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HomeMy WebLinkAbout1989-11-20 'i 'i i' _5' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 20, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 20, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sull ivan. 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 - November 6 and 13 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of November 6, 1989 be approved as amended, and that the minutes of the regular meeting of November 13, 1989 be approved as submitted. 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 uniform safet code ins ection fees for the ins ection businesses and or anizations not licensed b t e ity City Manager Wysocki presented Ordinance No. 1292, as prepared by the City At- torney, entitled: ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING REASONABLE UNIFORM SAFETY CODE IN- SPECTION FEES FOR THE INSPECTION OF BUILDINGS AND OFFICES CON- TAINING BUSINESSES AND ORGANIZATIONS NOT LICENSED BY THE CITY OF BOZEMAN. The City Manager noted that this ordinance establishes reasonable fees for inspec- tions to ensure compliance with the uniform safety codes for those buildings and offices containing businesses and organizations which are exempt from the City.s business licens- ing requirements. He noted that this will provide payment for services rendered, effective January 1, 1990, on the basis of services provided. The City Manager then reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of November 6, 1989; and recommended that it be finally adopted at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that 11-20-89 '\' ... f 1 - 2 - the Commission finally adopt Ordinance No. 1292, establishing reasonable uniform safety code inspection fees for inspection of buildings and offices containing businesses and orga- nizations not licensed by the City. 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. uses In City Manager Wysocki presented Ordinance No. 1294, as prepared by the City At- torney, 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. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that Ordinance No. 1294 be removed from the table. 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. The City Manager reminded the Commission that one of the issues raised at last week's meeting was the fact that the legal width of motorized recreational vehicles is wider than eight feet. He stated that review of the State statutes revealed that a motor home may not exceed 102 inches in width and 40 feet in length; and a travel trailer may not ex- ceed 8 feet in width and 45 feet in length. He suggested that the Commission may wish to revise the ordinance to include those measurements rather than the 8-foot and 40-foot iimitations currently contained in the document. Commissioner Vant Hull reiterated the concerns she had previously expressed about allowing this type of activity as a permitted use in the B-2, Community Highway Business, District. She indicated that allowing this as a conditional use in the B-2 district and a permitted use in the M-l and M-2 districts would be acceptable. Commissioner Goehrung stated the concerns he has previously raised pertain to the B-2 district more than to the M-l and M-2 districts. He then concurred in Commissioner Vant Hull's suggestion. Commissioner Martel noted that the new zone code addresses this issue; however. it contains the size limitations as proposed in this ordinance. He then indicated a willingness 11-20-89 .~ -; r ~ - 3 - to adopt the ordinance with the statutory limitations on size. Commissioner Hawks stated he has considered various issues and concerns since voting to approve the zone code amendment as submitted. He noted that when the Com- mission voted to approve the amendment, the timeframe for adoption of the new documents did not seem as condensed as it does now. He then expressed concern that adopting this amendment will allow for grandfathering of uses existing under the current code, which may not be in the public interest. He suggested that the Commission consider delaying adoption of this ordinance, allowing the new zone code to address the issue. He noted that if the Commission does decide to take action on this ordinance, he would support al- lowing recreational vehicle sales and travel trailer sales as a conditional use in the B-2 zone rather than as a permitted use. Commissioner Martel noted that adoption of the ordinance with the proposed re- visions will amend the existing zone code in a manner which is not consistent with the new zone code, which should be adopted within the next two or three months. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1294, as amended to include the statuto- ry definitions and size limitations for motor homes, travel trailers and recreational vehi- cles, and to allow said sales as a conditional use in the B-2, Community Highway Business, District, and as a permitted use in the M-l, Commercial--Light Manufacturing, and M-2, Manufacturing and Industrial, Districts, 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. 1295 - fixing the sa laries of the City Commissioners and Mayor City Manager Wysocki presented Ordinance No. 1295, as approved by the City At- torney, entitled: ORDINANCE NO. 1295 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDI- NANCE NO. 1267, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commission that the staff prepared this ordinance as a result of Commission action taken at their meeting of April 17, 1989. He then recom- mended that the Commission provisionally adopt the ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1295, fixing the salaries of the City 11-20-89 __ n_______________ . .. r , - 4 - Commissioners and Mayor, 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 Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Update re planning process - Planning Director Epple Mr. Roger Craft, member of the ad hoc implementation committee, submitted to the Commission the newly revised schedule for adoption of the new master plan and zone code, as prepared on November 15, 1989. He then briefly highlighted the schedule and changes made from previous schedules. Mr. Craft stated that copies of the third