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HomeMy WebLinkAbout1989-12-04 .~.. . '7' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 4, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 4,1989, at 1:00 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 Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - November 20 and November 27 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meetings of November 20, 1989 and November 27, 1989 be ap- proved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commission- er Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1294 - amending Sections 18.04.570,18.30.020,18.34.020 and 18.52.140, and addin Sections 18.04.395 and 18.04.451, Bozeman Municipal Code, to allow recreational vehicle sa es and travel trailer sales as conditional uses in B-2 and ermitted uses in -1 and M-2; providing e inltions t ere or City Manager Wysocki presented Ordinance No. 1294, as reviewed by City Attorney, entitled: ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 2 OF ORDINANCE NO. 1271, AS CODIFIED IN SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE ADDING IIREC- REATIONAL VEHICLE SALESII AND IITRAVEL TRAILER SALESII TO THE LIST OF CONDITIONAL USES IN THE IIB-211 DISTRICT, AND AMENDING SECTION 9 OF ORDINANCE NO. 1221 AS CODIFIED IN SECTION 18.30.020 AND 18.34.020 OF THE BOZEMAN MUNICIPAL CODE BY ADDING IIRECREATIONAL VEHICLE SALESII AND "TRAVEL TRAILER SALESII AS PERMITTED USES IN THE "M-l" AND "M-2" DISTRICTS AND ESTABLISHING THE DEFINITION OF IIRECREATIONAL VEHICLE" BY ADDING NEW SECTION 18.04.451 OF THE BOZEMAN MUNICIPAL CODE AND BY ESTABLISHING A NEW DEFINITION OF "MOTOR HOME" BY ADDING SECTION 18.04.395, AND AMENDING THE EX- ISTING DEFINITION OF EXISTING "TRAVEL TRAILER SALES" 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 had provisionally adopted this ordinance at their regular meeting of November 20 after revising it to allow recreational vehicle sales and travel trailer sales as a conditional use in the B-2 zone and after amend- ing the definitions of "recreational vehicle", IImotor homell and "travel trailerll. He then recommended that it be finally adopted at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that 12-04-89 "..""A '{ i i 1. - 2 - the Commission finally adopt Ordinance No. 1294, as amended. 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. 1295 - fixing the salaries 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 they had provisionally adopted this ordinance at their regular meeting of November 20 and recommended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1295, fixing the sa laries of the City Commis- sioners and Mayor. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being commissioner Martel. reha 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 reminded the Commission that action on this resolution was tabled at their regular meeting of November 20 and recommended that it be removed from the table. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that Commission Resolution No. 2766 be removed from the table. 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. 12-04-89 ~ 1 , 1 "\ - 3 - The City Manager then reminded the Commission that adoption of this resolution will implement the tax abatement program for historic residential and commercial properties un- dergoing rehabilitation, restoration, expansion or new construction meeting criteria set forth in the Montana Code Annotated. He noted that under this program, a tax abatement in the amount of 1 00 percent of the additional taxable value may be granted for qualifying projects during a construction period of up to one year as well as for the next five years. The City Manager noted that some questions and concerns were raised'during the discussion on this item held two weeks ago; and submitted a memo to the Commission with two proposed changes. He stated that the proposed changes would stipulate that the downtown uses must be those which would ensure a viable downtown; and reference is made to any future tax increment financing district which might be created in the future that would include any historic structures involved in this tax abatement program. Mr. Keith Swenson, Chairman of the Historic Preservation Advisory Commission, stated he did submit one of the proposed changes in response to Commissioner Vant Hull's concern; however, he suggested that the issue of maintaining a viable downtown is more appropriately addressed in the zone code. He stated that he does have a problem with preserving the historic use in a structure, noting that if one goes back many years, the use of some of the downtown building~ is one which would probably not be encouraged to- day. He also noted that the needs of people and types of successful businesses change over the years; and those changes should be allowed in the historic buildings in the down- town to keep it viable. City Attorney Becker reviewed the second proposal on the sheet distributed by the City Manager, noting that to have the City Commission make a decision on whether the proposed use is