommended that the Commission provisionally adopt the ordi- nance at this time and that it be brought back in two weeks for final adoption. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1286, adopting by reference the 1987 Na- tional Electrical Code and repealing Montana amendments as set forth in Section 8.70.402(3) and (7) of the Administrative Rules of Montana, and that it be brought back in two weeks for final adoption. 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. Ordinance No. 1287 - adopting by reference the 1988 Edition of the Uniform Housing Code City Manager Wysocki presented Ordinance No. 1287, as prepared by the City At- torney, entitled: ORDINANCE NO. 1287 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 1988 EDITION OF THE UNIFORM HOUSING CODE AND PROVIDING FOR VIOLATIONS THEREOF. The City Manager stated the City has not yet adopted this code. City Attorney Becker stated the letter he received from the State of Montana De- partment of Commerce, Building Codes Bureau, listed the codes which the City is to adopt; and this is one of those listed. The City Manager then recommended that the ordinance be provisionally adopted at this time. It was moved by Commissioner Vant Hull. seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1287, adopting by reference the 1988 10-02-89 "' -. .' i I - 5 - edition of the Uniform Housing Code, and that it be brought back in two weeks for final adoption. 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. Ordinance No. 1288 - adopting by reference the 1988 Edition of the Uniform Mechanical Code City Manager Wysocki presented Ordinance No. 1288, as prepared by the City At- torney, entitled: ORDINANCE NO. 1288 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, RE- PAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS, OR THEIR MISCELLANEOUS HEAT-PRODUCING APPLIANCES IN THE JURISDICTIONAL LIMITS OF THE CITY OF BOZEMAN, MONTANA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENAL TIeS FOR THE VIOLATION THEREOF; AND AMENDING ORDINANCE NO. 1204 OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT THEREWITH. The City Manager recommended that the ordinance be provisionally adopted at this time. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1288, adopting by reference the 1988 edition of the Uniform Mechanical Code, and that it be brought back in two weeks for final adoption. 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. Ordinance No. 1289 - adopting by reference the 1988 Edition of the Uniform Plumbing Code City Manager Wysocki presented Ordinance No. 1289, as prepared by the City At- torney, entitled: ORDINANCE 1289 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.16 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY BY REGULATING THE ERECTION, INSTALLATION, ALTERATION, ADDI- TION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM IN THE CITY OF BOZEMAN, MONTANA; ADOPTING BY REFERENCE THE 1988 UNIFORM PLUMBING CODE; AMENDING SECTION 2 OF ORDINANCE NO. 1203; REPEALING SECTION 1 of ORDINANCE NO. 1203; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The City Manager recommended that the Commission provisionally adopt this ordi- nance at this time. 10-02-89 ,. . . . - 6 - Commissioner Martel noted the table of fees contained in this ordinance is different from that contained in the Uniform Plumbing Code, indicating there are fewer categories contained in the ordinance. The City Manager indicated he will research the matter to determine why the differ- ence in the fee structures prior to final adoption of this ordinance. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1289, adopting by reference the 1988 edition of the Uniform Plumbing Code, and that it be brought back in two weeks for final adoption. 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. Ordinance No. 1290 reference the 1986 CABO One and Two Famil ode, together wit Amendments City Manager Wysocki presented Ordinance No. 1290, as prepared by the City At- torney, entitled: ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 1986 CABO ONE AND TWO FAM- ILY DWELLING CODE, TOGETHER WITH ITS 1987-1988 AMENDMENTS; AND REPEALING ORDINANCE NO. 1245, AND PROVIDING A PENALTY FOR VIO- LATION THEREOF. The City Manager recommended that the Commission provisionally adopt this ordi- nance and that it be brought back in two weeks for final adoption. Commissioner Hawks stated it is his understanding that occasionally this national code conflicts with the Uniform Building Code, asking how those conflicts are resolved. Commissioner Vant Hull suggested possibly the Board of Appeals could address this type of issue. The City Attorney reminded the Commission that the State statutes require that these codes be adopted by reference. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1290, adopting by reference the 1986 CABO One and Two Family Dwelling Code together with its 1987-1988 amendments, and that it be brought back in two weeks for final adoption. 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. Continued discussion - method of assessment for street maintenance districts City Manager Wysocki presented to the Commission a memo from Director of Public 10-02-89 .'t' , . . - 7 - Service Forbes concerning this item. Director of Public Service Phill Forbes stated he prepared the information in outline form for Commission consideration. He noted that a copy of the information previously submitted by the City of Helena, including their philosophy statement, has been included in this compi lation of information. He suggested the first step in this process is for the Commission to agree with thiS statement as presented or make the necessary changes so it can agree on a philosophy statement of its own. The Director noted it is important that the Commission take this step as soon as possible so he has a basis from which to work. He then read the statement, as follows: "Properties within the street maintenance district are assessed for the maintenance of the entire street network within the boundaries of that district. Therefore, properties not actually bordering on city streets are still assessed for street maintenance, because they have access to the street network as a whole. II The Director of Public Service stated that if the Commission adopts a philosophy statement which is different from the above statement, it will affect how parcels along pri- vate streets, such as those found in Spring Meadows Subdivision and Westfield Subdivi- sion, as well as those located along state routes, are treated. Director of Public Service Forbes stated that the tables attached have been pre- pared using Helena's assessment rates for Fiscal Year 