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HomeMy WebLinkAbout1989-11-13 ft. ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 13, 1989 -; 11'1111 t"f It (f ** * * *" 'It" ./r"JIt,.,*", The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 13, 1989, at 2:00 p.m. Present were Mayor Pro Tem- pore Hawks, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City At- torney Becker and Clerk of the Commission Sullivan. Mayor Stiff and Commissioner Vant Hull were absent in compliance with Section 7-3-4322(2), M.C.A. 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 Mayor Pro Tempore Hawks deferred action on the minutes of the regular meeting of November 6, 1989, for a period of one week. Ordinance No. 1291 - Planning Board Membership City Manager Wysocki presented Ordinance No. 1291, as prepared by the City At- torney, entitled: ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-1-108, MONTANA CODE ANNOTATED DESIGNATING THE BOZEMAN CITY-COUNTY PLANNING BOARD AS THE CITY OF BOZEMAN'S ZONING COMMISSION; AMENDING ORDINANCE NO. 802 AS CODIFIED BY SECTION 2.64.010 ET SEQ. OF THE BOZEMAN MUNICIPAL CODE ADOPTING BY REFERENCE PR~ENT STATE LAW REGARDING THE CITY-COUNTY PLANNING BOARD AND INCREASING THE CITY-COUNTY PLANNING BOARD MEMBERSHIP BY ADDING THERETO ONE ADDITIONAL CITY APPOINTEE; AND ABOLISHING THE PRESENT CITY'S ZONING COM- MISSION BY REPEALING ORDINANCE NOS. 928, 1012 and 1156. The City Manager reminded the Commission that this ordinance was provisionally adopted at their regular meeting of October 30, 1989. He then recommended that it be finally adopted at th is time. Mayor Pro Tempore Hawks asked if appointment of the tenth member to the City- County Planning Board is to be made at next week's meeting. The Clerk of the Commission responded it is scheduled for next week, with the ap- pointment being effective thirty days from final adoption of the ordinance. Commissioner Goehrung asked if the Attorney Generai has submitted any comment, other than his approval as to form, on the Interlocal Agreement. The City Attorney responded there has been no other response, noting that ap- proval as to form is the best the City can anticipate. 11 -1 3-89 -------- <, .. - 2 - It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1291, designating the City-County Planning Board as the City's Zoning Commission, and increasing the membership of that Board to add one City appointee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. City Manager Wysocki presented Ordinance No. 1294, as prepared by City Attorney, entitled: ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 7 AND SECTION 9 OF ORDINANCE NO. 1221, AS CODIFIED IN SECTIONS 18.30.020 AND 18.34.020 OF THE BOZEMAN MUNICIPAL CODE, RESPECTIVELY, TO ADD "RECREATIONAL VE- HICLE SALES" AND "TRAVEL TRAILER SALES" TO THE LIST OF PERMIT- TED USES IN THE "B-2", "M-l" AND "M-2" DISTRICTS, AND ESTABLISH A DEFINITION OF "RECREATIONAL VEHICLE" BY ADDING NEW SECTION 18.04.451 OF THE BOZEMAN MUNICIPAL CODE AND AMEND THE EXISTING DEFINITION OF "TRAVEL TRAILER" IN SECTION 2.55 OF ORDINANCE NO. 935, AS CODIFIED IN SECTION 18.04.570 OF THE BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commission that they approved this zone code amendment following the public hearing which was held on October 16, 1989. He then rec- ommended that the ordinance be provisionally adopted at this time. He reminded the Com- mission that all votes must be 3 to 0 today, due to the fact that only three Commissioners a re present. Commissioner Martel noted that during the public hearing he had raised a question about the standard manufactured motor homes that are wider than eight feet, which would be eliminated under this ordinance. He then suggested that the language be changed to include those motor homes wider than eight feet but within the legal limits set by the State. City Attorney Becker stated the language contained in this ordinance is the lan- guage which was approved by the Zoning Commission and the City Commission during their public hearings on this zone code amendment. He then reminded the Commission that adoption of the revised documents being prepared by BRW, Inc., will nullify this ordi- nance, so it will probably be effective for a period of sixty days. City Manager Wysocki suggested the language in the ordinance could be revised prior to provisional adoption, possibly to read "widths not wider than those allowed by the State" . Mayor Pro Tempore Hawks suggested the possibility of waiting until after the first 11-13-89 ~ ;; - 3 - of the year to adopt this ordinance. Commissioner Martel asked if there are any pending applications which would rely on adoption of this ordinance. City Manager Wysocki stated there is one sales lot currently operating in the B-2 zone. City Attorney Becker requested that action on this ordinance be delayed until later in the agenda if the Commissioners wish to revise the language to include that suggested by the City Manager, since he is uncertain of the definition of "travel trailerll, as con- tained in the State statutes. In response to a question from Mayor Pro Tempore Hawks, the City Attorney in- dicated that adoption of this ordinance will authorize the existence of those recreation ve- hicle and travel trailer sales lots which are in operation at the time the new code is adopt- ed. Commissioner Goehrung reminded the Commission that he was one of the IIno" votes in the 3 to 2 vote to approve this zone code amendment. He stated he is still concerned about the possibility of accessory uses, such as repair facilities, because of the size of the vehicles involved in areas which may be located adjacent to residential