appropriate in the downtown area could lead to subjectivity, which should be avoided. He then concurred with Mr. Swenson that the zone code is the appropriate place to address the issue of a use within an historic structure. City Manager Wysocki stated the final paragraph on the list of proposed changes makes reference to any future tax increment financing district(s) and suggested that the plan for that district is the appropriate place to make reference to buildings taking advan- tage of this tax abatement program. Mr. Swenson stated concurrence with the City Manager's recommendation. He noted that the Commission must review the total community objectives when considering an appli- cation for this program for a structure located within a tax increment financing district. He indicated that a structure cannot 'participate in both programs simultaneously, rather a choice must be made. He then noted it may be possible that the community objectives for the T I F district might be stronger than those for this historic preservation tax abatement program. Mr. Swenson stated that if this resolution is silent on the issue, it can be dealt 12-04-89 " t "'I '\ - 4 - with later when a tax increment financing district is created. In response to a question from the City Manager, Mr. Swenson stated that in the new zone code, the B-3 zone contains language concerning high pedestrian uses on the first floor level. He noted that the specific uses are not set forth, but they must be of the type which receive a high level of pedestrian traffic. He stated that he feels that wi II help to ensure the viability of the downtown area. Commissioner Hawks noted that under this resolution, all taxes, assessment and SID obligations on the property must be current before a tax abatement will be considered. He then expressed concern about that requirement and stated an interest in changing that re- quirement. City Attorney Becker indicated this provision is similar to the one which has been establ ished for tax incentives for developing industries. Mr. Swenson noted the benefit derived from this program resides with the property rather than with the property owner. The City Manager reminded the Commission that redevelopment of historic structures under this program will be positive for the entire community. He stated that he feels the provision contained in the resolution is appropriate, and that all taxes, assessments and 51 D obligations should be current on a parcel before the application for tax abatement is approved. I n response to a question from Commissioner Martel, Mr. Swenson stated that the Historic Preservation Advisory Commission will review applications for the historic struc- ture tax abatement program, then forward its recommendation to the City Commission for a final decision. Commissioner Vant Hull asked if there would be any harm in referring to the use of historic structures in the downtown area. She noted it may be more appropriately ad- dressed in the zone code; however, she suggested reference should be made to the issue in all documents where it may be applicable. City Attorney Becker expressed concern about including such a provision, noting it is very subjective; and any actions could be viewed as arbitrary and capricious, leaving the City open to a lawsuit. Following discussion, the Commissioners concurred that it would be appropriate to adopt the resolution as submitted. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2766, as submitted, implementing the tax abatement program authorized by Section 15-24-1601, et seq., MCA. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those vot- 12-04-89 -- i t " '\ - 5 - ing No, none. Sections 2.80.050 and 2.80.090 of the Bozeman Mun iCi~ on, and owers and duties of, the Bozeman Historic reser- 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 reminded the Commission that they had provisionally adopted this ordinance, as revised, at their regular meeting of November 20. City Attorney Becker noted that the revisions made by the Commission prior to pro- visional adoption included changing "Historic Preservation Advisory Commission" to "Histor- ic Preservation Advisory Board". He then reminded the Commission that this ordinance revises only two parts of the section of the Bozeman Municipal Code pertaining to the His- toric Preservation Advisory Commission. He indicated that the entire section of the code must be changed, rather than just these two parts; therefore, the change has not been included in the revised ordinance. The City Attorney suggested that the Commission may either kill this ordinance at this time and direct staff to prepare a new ordinance incor- porating the entire section of the code to change the name, or finally adopt the ordinance with direction to the staff to bring back a new ordinance changing the name. City Manager Wysocki briefly highlighted the changes which were included in provi- sional adoption of the ordinance. He then recommended that it be finally adopted at this time, with a new ordinance to be brought back later to change the name to "Historic