draft of the master plan are available for public review as of this date. He noted, however, the copies are of the working draft, with the changes pencilled in. He stated the finalized copy of the third draft should be available later this week. Mr. Craft noted that the Chamber of Commerce Business Support and Governmental Affairs Committees are sponsoring two public meetings on Tuesday; and those meetings have been included on the new schedule. He then stated that the purpose of the Novem- ber 28 meeting before the Zoning Commission has been changed due to problems in com- pleting an acceptable sign code. He indicated that at that meeting, the Zoning Commis- sion, the ad hoc implementation committee and ad hoc sign committee will conduct a work session in an attempt to complete that portion of the zone code in a manner which is ac- ceptable. He noted the public hearing on the zone code before the Zoning Commission has been rescheduled to December 5, indicating that copies of the zone code should be avail- able for public review on or about December 4. Mr. Craft stated that an additional meeting of the ad hoc implementation committee has been scheduled for December 6, due to the change in completion of the sign code. He then stated the final change in the schedule is to set the public hearings before the County Commission at 1 :30 p.m. rather than in the evening. He then indicated that final adoption of the master plan, capital improvement plan and zone code by both commissions may be delayed if determined necessary. City Manager Wysocki asked if the public hearing on the master plan scheduled for November 29 has been duly advertised and can be held, due to the fact that the third draft of the document has not yet been received. Mr. Craft indicated that the advertising requirements have been met; and the work- ing draft contains all of the changes to be incorporated into the document. City Manager Wysocki reminded the Commission that the new documents are to be adopted through the ordinance process, which requires two adoptions and becomes effec- 11-20-89 r ... ( , - 5 - tive thirty days after final adoption. Appointment of tenth City-County Planning Board member City Manager Wysocki presented to the Commission a memo from the Clerk of the Commission listing those applicants on file from the previous advertisement process. Following discussion, it was moved by Commissioner Hawks, seconded by Commis- sioner Vant Hull, that Deborah L. Berglund be appointed as the tenth member to the City- County Planning Board, with a term to begin on December 13, 1989 and expire on Decem- ber 31, 1990. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your I nforma- tion" items. (1) A memo concerning the joint meeting with the County Commission on Decem- ber 4, which was originally scheduled for today, concerning long-range solid waste man- agement planning, discussion on the handling of future civil cases, and the transportation plan update. He suggested that the Commission schedule their regular meeting to begin at 1 :00 p.m. so the regular business items can be addressed prior to this joint meeting, which will begin at 3:00 p.m. The City Manager noted the second item in the memo is a reminder that he will be attending the NLC Congress of Cities next week, as the City.s voting delegate. He en- couraged the Commissioners to let him know of any items of interest so he can determine which sessions to attend. Commissioner Vant Hull suggested that for those sessions in which he is interested but unable to attend due to scheduling conflicts, it may be beneficial to get the tapes for the sessions. (2) A summary of the results of the auction conducted for the two Valley Unit Subdivision lots which had not sold at the previous auction. Both lots were sold at the auction, which was held on November 15, at slightly above the fair market value. (3) Notice of the seminars being sponsored by the Chamber of Commerce on Tuesday, November 21, concerning the master plan and zone code. (4) Copy of a notice from the Public Service Commission announcing a public hearing on Montana Rail Link1s proposal to discontinue its agency operations at Belgrade and Bozeman. The City Manager noted this is probably the topic of the luncheon meeting 11-20-89 --------.- r .. , , - 6 - schedu led for tomorrow. (5) Minutes for the Bozeman Public Library Foundation meeting held on Septem- ber 14, 1989. (6) Copy of the request for proposals for a monitoring program at the landfill. The City Manager suggested that Commissioner Goehrung serve on the committee to select the firm, due to the fact that the process will not be completed by the end of the calendar year. (7) The City Manager submitted his weekly report, as follows. (1) Employees from the Fire Department and Public Service Department, along with private individuals, installed the Christmas decorations along Main Street this morning. (2) Staff has worked on preparation and review of contract documents for engineering services for expansion of the water treatment plant; and those documents are on the agenda today. (3) A letter of agreement with Ken LeClair has been prepared, for the transplanting of trees to his devel- opment and Josephine Park. After viewing the trees, Mr. LeClair is not sure there are enough big trees in the City's nursery to accomplish what he had in mind. (4) The Fire Department and Building Inspection Division are working on business license inspections. The Fire Department is also preparing for the Christmas season lIblitzesll, which will begin in another week. (5) Staff has been diligently working on the planning issues, as it has for the past several weeks. (6) Approximately $1.3 million was billed in special assess- ments. Just over 20 percent of those assessments have been collected to date; and the deadline for payment is November 30. (7) The two Valley Unit lots were sold on Wednes- day, as noted in one of the previous "FYI" items. (8) Director of Public Service Forbes and County Commissioner Dave Pruitt attended the Highway Commission meeting held in Helena on Friday. It appears the Great Falls interchange is not moving forward as antic- ipated; and the State Highway Department staff has recommended