1989. He further stated that a cap on the amount of the assessment has been used at the rate of 1 i times the minimum lot size in the R-l example, and 11- times the average lot size in the R-2 and R-3 examples. He indicated that he made this determination after review of the wide range of lot sizes found on the R-l zone. The Director reminded the Commission that the possibility of establish- ing a floor was also discussed during a previous meeting. He noted that review of the State statute reveals that the amount assessed may not be equal to more than the assess- ment based on the actual area of the parcel; therefore, he has dismissed that idea. The Director then stated one issue which may cause a complication in developing a cap for properties in the R-3 zone is that there are multi-family as well as single-family structures within that zone. He suggested that is one area which the Commission should address, providing guidance to staff. Commissioner Martel noted that in computing the assessment cost per square foot between the R-l and R-2 examples reveals that the per-square-foot assessment is 20 per- cent higher in the R-2 than in the R-1 district, suggesting that differential in assessment may be difficult to justify. Director of Public Service Forbes stated that the difference is caused by the cap, which results in adjusting the assessment rate for all of the parcels. He stated that to establish the assessment rate, it is necessary to determine the total dollar amount to be generated, then work backward, taking into consideration items such as the cap which af- 10-02-89 . . . ". - 8 - feet the revenues. He then reminded the Commission that these are examples of three small areas in the community, to give them an idea of how the proposed rate structure would work. The Director stated that after working through the process, developing the exam- ples which have been attached, he is comfortable with the proposed assessment method. He indicated that utilization of the cap will raise the per-square-foot assessment rate; how- ever, he feels it develops as equitable an assessment structure as possible. Director of Public Service Forbes then covered problems which could occur with this proposed method of assessment. He noted that the Bridger View Mobile Home Court, which has a square footage of 782,000 square feet, contains 92 mobile home lots. He noted that under the cap for one parcel, the square footage assessed would be 65,340; however, when the total square footage is divided by the number of residential units, it is 8,500 square feet per unit. He suggested that in this instance, the entire parcel should be as- sessed. Commissioner Hawks asked if that same philosophy would hold for a planned unit development in an RS-l zone. The Director stated that judgment calls cannot be avoided in this process; and this is an example of those which must be made. He noted the Hugh Reid property, which is located in an RS-l zOne, is another possible exception to the process. Commissioner Martel noted that no commercially zoned areas or public buildings have been included in the examples submitted. The Director stated the staff has addressed the residential zones initially. He in- dicated the next step will be to develop examples for the commercial areas, noting that in- formation will be submitted to the Commission within the next two weeks. Commissioner Martel stated it is important that both residential and commercial areas pay their proportionate shares. He noted that having one pay a disproportionate share must be avoided since that would create an unnecessary burden on one of those groups. City Manager Wysocki stated that the assessment rate will be tied to the service provided. He reminded the Commission that the City currently sweeps the streets in the downtown area more often than it does in the residential areas; and that must be taken into consideration when developing the rate structure. He further noted that some of those areas are currently within designated street sprinkling districts. Commissioner Hawks noted one of the sheets contained in this packet lists the mini- mum lot sizes of the various residential zones and the proposed cap to be imposed. He then asked where the 5, OOO-square-foot minimum for R-3, R-4 and R-5 zones originates. Director of Public Service stated he took the language from the zone code, noting that the lengthy descriptions under the R-3, R-4 and R-5 zones are taken almost verbatim 10-02-89 , ., . - 9 - from that document. Commissioner Hawks asked how multiple-family dwellings within these zones will be treated and how those will affect the cap. The Director of Public Service stated that 5,000 square feet is the minimum lot size for a single-family residence in those zones. He -noted that in the R-3 zone, developments such as Cedar Winds and Aspen Grove create complications. He stated that Cedar Winds is located on a 221,000-square-foot parcel. There are 68 units in that development, which means there are 3,260 square feet per unit. He noted the minimum square-footage for condominiums is 2,100 square feet; therefore, the ceiling would be 110 square feet less than the square footage per unit. The Director of Public Service suggested that, as a general rule, multi-family dwellings should be considered differently from single-family dwellings, since they will cre- ate more impact on the street network. He noted that in the R-3, R-4 and R-5 zones, he would propose a 7, 500-square-foot cap for single-fami Iy residential development; however, he feels a per-unit square-footage assessment would create a more equitable situation where mUlti-family developments are located. Mayor Stiff suggested it may be difficult to establish whether older properties may have an apartment or two in them. He noted that could require a land use inventory; and that does not appear feasible. Director of Public Service Forbes suggested that duplexes to four-plexes should not be capped, but should be assessed based on the total square footage of the parcel. He reminded the Commission that the assessment must be based on one common denominator, which can be defended; and he feels the proposal as submitted will work in most in- stances. The Director then cited Greek Way as an R-2 area which creates an exception. He noted that the lots are large, with some of them being four times the proposed cap in size. He also noted the SAE house is on a parcel ten times the cap for that zone. He then not- ed that the Gallatin County Rest Home is located on a large lot in the R-3 zone; and the cap appears to work in that situation due to the type of individuals located there. He stated the R-4 zone contains