Pres- ervation Advisory Board". He noted that the changes in this ordinance will allow the HPAC to act on any applications for the tax abatement program approved by adoption of Commission Resolution No. 2766; and he feels it is important to implement that mechanism now rather than waiting for a new ordinance changing the name as well. Commissioner Hawks noted that a change discussed at the November 20 meeting which is not included in the revised ordinance was to allow an employee of a downtown business to serve as the Main Street representative, if the business owner provides a let- ter of reference. City Manager Wysocki suggested that the language could be revised to state "... rep- resentative shall operate a business or own property, or be a designee of the business op- erator or property owner, in the neighborhood... " The Commission concurred. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that 12-04-89 ._~....- 'I ,- f t '\ '\ - 6 - the Commission finally adopt Ordinance No. 1296, revising the requirements for membership on, and the powers and duties of, the Historic Preservation Advisory Commission; and di- rect staff to prepare an ordinance revising the name of the body to the "Historic Preser- vation Advisory Board" for action when possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. air sidewalks, curbs The City Manager presented Ordinance No. 1297, as approved by the City Attor- ney, entitled: ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING PROPERTY OWNERS TO MAINTAIN AND REPAIR SIDEWALKS, CURBS AND GUTTERS WHICH ARE ADJACENT TO, ABUT ON OR FRONT THEIR PROPERTY. City Manager Wysocki reminded the Commissioners that they had previously dis- cussed this issue and directed the City Attorney to prepare an ordinance. Commissioner Hawks noted he had previously spoken in opposition to adoption of this ordinance, reiterating that shifting of liability from the City to the adjacent property owner is ,.inappropriate. He noted that if the individual overlooks a defect in the sidewalk and someone is injured because of it, that home owner would be liable. He stated he feels that such a liability could be a disincentive for living in the city. He then stated that if this ordinance is adopted, he would hope that the new Commission would move to rescind the action shortly after their seating in January. Commissioner Vant Hull noted that when this issue was originally discussed, at least two of the Commissioners had indicated they did not feel that curbs and gutters should be included in the provisions of the ordinance, particularly because of the difficulty and ex- pense involved. She noted, however, that those items have been included in this ordi- nance as submitted; and she feels they should be deleted. The Commissioner then stated the ordinance also provides a three-day period to complete the repairs; and she feels that timeframe should be extended. Commissioner Vant Hull reminded the Commission that a few years ago, there was a strong movement to abolish property taxes, which did not pass; however, a freeze on property taxes was approved. She noted this has resulted in the City's being unable to increase the revenues generated through property taxes during a time of inflation and ris- ing expenses; and it is important to implement user fees whenever possible. She con- curred it would be nice if the City could take over the maintenance of the sidewalks; how- ever, that is not financially feasible. 1 2-04-89 .( ; t " " - 7 - Commissioner Martel stated he has expressed several concerns about this ordinance in the past. He expressed concern that a sidewalk repair may be initiated by citizen com- plaint, noting that could be used inappropriately by a disgruntled neighbor. He also in- dicated he feels some of the provisions of the ordinance are punitive. He then questioned how this ordinance would work with the sidewalk policy which was recently adopted, noting it is important that the policies for installation and repair of sidewalks work together. He then questioned adoption of the ordinance now, particularly if the new Commission is to rescind it within a short time. Commissioner Goehrung stated that he is in the process of obtaining bids on the homeowners' insurance for his residence; and he has found that those insurances would cover if someone were injured on the public sidewalk adjacent to his property. He noted that means there is an acknowledgement in the industry that the property owner does in- cur some liability in that type of situation. He then indicated that he is willing to discuss the proposal to delete the terms "curb and gutter" from the ordinance. Mayor Stiff stated he is also concerned about the inclusion of "curb and gutter" in this ordinance. He then indicated he has no problem with requiring that the property owner be responsible for the maintenance and repair of sidewalks. City Manager Wysocki indicated the terms "curb and gutter" may be deleted, apol- ogizing that staff missed that point during the previous discussion. He then asked if the Commission wishes to increase the