developments. The Commissioner stated that he recognizes this ordinance will be in effect only until the new code is adopted; however, he feels this type of use may be inappropriate in some of the areas where it would be permitted. He then suggested the Commission may wish to defer action on the ordinance until next week, when a full Commission will be present. He also expressed a desire to see the additional information on legal trailer and mobile home widths prior to consideration of this ordinance. It was moved by Commissioner Goehrung, seconded by Commissioner Martel, that action on this ordinance be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No. none. Update re planning process; setting of dates for public hearings - Planning Director Epple City Manager Wysocki stated that Mr. Roger Craft, member of the ad hoc implemen- tation committee is present. Mr. Roger Craft distributed to the Commission copies of the newly revised schedule of events for revision of the master plan and zoning documents. He then briefly high- lighted the dates contained in that schedule. He noted that the ad hoc implementation committee is scheduled to meet on November 15, 22 and 29 to complete their review of the revised documents. He stated that a public hearing on the sign code portion of the zone code has been scheduled before the Zoning Commission on November 28. The public hear- 11-13-89 . , - 4 - ings on the master plan and capital improvement plan have been scheduled for November 29 before the City-County Planning Board, December 11 before the City Commission, and De- cember 12 before the County Commission. Public hearings on the entire zone code, includ- ing the sign code and historic preservation section, have been scheduled for December 13 before the City-County Planning Board, December 18 before the City Commission, and De- cember 19 before the County Commission. Also scheduled for December 19 is a hearing held jointly by the City Commission and County Commission to address any concerns on the master plan, capital improvement plan and the zone code, with final adoption of those doc- uments by both Commissions anticipated after the hearing is completed. Mr. Craft then requested confirmation of this schedule, noting that the notice of public hearing for the master plan before the City-County Planning Board must be pub- lished shortly to meet the statutory requirements. City Manager Wysocki asked if legal review of the documents is anticipated prior to final adoption by the Commissions. Mr. Craft indicated that he anticipates the consultants will do a final review of the documents for legality prior to submittal of the final draft to the City. Commissioner Martel asked if the two drafts of the sign code have been satisfactorily combined. Mr. Craft responded that the ad hoc sign committee has met on the document and will meet again tonight. He noted at last week's meeting, the ad hoc sign committee re- viewed the positions they had set prior to their last meeting, which was approximately four months ago. He stated they felt it important to review the actions they had taken to date to reaffirm or change those as necessary to gain a consensus prior to beginning review of the draft document as submitted by BRW. He noted the ad hoc sign committee is scheduled to meet with the ad hoc implementation committee on Wednesday morning to dis- cuss any issues which have been raised. He stated there is a new section in the code pertaining to administration of the code, as prepared by BRW; and that sectiqn must be carefully addressed. The Commission thanked Mr. Craft for his presentation. Authorize City Manager to sign - agreement consenting to assignment of provisions of an- nexation a reement from Ro er and Rosalind Smith to new owner - ortion of the Smith nnexation City Manager Wysocki submitted to the Commission a memo from City Attorney Becker concerning a request the City has received for assignment of the provisions of the annexation agreement for a portion of the Smith Annexation. He stated that the an- nexation agreement between the City and Roger H. and Rosalind I. Smith includes a pro- vision that the agreement cannot be assigned to another individual. He noted this pro- 11-13-89 .. . - 5 - vision allows the City to be aware of any transfers of ownership, which otherwise might not be known . The City Manager stated that an individual has expressed an interest in purchasing a portion of the Smith Annexation; and the City must agree to this assignment of the provisions of the annexation agreement for that portion of the annexation before the purchase can be made. He then recommended that the Commission authorize him to sign the consent to assignment of the annexation agreement. Commissioner Martel asked if there are any delinquent taxes or special assessments on the parcel being sold. The City Manager responded that any delinquent taxes or special assessments must be brought up to date during closing of the sale so that title insurance can be obtained. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission authorize and direct the City Manager to sign an agreement consenting to assignment of the provisions of the annexation agreement from Roger H. and Rosalind I. Smith to the new owner on a portion of the Smith Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2765 - authorizing City Manager to convey Lot 3 of Block 37 and Lot 2 of Block 30 of the Valle Unit Subdivision to successful bidders at ublic auc- t ion to e e d on ovem er 5, 989 City Manager Wysocki presented Commission Resolution No. 2765, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING CITY MANAGER TO CONVEY LOT 3 OF BLOCK 37 AND LOT 2 OF BLOCK 30 OF VALLEY UNIT SUBDIVISION TO SUCCESSFUL BIDDERS AT PUBLIC AUCTION TO BE HELD ON NOVEMBER 15, 1989. The City Manager reminded the Commission of the auction sale of two Valley Unit Subdivision lots, which has been scheduled for 1: 00 p. m. on Wednesday, November 15, in the Commission Room. He stated that adoption of this Resolution is necessary as a part of the process. Mayor Pro Tempore Hawks asked if the necessary advertisements have been run for this sale. The City Manager responded that all legal requirements for the sale have been met. City Attorney Becker stated the process being followed for transfer of ownership to the new owners has been changed due to a recent Attorney General's opinion. He noted that in the previous auction sales, ownership has changed directly from the County to the new property owner. Under the new process, the County must issue a tax deed to the City; and the City must then convey the property to the successful bidders at the auction 11-13-89 . . - 6 - sale. The City Attorney indicated that adoption of this Resolution provides the au- thorization necessary for the City Manager to sign the necessary paperwork to convey the lots sold at the auction. In response to a question from the Mayor Pro Tempore, City Attorney Becker in- dicated the Attorney General's opinion was issued after the City had conducted its two previous auction sales. He noted that the opinion is not retroactive; therefore, the previ- ous actions taken are valid. It was moved by Commissioner Goehrung, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2765, authorizing the City Manager to convey those lots sold at the public auction on November 15, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 14. (2) The City Manager submitted his report, as follows. (1) Introduction of Tad Brooks, the new reporter at the Bozeman Daily Chronicle who will be covering the City's activities. (2) He noted much of last week and this week were spent on planning and zon- ing issues and the update process. (3) Staff has been preparing for auction of the Valley Unit lots, which will be held at 1 :00 p.m on Wednesday. (4) He did a welcome for the Rocky Mountain Fair Board Association on behalf of the Mayor and Mayor Pro Tempore. He noted approximately 420 people were in attendance at the meeting. (5) The City Hall bowling team raised over $500 yesterday in the Bowl for Kid's Sake; and that figure does not include monies raised by the Fire Department team or the Police Department team. He noted that Big Brothers and Big Sisters exceeded their goal by over $1,000. (6) Staff has been meeting with various individuals about the conditions for approval of conditional use permits, including Life Link, in an attempt to gain compliance. (7) Leaf pick-up is still in progess. Today, over forty tickets were issued to cars parked where the "No Parking" signs had been posted. (8) Thomas, Dean and Hoskins is reviewing techniques for disinfection for the percolation beds at the Waste Water Treatment Plant. (9) A por- tion of South Willson Avenue was closed last week to allow the City crews to replace a por- tion of the sewer line that was fi lied with tree roots. (10) The Masonic Lodge on North Bozeman Avenue has replaced a portion of its sidewalk, without any prompting from the City. (11) A handicapped ramp has been installed recently on one of the corners of 11-13-89 .. ..... . - 7 - Cooper Park. (3) Commissioner Goehrung stated that on Friday he, along with others, gave a presentation for the Extension Service on participating in community volunteerism. He noted that with the others on the panel, participants got a perspective from different lev- els of government. (4) Mayor Pro Tempore Hawks asked if the new Commissioners-Elect are receiv- ing packets for the meetings for the remainder of the year. The Clerk of the Commission responded that they are, starting with the packets for this meeting. (5) Mayor Pro Tempore Hawks briefly highlighted the Century Two forum, which he attended in Helena on Thursday. He noted that 400 to 500 people from around the State attended the forum, much of which was a tribute to Mr. Mike Mansfield for his mi- raculous political career. He noted there were twelve panelists from around the State who gave their vision of where the State will be in 2014, which is twenty-five years from now. He listed those individuals and their backgrounds, noting their comments and positions were as diverse as their backgrounds. He stated that preserving the State's environment while developing industry seems to be one of the key issues for upcoming years. The Mayor Pro Tempore noted that each participant was then asked to write down his or her forecast and turn them in. He noted those forecasts are to be forwarded to the partici- pants shortly; and he feels it will provide interesting reading. (6) Mrs. Daria Joyner, Executive Director of the Chamber of Commerce, noted that Montana Rail Link is conducting a meeting at noon on Tuesday, November 21, at the Holiday Inn. She then asked if any City personnel plan to attend, noting that she feels the City should be represented. City Manager Wysocki responded that various City personnel, including the Commis- sioners, have received invitations; and someone will be present. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Claims Proclamation - "Children's Book Week" - November 13-19, 1989 It was moved by Commi,ssioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, and Mayor Pro Tempore Hawks; those voting No, none. 11-13-89 ,- .' 1.1.. .. - 8 - Adjournment - 2:38 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. 11-13-89