the Greentree Apartments. He stated that when determined on a per-unit basis, the square footage is 30 square feet below the proposed cap; there- fore, the entire parcel could be assessed. Director of Public Service PhiH Forbes showed the Commission a map of the Montana State University main campus, highlighting a strip 150 feet deep from all public streets. He stated the highlighted area represents 21 percent of the total campus, noting he feels that is a fair basis upon which to assess that entity. He indicated that, based on the highlighted area and Helena's assessment rate for Fiscal Year 1989, the assessment would 10-02-89 , . . - 10 - ~ be approximately $17,000. Commissioner Vant Hull asked how many students live on campus and how many of them have cars. The Director stated he did not ask those questions. He noted, however, that when he attended college, his car was parked while he was in school, moving only when he went home. He suggested that many of the cars on campus could be in simi lar situations. Mayor Stiff suggested that, using the philosophy for State-owned streets, possibly those streets which have been dedicated to the University should be included also. The Director of Public Service indicated he could. He noted, however, that many of the streets in the college campus have been vacated by the City. He also stated that the University maintains those streets. Commissioner Goehrung asked how public lands and PLI zoned land will be treated, especially if the new zone code does not contain a zoning designation for publ ic lands. The Di rector stated he has not yet addressed that issue. C ---- Commissioner Hawks asked how this proposed method of assessment IN'Ould apply to tree maintenance districts. The Director responded that the same type of assessment method could be used for that type of district also, suggesting it is the next best alternative to the front footage option. He stated that the staff has tried to develop a data base which can be used for whatever method of assessment the Commission chooses. In response to a question from Mayor Stiff, the Director stated the street mainte- nance district will cover from curb to curb only; and trees would be covered through a separate district. He then suggested that creation of a street maintenance district could free up enough General Fund monies that tree maintenance could then be covered. Mayor Stiff asked for Commission concurrence on the various issues raised, includ- ing the philosophy statement, the percentage of Montana State University property to be assessed and the proposed cap. City Manager Wysocki stated if the Commission is generally comfortable with the concept presented for residential areas, the staff will bring back a proposal, based on the same assessment method, for commercial properties. He suggested the Commission should be prepared to take action on this item by April so the staff can do the necessary work to begin assessments for the street maintenance district next year. Commissioner Hawks noted the graph on street mileage shows a decrease in street miles for 1987 and 1988, asking how that happened. Director of Public Service Forbes responded that the roads in Story Hills were deleted from the City's inventory of streets. He then addressed the next graph, which shows the amounts expended for wages and operations. He noted those figures fluctuate, 10-02-89 ~ .. , - 11 - depending on the weather. He stated the general trend is to spend more money in mainte- nance due to the older streets and bigger roadway system. The Commissioners, in turn, responded to the three issues raised by Mayor Stiff, generally concurring with the information as submitted by the Director. In response to questions from Commissioner Goehrung, the Director of Public Ser- vice stated that the monies generated by the assessments will be utilized to maintain the streets on a prioritized basis. He noted that a homeowner may not see repairs in front of his home for several years, particularly if that street has been recently improved; howev- er, he will see an upgrading of those streets which are more in need of repair. He then suggested that under this program, he would hope to offer more services, such as a pos- sible increase in the number of times the residential streets are swept in the summer and plowed in the winter. He then stated he hopes to include alley maintenance in the street maintenance district; however, he reminded the Commission that not all areas of the com- munity have alleys. Commissioner Martel noted that in Helena's philosophy statement, it indicates not less than 75 percent of the costs will be assessed against the district, questioning why it does not refer to 100 percent. The Director stated that is basically a verbatim quote from the State statutes. Following the discussion, Mayor Stiff noted there is a unanimous consensus of the Commission with the information as submitted by Director of Public Service Forbes. In response to a question from Commissioner Hawks, the Director stated that the statute provides that 25 percent of the monies for street maintenance may be drawn from other funding sources, such as Gas Tax or General Fund contributions. He then suggested that the street maintenance district assessments be set to generate approximately 85 per- cent of the monies to cover those costs, with the remainder to be funded through Gas Tax. He noted some of the Gas Tax monies could possibly be set aside for major mainte- nance projects to supplement the maintenance district, through the Capital Improvement Program. The City Manager suggested that possibly bonds could be sold to generate suffi- cient revenues to undertake a large maintenance project. He noted the bonds could then be repaid through Gas Tax monies or General Fund monies which have previously been ex- pended on street ma intenance. Commissioner Hawks suggested that through use of this funding mechanism, the property tax level could be reduced, or the decrease in tax monies to support the street maintenance could create more ease in staying within the 1-105 I imitations. City Manager Wysocki reminded the Commission that the amount of property tax monies used to support this operation are not that high, noting that Gas Tax monies are 10-02-89 ~. , ~ . - 12 - used to cover a majority of the costs. The Commission thanked Director of Public Service Forbes for his presentation. B rea k - 3: 22 to 3: 27 p. m . Mayor Stiff declared a break from 3:22 p~m. to 3:27 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Staff recommendation - garbage collection service to New Hyalite View Subdivision City Manager Wysocki submitted to the Commission a