three-day period. City Attorney Becker stated that the three-day time period was taken from the Butte and Great Falls ordinances. He then indicated that he had inserted "curb and gut- ter", which is included in statutory authority; however, he does recall the Commission's conversation and will eliminate that wording. Ms. Janice Whetstone, Kerwin and Barrett, stated she is representing a client who owns commercial property, and who has serious concerns about the proposed ordinance. She stated that she has not seen the written ordinance as submitted to the Commission; however, based on the comments she has heard, it appears the ordinance is intended to make the property owner responsible for maintenance of curbs, gutters and sidewalks. Ms. Whetstone stated her client, as well as a number of other business owners, are very concerned about the City's ability to control the behavior of people abutting public sidewalks. She then questioned the legality of shifting liability to the abutting property owner, and whether the City is responsible for indemnification to the property owners. Ms. Whetstone stated her client has researched the ability to obtain commercial property insurance which would cover the public sidewalk and has found it is not avail- able, or the cost would be extremely high if it could be found. She noted that some busi- nesses are barely making it right now; and the additional costs this would create could be 12-04-89 -- --- ------------------------ - ------- ~ '" - 8 - very detrimental. Ms. Whetstone stated she can understand the comment that the City cannot continue to pay for everything, suggesting that maintenance districts or a special improvement dis- trict may be the answer. She then suggested various options which the Commission might consider to address this issue, stating she does not feel the abutting property owner should be made responsible. Ms. Janice Whetstone stated that, after she has had an opportunity to review the ordinance, she will probably have additional comments to submit. Mayor Stiff noted the Commission has concurred that "curb and gutterll should be eliminated from the ordinance. He then suggested that the Commission not act on the or- dinance until after all the changes have been made. He further suggested that Ms. Whetstone discuss the issue with City Attorney Becker, possibly reviewing how it is ad- dressed in other communities in the State. City Manager Wysocki noted that removal of the provision that an individual may IItell" on his neighbor has been suggested, asking the Commission if they wish to eliminate th is item. He then asked if the City is to hire someone to check the sidewalks to ensure they are in good repair. The City Manager then noted that it may be beneficial to address the placement of signs on the sidewalk or in the public rights-of-way in this ordinance as well. He noted that signed waivers are to be provided to the City by those who place signs on the public sidewalks; and some of the downtown merchants have refused to do so. Commissioner Hawks stated he does not object to the property owner being respon- sible for paying for the repair of sidewalks; but he does object to the transfer of liability for a public right-of-way. Mayor Stiff stated he feels that repair and replacement of the sidewalk and the liability therefor are a package deal. Commissioner Vant Hull questioned why the insurance companies are willing to write insurance policies to cover the public sidewalks abutting an individual's property if they don't recognize some liability for commercial property, too. Mayor Stiff noted that the staff prepared this ordinance at Commission direction. He then asked what changes the Commission wishes to see. The Commissioners concurred that the terms "curb and gutter" should be deleted. They further concurred that the three-day period should be extended to ten days. They also concurred that a private cit- izen should have the opportunity to call in to report a sidewalk in disrepair. City Attorney Becker indicated he will make the requested changes in the ordi- nance; and it will be available for public review tomorrow. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that 12-04-89 _ 'n...."-". i ." - 9 - action on Ordinance No. 1297 be tabled for a period of one week to allow staff an oppor- tunity to revise the document as requested. 