it be dropped from the prioritized schedule. The Highway Commission did not take action on that recommendation at its Friday meeting; however, those present were encouraged to prepare a formal pre- sentation for Bozeman's interchange, which may then move up on the schedule. (9) Staff has been looking at various options for handling of civil cases, in anticipation of the De- cember 4 meeting with the County Commission. He noted that several issues must be con- sidered while reviewing these options, suggesting it may be in the City's best interests to enter into an interlocal agreement with the County to create a second part-time Justice of the Peace position to handle the overflow civil cases. (8) Commissioner Hawks asked Mrs. Daria Joyner if she has been in contact with the League of Women Voters concerning information meetings on the master plan and zone code. He suggested that inviting them to the meetings being sponsored by the Chamber could be beneficial. 11-20-89 .. " .. - 7 - Mrs. Joyner stated she has not been in contact with them; but she will contact a member of that group before tomorrow's meetings. (9) Commissioner Vant Hull noted the Christmas Stroll buttons are now on sale and encouraged all interested persons to buy one. (10) Mayor Stiff stated he has received a letter from the State Department of Highways announcing a meeting to be held on Wednesday, November 29, in Belgrade, con- cerning revamping of the Belgrade interchange. Appointments to Historic Preservation Advisory Commission City Manager Wysocki presented to the Commission a memo from the Clerk of the Commission listing six applicants for the two vacancies on the Historic Preservation Adviso- ry Commission. He reminded the Commission that one professional and one at-large member are to be appointed to the HPAC at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission appoint Linda Bell as a professional member to replace Mikel Kallestad, with a term to expire on June 30, 1991; and appoint Beverly Barnhart as an at-large member to replace Ellen Hilde, with a term to expire on June 30, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Commission Resolution No. 2766 - implementing the tax abatement authorized 15-24-1601, MCA, et se ., for historic residential and commercial properties rehabi Itation, restoration, expansion or new construction meeting criteria City Manager Wysocki presented Commission Resolution No. 2766, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2766 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA, IM- PLEMENTING THE TAX ABATEMENT AUTHORIZED BY ~15-24-1601, MONTANA CODE ANNOTATED, ET SEQ., FOR HISTORIC RESIDENTIAL AND COMMERCIAL PROPERTIES UNDERGOING REHABILITATION, RESTORATION, EXPANSION OR NEW CONSTRUCTION MEETING THE CRITERIA ESTAB- LISHED BY ~15-24-1605 AND/OR ~15-24-1606. The City Manager briefly highlighted the provisions of this program. He noted that the State statutes allow a local government to provide a tax abatement program for historic property undergoing rehabilitation, restoration, expansion or new construction which meets criteria established in the code. Qualifying projects may receive a tax abatement in the amount of 100 percent of the increase in taxable value caused by the construction activity for the construction period, not to exceed twelve months, and up to five years following completion of the construction. The City Manager then noted that a penalty is provided 11-20-89 ~ , , .. "' - 8 - // , should the property not be maintained in its historic state. Commissioner Goehrung raised the question of whether this program might potentially conflict with a tax increment district. He noted that Historic Preservation Officer Dennis Seibel checked with the Helena office on this question and found that Butte is the only other City in the State considering this program. He indicated it appears that properties utilizing this program, or eligible to utilize the program, would be excepted from a tax in- crement district during the five- to six-year period of tax abatement. He noted after that period, the property could be placed in the tax increment district, which has a life span of ten years. Commissioner Vant Hull raised one item she feels must be addressed prior to adopt- ing this resolution. She noted that maintaining a variety of retail stores on the main floors in the downtown business district is extremely important to maintain a viable down- town. She noted the owner of one rather large store downtown currently leased by a clothing store has stated his intention to convert that space to a restaurant as soon as the lease expires. She expressed concern about such potential changes in use, particularly if a tax abatement is sought and approved under this program. She then suggested that some criteria be established to address this potentially crippling effect on the downtown area prior to considering adoption of this resolution. Commissioner Martel stated he does not feel the City can limit the use of a building which qualifies for, and receives, a tax break under the provisions of this program. He stated he feels it is more important to keep the structure full than it is to try to maintain that facility as a retail outlet. The Commissioner further noted that the entire community must be considered, rather than one specific site, when contemplating the program. Commissioner Goehrung reminded the Commission that the purpose of this program is to provide an incentive to individuals to restore historic buildings. He further noted that under this program, the Historic Preservation Advisory Commission would review the application and make a recommendation; and the City Commission would then take action on each and every application. He then asked what criteria would be used when reviewing appl ications . Historic Preservation Officer Seibel stated the criteria established by the Secretary of Interior would be used. He then cautioned that it is not the intent of this program to identify what uses should be allowed in a downtown business district. Commissioner Hawks noted that the City's zone code contains a list of permitted J uses and conditional uses which are allowed in the 8-..2-', Central Business. district. He