memo, along with a copy of the procedure to be followed and the form to be completed for providing garbage collection service to residents in the New Hyalite View Subdivision. He stated this procedure has been developed in response to the petition initiated by residents in the subdivision, noting that well over 50 percent of those residents signed the petition. He noted that under the process established, a resident must approach the City, fill out an application form and submit the appropriate assessment fee for the remainder of the fiscal year. He stated the City crews anticipate picking up garbage for those who submit an application beginning with the first Monday in November. The City Manager stated that after this initial year, those residents who request City garbage will be placed on the regular assessment role and will be billed through the normal process. I n response to a question from Commissioner Vant Hull, the City Manager indicated that when a resident fills out the application, the City staff will determine the amount of the assessment which is due for the balance of this fiscal year, based on the rate struc- ture in the resolution of assessment and upon the number of rooms in the residence. Commissiofler Vant Hull noted that in other subdivisions where the City does gar- bage collection, all of the homes are assessed, whether they use the system or not. She then questioned how the City could assume garbage collection for only certain residences in the subdivision, given its current philosophy. City Attorney Becker reminded the Commission that the City is currently being sued by Waste Management Partners; and this is one of the points in the lawsuit. He stated that following the procedure as outlined in the packet will reduce liability as much as possible. He noted that this procedure has been developed in direct response to the petition submitted; and he feels it is the best approach given the current circumstances. Commissioner Vant Hull stated she has heard complaints about people dumping their garbage in dumpsters or other people's cans and asked if this procedure will only increase that problem. She also expressed concern that this procedure could lead to people leaving the garbage in their homes, rather than taking it to the garbage cans, which could lead to health problems. She then asked if this proposed procedure for this subdivision will have 10-02-89 ~ . ,. - 13 - any impact on the rest of the community. City Manager Wysocki stated it will not have any impact. He noted that other areas in the community where garbage service is provided are already on the assessment rolls; and adding these new accounts will have no impact on them. Mayor Stiff noted the City has received a petition from this subdivision. He then asked if other subdivisions will be treated in a similar manner if a majority of the resi- dents submit a request for such service. City Attorney Becker stated that each subdivision or area must be considered sepa- rately. He noted that with New Hyalite View Subdivision, it was annexed in the late 1890's; and it was not receiving service from a private hauler at that time. He stated the City has received a valid petition; and the City is prepared to provide service to those who apply and submit the appropriate fee. City Manager Wysocki recommended that the Commission approve the procedure for initiating garbage collection in the New Hyalite View Subdivision, as prepared by staff. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the procedure of initiating garbage collection in New Hyalite View Subdivision as submitted, and direct staff to proceed with announcement that garbage col- lection wi II be avai lable for that area. 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. Commission Resolution No. 2759 - levying and assessing garbage assessments for Fiscal Year 1990 City Manager Wysocki presented Commission Resolution No. 2759, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2759 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager stated that this resolution contains an increase in the base rate from $57 to $64, which represents an 11.25 percent increase. I n response to a question from Commissioner Vant Hull, the Administrative Services Director stated that 62 people took advantage of the option to request a lowered assess- ment, based on specific criteria. Commissioner Vant Hull stated she was surprised to learn that older couples as well as singles were allowed to obtain a reduced assessment under this section of the resolu- 10-02-89 .. , '. - 14 - tion. She noted it was originally enacted following testimony from three older ladies and one older gentleman, who indicated they had little garbage because they lived alone and did almost no cooking. She stated that couples have more garbage than older singles; and she feels the reduced assessment would be more appropriately applied to only the singles. She further expressed concern that well-to-do older couples are taking advantage of this reduced assessment. The City Manager stated the staff has no mechanism for determining the income of the applicants. He then stated that the criteria for 'obtaining the reduced assessment have been revised; and the reduced rate has been increased from $45 to $50 in this resolution. Commissioner Vant Hull stated that the single lady who is living on the survivor's benefits through Social Security is much more in need of this reduced assessment than the couple on Social Security, whose income is substantially higher. Commissioner Martel stated support for the section as revised, noting that the as- sessments are based on use of service, not the ability to pay. He further noted that it costs a certain amount of money for the truck to stop, whether there is a lot or a small amount of garbage. Commissioner Goehrung suggested an entirely different assessment method might be appropriate. He then indicated the City Attorney has prepared a memo at his request to provide possible language for revision of this resolution to include direction to the staff to coordinate a feasibility study on recycling, with possible revision of the assessment method in one year. Commissioner Hawks stated support for Commissioner Goehrung1s suggestion, noting he feels that revision should address many of the problems incurred under the present method of assessment. Commissioner Vant Hull concurred that basing the assessment on the actual amount of garbage collection will address the issue. City Manager Wysocki asked if the criteria set forth in Section 4 for obtaining a reduced garbage assessment are adequate for this year's assessment. He reminded the Commission that this section was implemented for the older couple or single who has opted to remain in the large family home for their remaining years. The City Manager then suggested that the timeframe for responding to Commissioner Goehrung's proposal that the staff be directed to coordinate a feasibility study on re- cycling should be revised so that the information is available prior to next year's assess- ment process. Commissioner Goehrung stated that conversations with the staff have revealed that the ordinance upon which the garbage assessment process is based was adopted in 1940. He suggested that changes may be needed in that ordinance; and it is probably appropri- 10-02-89 .- . . - 15 - ate to make those changes prior to changing the assessment method. He noted the assess- ments could then be based on the volume of garbage collected rather than on the number of rooms in the residence. The Commissioner then asked if the other Commissioners are interested in having the staff pursue this alternative method of assessing for garbage collection, noting that a consensus should be reached before a lot of staff time is devoted to this project. Following discussion, a majority of the Commission indicated interest in pursuing this alternative method of assessment. The City Manager noted that Commissioner Goehrung had proposed this proposal as a possible amendment to the resolution as submitted. He then suggested that rather than include it in the resolution, the Commission make a separate motion and vote to direct the staff to proceed with the study and development of a report. He suggested that this study should be completed by September 1, 1990, so that any revision in the assessment method can be made during next year's assessment process. City Manager Wysocki then stated the staff is studying the possibility of revising the structure for gate fees at the landfill, noting the basis would be changed from the size of the vehicle to the weight of the load. He noted the staff is not yet prepared to make a recommendation on that proposed change; however, data is being collected to support any change. Mayor Stiff asked the Director of Public Service when staff could submit a report to the Commission. Director of Public Service Forbes responded that Engineer Lance Kelley has spent three months working on the issues of garbage collection and landfilling, as well as the gathering of baseline data. He then noted that Mr. Kelley's last day of work was Friday; therefore, this activity will be slowed for a period of time. He stated that, optimistically, he hopes to have the report ready in six to nine months. City Manager Wysocki recommended that the Commission provisionally adopt this res- olution, as submitted, and set the public hearing for October 16, 1989. He suggested that separate action could be taken to direct staff to study and prepare a report concerning the possibility of recycling. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission provisionally adopt Commission Resolution No. 2759, levying and assessing garbage assessments for Fiscal Year 1990, and set the public hearing for October 16, 1989. 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. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that 10-02-89 . '. , - 16 - the Commission authorize and direct the staff to coordinate a feasibility study of recycling, with a report to be submitted by September 1, 1990 for Commission review and action. 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. Commission resolution No. 2760 - lev in and assessin assessments for Fis- cal ear 1990 City Manager Wysocki presented Commission Resolution No. 2760, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2760 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. The City Manager stated that this resolution provides for assessment of the costs incurred in street lighting districts for the past fiscal year. He then recommended that the resolution be provisionally adopted and that the public hearing be set for October 16, 1989. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2760, levying and assessing street lighting assessments for Fiscal Year 1990, and set the public hearing for October 16, 1989. 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. and assessin removal bills for City Manager Wysocki presented Commission Resolution No. 2761, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2761 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PRO- VISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager stated that this resolution places delinquent snow removal bills on the special assessments for Fiscal Year 1990. He noted that the total of the unpaid bills is much lower than it has been in past years. He then recommended that the Commission 10-02-89 -~._-~------~ -------. _..__..~_....--~ - ..- .. .' ;. , '. - 17 - provisionally adopt this resolution and set the public hearing for October 16, 1989. Commissioner Vant Hull stated that thirteen of the seventeen property owners do not live in the city, noting that indicates that the biggest problem is incurred with absen- tee property owners. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2761, levying and assessing delinquent snow removal bills for Fiscal Year 1989, and set the public hearing for October 16, 1989. 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, hone. and assess in assessments for City Manager Wysocki presented Commission Resolution No. 2762, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2762 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTE- NANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. The City Manager stated this resolution assesses the costs of street sprinkling within the specified districts incurred during the past fiscal year. He then recommended that this resolution be provisionally adopted and the public hearing set for October 16, 1989. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission provisionally adopt Commission Resolution No. 2762, levying and assessing street sprinkling assessments for Fiscal Year 1990, and set the public hearing for October 16, 1989. 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. Commission Resolution No. 2763- relev in and reassessin SID No. 653 - street, curb and gutter, and si ewalk on a portion 0 ra treet to co, ector standards - 164,728.50 City Manager Wysocki presented Commission Resolution No. 2763, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2763 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 653 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND 10-02-89 -,,,-.