indicated that will determine what uses are allowed in those historic structures in the downtown area; and he does not feel the Commission can be more restrictive than those listings. The Commissioner then indicated that the adoption process for the new zone code 11-20-89 ;,";t "'if . " . ., - 9 - would be the appropriate time to address limiting of uses to maintain a viable downtown, rather than through this program. City Manager Wysocki noted that the next agenda item is adoption of an ordinance which would establish the mechanism for implementing this program. He suggested that if the Commission would prefer, action on this resolution could be tabled for a period of two weeks, when the Commission would consider final adoption of the ordinance. He noted that would allow staff time to research the con(:ern raised by Commissioner Vant Hull to deter- mine if it could be accommodated through establishment of additional criteria. Commissioner Martel asked if this resolution is coming before the Commission as the result of in impending event or as the result of Historic Preservation Advisory Commission activities and programs. Historic Preservation Officer Seibel stated that the HPAC has been working on this program since the enabling legislation was adopted several months ago. He stated the HPAC feels that this program could create an incentive and sensitivity about neighborhoods that does not currently exist. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission table action on Commission Resolution No. 2766 for a period of two weeks, to allow staff an opportunity to research the issues raised. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. , . City Manager Wysocki presented Ordinance No. 1296, as prepared by the City At- torney, entitled: ORDiNANCE NO. 1296 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REViSING ORDINANCE NOS. 1180 AND 1252 AS CODIFIED IN SECTIONS 2.80.050 AND 2.80.090 OF THE BOZEMAN MUNICIPAL CODE, PERTAINING TO MEMBERSHIP ON, AND POWERS AND DUTIES OF, THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION. The City Manager stated that adoption of this ordinance will change the membership requirements for the Historic Preservation Advisory Commission to require that one of the professional members be an architect holding Montana or NCARB registration. The ordi- nance further would charge the HPAC with the duty of reviewing and processing applica- tions for the tax abatement program which would be enacted by adoption of the Commission Resolution No. 2766, as discussed in the previous agenda item. The City Manager then recommended that the Commission provisionally adopt the ordinance at this time and that it 11-20-89 ,~ ., , . .- . . ... - 10 - be brought back in two weeks for final adoption. Commissioner Hawks expressed concern about the confusion which can be caused by having the name of an advisory board contain the word "commission". He then suggested that the ordinance be revised to change the name of this body to the "Historic Preserva- tion Advisory Board". Historic Preservation Officer Seibel stated support for the proposed change. The Commissioners also concurred in the proposed name change. Commissioner Martel expressed concern about the residency requirements, noting that the three professional members and the four at-large members can all reside outside the city limits. He stated he does not feel that it is a desirable possibility to have a ma- jority of the members reside outside city limits and suggested the residency requirements be changed. The Historic Preservation Officer stated that the County Commission has just cre- ated an eleven-member Historic Preservation Advisory Commission in the past month; and four of those members reside within the city limits. City Manager Wysocki suggested that the language in the ordinance could be changed to require that at least one professional member and at least two at-large members be residents of the city. He noted that the ordinance already requires that three members reside within designated historic districts, so this change in language would provide that a minimum of six members, or a majority, reside within the city limits. Following discussion, the Commissioners concurred in the ianguage change proposed by the City Manager. Commissioner Vant Hull noted that the current ordinance requires that the Main Street representative operate a business or own property in the downtown business dis- trict. She reminded the Commission that a few years ago, difficulty was incurred in filling this position since the one good applicant was an employee in a business, not an owner or manager. She then suggested the language be changed to allow employees to qualify for this position. Commissioner Martel expressed reservations about the proposed change, noting that it is much easier for employees to change positions than for business owners or property owners to sell. He then stated he feels the language should remain as it is. City Manager Wysocki suggested that a requirement could be included for employees of downtown businesses that a letter of endorsement from the owner of the business. along with assurance that cooperation would be given so the individual could attend meetings and other activities, must accompany the application. He noted this would also indicate the business owner's attitude about the employee. The Commissioners briefly discussed this proposed language change; and concurred 11-20-89 - 11 - that the change should be made. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that ":.~;' '-. the Commission provisionally adopt Ordinance No. 1296, as amended, revising the require- ments for membership on, and amending the powers and duties of, the Historic Preserva- tion Advisory Board, 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 q~~hrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Con sen t Items City Manager Wysocki presented to the Commission the following Consent Items. to It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull. that the Consent Items be approved as listed, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Adjournment - 3:24 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 11-20-89 "