- l~ ~ ~ " . , , - 18 - MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 653. The City Manager reminded the Commission that the costs for this special improve- ment district have been previously assessed, based on the bond amount. He noted the costs have now been finalized; and this resolution relevies those assessments based on the actual costs incurred. He then recommended that the Commission adopt this resolution and set the public hearing for October 16, 1989. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Commission Resolution No. 2763, relevying and reas- sessing Special Improvement District No. 653, and set the public hearing for October 16, 1989. 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. Commission Resolution No. 2764 - relev in and reassess in SID No. 654 - street, curb and gutter, and storm drainage improvements on a portion of Lea Way - 56,100.00 City Manager Wysocki presented Commission Resolution No. 2764, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2764 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 654 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 654. The City Manager reminded the Commission that the costs for this special improve- ment district have been previously assessed, based on the bond amount. He noted the costs have now been finalized; and this resolution relevies those assessments based on the actual costs incurred. He then recommended that the Commission adopt this resolution and set the public hearing for October 16, 1989. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2764, relevying and reas- sessing Special Improvement District No. 654, and set the public hearing for October 16, 1989. 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. Update re master plan review process - ad hoc implementation committee Planning Director Andy Epple stated he is presenting the update on the master plan review process at Roger Craft's request, since he is unable to attend the meeting. 10-02-89 -- -~~._----------- _____ ________u_____________ ___ _.___~_ ~' ~ . . - 19- The Planning Director reminded the Commission that at last week's meeting he fur- nished them with copies of comments from individual City Commissioners, the County Com- missioners, the public and the Planning staff concerning the master plan update. He noted this information has been furnished to the planning consultants, along with any com- ments received concerning the zoning documents. The Planning Director noted the ad hoc implementation committee began reviewing a number of the basic issues concerning the master plan and proposed capital improvement plan, identifying the big issues. He stated the committee members then decided to set the next meeting for 7: 00 a.m. on Wednesday, October 4, planning an expanded meeting which will last until noon. He stated a number of key conceptual issues, such as how a density bonus could be used to encourage clustered development, will be discussed; and he antici- pates a consensus wi II be reached on a majority of those issues. He stated the new master plan will identify the characteristics of areas, noting that high-density, medium-density and low-density residential will all be combined into a general residential category. He then indicated that the committee seems to feel a more detailed capital improvement plan must be provided than was included in the original draft. Planning Director Epple noted a conference call will then be held with the planning consultants, so those issues can be addressed in the next draft of the master plan. The Planning Director stated that the last hour of the meeting on Wednesday morn- ing wi II be devoted to the first hard look at the zone code documents, including a presen- tation from Dan Kamp and a report from Planner Ron Brey. He noted that Dan Kamp has charted several projects through the present and proposed procedures, much as he did before this updating process was started. Commissioner Vant Hull asked when public hearings are being planned on the draft documents. The Planning Director responded that hearings will probably be scheduled in mid- to late-November. He noted the revised Planning Board should be basically in place at that time. I n response to a question from Commissioner Vant Hull, the Planning Director in- dicated that Wednesday's meeting is not a breakfast meeting; however, homemade rolls and coffee are to be furnished. . Commissioner Hawks noted he has raised concern in the committee meetings that he is unable to express the Commission's view on various items. He then encouraged all Com- missioners possible to attend the meeting on Wednesday morning. He noted that while the committee does not wish to provide an update on how they have reached their current pos- ition, they are interested in exposing those involved to the process and issues. Commissioner Vant Hull expressed concern that the Commission was discouraged 10-02-89 ;r . , . - 20 - from commenting on micro elements of the report; however, much of the input from the County Commissioners to the consultants included that type of comment. She further noted that two of the three County Commissioners have attended the ad hoc implementation committee meetings while only one of the five City Commissioners has done so. She noted it will take longer for the City Commission to be ready to adequately address the various elements of the proposed plans. The Commissioner then expressed concern that one of the County Commission's suggestions is that the mission statement, which the City Commission had requested be included, be deleted. City Manager Wysocki suggested that any questioned statements or issues be left in the draft plans, noting that testimony received during the public hearing can help to make the determination of what should be left in and what should be removed. Commissioner Hawks stated there is plenty of room for compromise and to gain a consensus on many of the issues in the draft report. He noted that at the present time, the conceptual aspect is being c'onsideredrather than establishment of specifics. Commissioner Vant Hull and City Manager Wysocki indicated they plan to attend Wednesday morning's meeting. Appointments to City-County Planning Board City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan indicating that she contacted the eleven applicants; and all of them have signed a statement indicating they will not represent clients before the City-County Plan- ning Board or the City Commission while serving on the Board. He noted that a copy of the statement read to the applicants and a copy of the statement signed are attached to the memo. Commissioner Hawks reminded the Commission of the critical stage in which the planning and zoning processes are at the present time. He suggested that the State law requires that two of the appointees be from a technical background, encouraging that more technical people be appointed at this time to help the process move forward as well as pos- sible. He noted that he served on the City-County Planning Board during comprehensive revision of the existing Master Plan; and he feels that the lack of expertise on the Board at that time was a deterrent in developing the best plan possible. The Commissioner fur- ther stated he feels that the appointees should represent as diverse a cross-section of the community as possible. Mayor Stiff noted the Commission has not received a letter of resignation from Amy Bartell, questioning whether that position should be filled. Some of the Commissioners in- dicated that she and her husband have moved from the community and have accepted po- sitions at another university. They then concurred that someone should be appointed to 10-02-89 ._~ .' '. . , - 21 - replace her, even though a formal letter of resignation has not been submitted. The Commission then discussed whether Jeff Rupp's application can be considered, since he lives outside city limits. Commissioner Vant Hull stated a conversation with the City Attorney revealed that the City could amend the interlocal agreement to allow the City to appoint one member from the jurisdictional area and ask the County to approve the amended agreement. She noted the amended agreement could then be submitted to the Attorney General's office for ap- proval. Commissioner Goehrung indicated he is not certain this type of change should be made at this time. City Manager Wysocki stated the City Attorney called the Attorney General's office this morning and found that the office has not yet addressed the agreement which has been submitted for review. He then reminded the Commissioners that if they withdraw the agreement currently in that office and submit an amended agreement, the entire timeframe starts over again. Commissioner Hawks suggested there might be a sl ightly negative reaction from the County if the City proposed an amended agreement so soon after signing of the original agreement. He then encouraged the Commission to let the current process move forward, suggesting that a revised agreement might be more favorably considered by the County after the initial appointment process has been completed and the revised City-County Plan- ning Board is in place. In response to a question from City Manager Wysocki, Planning Director Andy Epple indicated the State statute does not specify that two technical people be appointed to the City-County Planning Board; however, the Board's by-laws do. The City Manager reminded the Commission that the Board's by-laws are not bind- ing on the Commission; therefore, they may appoint members without any technical exper- tise. Commissioner Martel expressed concern about the language contained in the state- ments which the applicants were required to review and sign. He noted the code of ethics does not specifically state that a board member will not appear before the board or the City Commission; however, the signed statement does require them to make that type of commitment. The City Manager reminded the Commission that these statements were prepared at the Commission's direction; and he feels they accurately reflect the action taken at last week's meeting. He further noted that all eleven applicants signed the statement, indicat- ing their willingness to abide by these rules; so, he does not feel this is an issue. Commissioner Goehrung noted the issue of multiple appointments to boards has been 10-02-89 .~ ... Ii "l- - 22 - raised and discussed in the past. He then asked if the Commissioners need to consider this issue once again before making appointments. The Commissioners determined this is not an issue given the present slate of applicants. City Attorney Becker reminded the Commissioners of the City code requirements for appointments to the Zoning Commission, citing Section 2.68.020. He noted one member is to hold a concurrent office on the City-County Planning Board and one is to hold a con- current office on the Board of Adjustment. He noted the Commission is making appoint- ments to the City-County Planning Board only at this time; however, he reminded them of their stated intent to appoint the City-County Planning Board to serve as the City's Zon- ing Commission after the revised Board is in place. He suggested that appointments should be made with that in mind so its composition is in conformance with the City's reg- ulations. The Commissioners then reviewed the applications to determine which of the appli- cants could fill these two required positions. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission appoint Riney Bennett to serve as the cross-over member to the Board of Adjustment. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission appoint Ralph Johnson to serve as the cross-over member to the Zoning Commission. 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. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that Roger Craft and Keith Swenson be appointed to the City-County Planning Board. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No be- ing Commissioner Vant Hull. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the terms of the new appointees be established as follows: that Riney Bennett be appointed to replace James E. Banks, with a term to expire on December 31, 1991; that Roger Craft be appointed to fill his own term, with a term to expire to December 31, 1990; that Keith Swenson be appointed to replace Amy Bartell, with a term to expire on June 30, 1990; and that Ralph Johnson be appointed to replace Stephan G. Custer, with a term to expire on December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- 10-02-89 .' ",,1' '~ . . - 23 - sioner Hawks and Mayor Stiff; those voting No, none. Designation of Votin~ and Alternate Voting Delegate - National League of Cities Congress of Cities to be held ovember 25-29, 1989 in Atlanta, Georgia City Manager Wysocki submitted to the Commission a letter from the National League of Cities concerning designation of a voting delegate and an alternate voting delegate to the Congress of Cities to be held on November 25-29, 1989 in Atlanta, Georgia. He in- dicated a willingness to attend the conference if selected as the voting delegate. He fur- ther suggested that the Commission may be interested in designating one of the newly- elected Commissioners, since the conference is to be held just after the election has been conducted. Commissioner Hawks noted that the Commission had previously made the conscious decision to spend the monies to send Commissioner Goehrung to the Center for the Im- provement of Public Management rather than sending a Commissioner to this conference. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission designate City Manager Wysocki as the voting delegate to the National League of Cities Congress of Cities, to be held on November 25-29, 1989 in Atlanta, Georgia, and that no alternative voting delegate be designated. 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. The City Manager expressed an interest in obtaining Commissioner input on the res- olutions to be placed on the floor during the conference. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Copies of two letters from the County Attorney's office commending specified police officers for their assistance in the investigation and prosecution of Owen Todd Evans. (2) Three form letters from residents near Canary Lane requesting that the Commission take action requiring Mr. Mark Duffy to remove his new "agricultural storage facility". (3) Announcement of a Chamber of Commerce Governmental Affairs Committee meeting to be held Thursday, October 5, at 7:30 a.m. at the GranTree Inn. ( 4) A memo from Administrative Services Director Gamradt outlining the expendi- tures from the Parkland Trust Fund during Fiscal Year 1988-89, as requested by Commis- 10-02-89 .' .'f' . .. . - 24 - sioner Hawks. (5) The City Manager presented his report, as follows. (1) Improvements to the intersection of Durston Road and North 7th Avenue have been completed; and the left-turn arrow is now operational. (2) The fire at the old landfill has been extinguished--again. He noted this is the second or third time the fire has relit and been put out. (3) Overlay projects have been completed on the various streets except on Durston Road between North 15th Avenue and North 19th Avenue. This portion of the project will probably be complet- ed next spring, since crews are in the process of cutting across the street to repair water lines. (4) Meetings were held during the past week with the State's Water Quality Bureau and the City-County Health Department concerning contamination of the ground water around North 17th Avenue. The source of that contamination has not yet been de- termined. (5) He met with representatives from the school system concerning the need for extensions of water, sewer and streets to new school sites. He noted the City's current SID policy was also reviewed, and the possibility of using that funding mechanism. (6) The attorney representing the City in the Chemodurow water case met with the Bozeman Creek Water Users' Association to discuss adjudication of those water rights claims. He noted that Dr. Chemodurow has flied 642 claims for water for various purposes and has indicated those claims were established before 1973; however, the burden of proof is upon him. (7) He met with a representative from the Headwaters Entrepreneural Resource pro- gram to discuss the requirements for the governmental procurement program, noting the City could be required to participate in an amount up to $2,000. (8) He met with former City Attorney Bob Planalp and Administrative Services Director Gamradt concerning another auction of Valley Unit lots. He noted that the State law requires that if a lot is not sold at auction, it must be offered for sale again within six months; and there were two lots which did not sell at the last auction. He stated staff is preparing for another auction before December 1. He noted the staff is currently seeking input on what type of lots to offer and how many, noting that if some of the lots are not sold at this auction, another will be required within six months. (9) A substantial amount of time has been spent preparing for this agenda. (6) Commissioner Vant Hull submitted to the Commission a memo concerning the Pizza Hut restaurant which was recently opened at the corner of South 7th Avenue and West Babcock Street. She stated that since this is a take-out and delivery facility, she does not feel it meets the definition of a restaurant. She further suggested it is not com- patible with a viable downtown area. The Commissioner indicated this issue could be placed on a upcoming agenda for clarification. The City Manager suggested this may be more appropriately discussed by the ad hoc implementation committee, with the issue possibly being forwarded to the planning con- 10-02-89 .. .)'i- .. . .. - 25 - sultants. At Commissioner Vant Hull's request, Commissioner Hawks indicated he will raise this issue at Wednesday's meeting. (7) Commissioner Goehrung stated that he teaches a class from 4:00 to 6:00 p.m. on Tuesdays, indicating he must excuse himself from next week's meeting in time to begin that class at 4:00 p.m. Mayor Stiff suggested the Commission meeting time be changed to 1 :00 p.m.; the Commission concurred. (8) Commissioner Goehrung distributed to the Commission a copy of the community newsletter, noting it contains a number of articles on recycling. He stated the committee on recycling has not met over the summer, but will begin doing so again shortly. (9) Commissioner Vant Hull announced that Ursula Neese has purchased the lot in Block 52 of the Northern Pacific Addition from Ray Campeau, et al. She noted that Ms. Neese proposes to use the lot as a nursery for her business, Conserv Landscaping. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Claims It was moved by Commissioner Martel, seconded by Commissioner Goehrung, 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 Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. of a nnexation 1400 This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Don Cowles for the Wild West Company to allow construction of a 38,276- square-foot addition to the existing faCility located on Tract 4 of the Northeast Annexation. The subject site is more commonly located at 1400 North Rouse Avenue. City Manager Wysocki submitted to the Commission a letter of withdrawal dated Oc- tober 2, 1989, signed by Dick Prugh, architect for the project. He then recommended that the Commission acknowledge receipt of this letter, noting that this effectively cancels tonight's public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that 10-02-89 .' ~. ;. ~ ,':'.:.,,' ,I" II Si . .. .... - 26 - the Commission acknowledge receipt of the letter of withdrawal, cancel the public hearing and instruct the Clerk of the Commission to post notice of such. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Adjournment - 5:29 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull I that the meeting be adjourned. 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. 10-02-89 - .........'.".,.......