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. Presentation from EPA to City re sludge program City Manager Wysocki stated that Mr. Jim Brooks, Region VIII Office for the En- vironmental Protection Agency, has requested an opportunity for the agency to make a presentation to the Commission. Mr. John Wardell, Director of the Montana Office of the Environmental Protection Agency, presented to the City an award for its sludge disposal program, congratulating the Waste Water Treatment Plant personnel for their efforts in dealing with the sludge produced and the disposal thereof. He stated this is the first year that Region VIII has given these awards. He noted this is one of four awards given in the region; and it is the only one in Montana. Mr. Wardell then read the plaque to the Commission, giving it to them to puruse. He noted that the final presentation of the plaque is to be made this afternoon to the crew at the Waste Water Treatment Plant, who made this a possibility. City Manager Wysocki thanked Director of Public Service Forbes for his efforts to make this a reality. He further suggested that a congratulatory letter to the crew would be in order. Mr. Wardell then introduced those who came with him, including Mr. Jim Brooks from the Region VIII office in Denver; Mr. Bill Engle, EPA office in Helena; and Mr. Dick Pedersen and Mr. Scott Anderson from the Water Quality Bureau. The Commission thanked Mr. Wardell for his presentation. B rea k - 2: 1 0 to 2: 15 p. m. Mayor Stiff declared a break from 2:10 p.m. to 2:15 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Staff re of Bozeman for Lattice Planning Director Andy Epple stated that the process for submittal of applications for Community Development Block Grant economic development monies has changed consid- erably since the City last applied. He briefly highlighted the process, noting that it now includes the submittal of a pre-application, which shows how the project will benefit low- and moderate-income persons. He noted that a copy of that pre-application submitted on 12-04-89 " t r - 10 - behalf of Lattice Corporation was included in the Commissioners' packets for their review. The Planning Director stated he has received a telephone call from the Department of Commerce indicating that the pre-application has been approved and requesting that a full application be submitted. He then indicated that the Commission must conduct a public hearing on this application, at which time the contents of the application will be highlight- ed as well as how this project will benefit low- and moderate-income persons. He then re- quested that the Commission set the public hearing for December 18 at 7: 00 p. m. Planning Director Epple then introduced the individuals who have been instrumental in preparing this application: Mr. John Tengelsen, President of Lattice Corporation; and Mr. Randy Dugger, accountant working with Lattice Corporation on developing the finan- cial plan. I n response to a question from Commissioner Vant Hull, Mr. Tengelsen stated that approval of the pre-application is a step forward in the process. He noted that the full-blown application should be considered favorably. Planning Director Epple stated that possible funding through the Science and Tech- nology Alliance is included in the application, noting that negotiations on that portion of the project have not yet been final ized. He stated that negotiations for that possibie funding source will be conducted on Wednesday. He once again reminded the Commission that only preliminary approval has been granted; and that does not mean automatic ap- proval on the final application. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission set the public hearing on the application for CDBG economic development monies on behalf of Lattice Corporation for 7:00 p.m. on Monday, December 18, 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. The City Manager submitted to the Commission a memo from the Planning staff con- cerning this item. He reminded the Commission that the conditions attached to approval of the Highwood Estates Planned Unit Development and the associated subdivision included the following: A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service, Park Superintendent and Recreation Advisory Board, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval; 12-04-89 -- - ----- --- '" .. .. - 11 - Planning Director Epple stated the memo from his office, dated November 30, 1989, sets forth the issue. He stated that Mr. LeClair and the staff are attempting to finalize the process; and they have incurred a problem with the conditions as written. He noted that the Director of Public Service and the Park Superintendent have approved the 10-foot easement as set forth; however, the. Recreation Advisory Board has refused to endorse that condition. The Planning Director then cautioned the Commission that the State stat- utes stipulate that a condition for approval of a subdivision plat may not be revised to make it more restrictive than the original; therefore, the Commission may not now require a 12-foot easement, as proposed by the Recreation Advisory Board. Commissioner Hawks asked if it would be possible to clarify or amend the condition to provide for a recreation easement rather than a pedestrian easement, as it is now writ- ten. The Planning Director responded that would not be a problem. Commissioner Vant Hull stated she does not believe a 10-foot easement is adequate, particula rly in light of the Recreation Advisory Board1s recommendation. Commissioner Martel noted that the width cannot be increased at this time. He then stated he does not have any problem with changing the language from "pedestrian" to "recreation" easement; however he cautioned that the term "recreationll means different things to different people. Commissioner Goehrung noted that during discussion of this item, one of the items anticipated was that a 10-foot easement would also be required when the property immedi- ately to the north is developed. The Planning Director concurred. He noted that it was felt a 20-foot easement would be adequate; however, he noted the second 10-foot easement cannot be required un- ti I that property is developed. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission clarify the conditions for approval of the Highwood Estates Planned Unit Development and Subdivision to refer to a 10-foot-wide pedestrian and recreation easement, deleting any need for approval by staff or an advisory board. 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 - enforcement of conditions for Conditional Use Permit a roved for Lone Moun- tain ymnastics, Inc., for ames a rey, 810 North allace Avenue City Manager Wysocki submitted to the Commission a memo from the Planning staff concerning enforcement of the Conditional Use Permit for Lone Mountain Gymnastics, loca- 12-04-89 .~ 'i' .-, " - 12 - ted at 810 North Wallace Avenue, along with copies of letters dated October 6 and July 27. Commissioner Martel noted that enforcement of conditional use permits is an admin- istrative matter. The City Manager stated that staff has attempted to enforce the conditions, as evi- denced by the attached letters; and staff is now asking if it should move forward to the next step, which would be telling the business to close. Commissioner Martel noted that the Commission recently considered a similar item for Cindy Owings Designs and decided to extend the timeframe for compliance. He stated it is important to enforce the conditions set forth for approval of a conditional use permit; how- ever, he suggested a reasonable time extension to accommodate inclement weather might be appropriate. Commissioner Goehrung asked if paving of the parking lot is the primary condition to be addressed. City Manager Wysocki stated the letter of credit in lieu of completing the work has expired; and Lone Mountain Gymnastics has not renewed it. He then noted that the dead- line for installation of improvements on the subject property is January 18, 1990; and that date cannot be extended through renewal of the letter of credit. He then indicated that paving of the parking lot is the condition which yet remains to be addressed, The City Manager then concurred with Commissioner Martel that it is very important that the con- ditions be enforced. Commissioner Goehrung asked if the owner of the property or the lessee is respon- sible for submitting the letter of credit; the City Manager responded the property owner is. Commissioner Hawks stated he had asked the Planning staff this morning if there appear to be any outstanding circumstances or hardship conditions involved in this appli- cation; and he noted there do not appear to be any. He then stated he feels that en- forcement of the conditions is necessary; and supports it wholeheartedly. Commissioner Vant Hull concurred. Mayor Stiff asked if staff is to try to enforce the conditions and submit a report back to the Commission. Commissioner Hawks stated he feels the staff should be directed to enforce the con- ditions, suggesting that if it is possible to make the process easier on the applicant, it should be done. Commissioner Goehrung reminded the Commissioners that enforcement of the con- ditions as they exist and extension of time to allow paving of the parking lot at the begin- ning of the construction season are two different options. He then stated if the applicant is willing to submit a financial guarantee at this time, he could support extension of the 12-04-89 - ~ "< - 13 - time period to allow paving at the beginning of the construction season. Commissioner Hawks stated he could support that option; otherwise, he feels a cease and desist order is the only other alternative. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct staff to proceed with enforcement of the conditions for the Conditional Use Permit approved for Lone Mountain Gymnastics, Inc., for James Caffrey, taking into consideration the climatic conditions. The motion carried by the fol- lowing Aye and No vote: those voting Aye being COfTlmissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment of sixth member to CDBG Loan Review Committee City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan listing the names of those who applied for this committee, along with a copy of the minutes from the CDBG Loan Review Committee meeting of November 2, 1989, at which time this item was discussed. Mayor Stiff noted that neither applicant is from a group which represents low- and moderate-income persons. Commissioner Vant Hull stated she does not believe a low- or moderate-income per- son would incur any more conflicts than anyone else serving on the committee. Commissioner Martel stated the applications do not disclose any financial information about the applicant; therefore, the Commission does not know if that individual would qualify for low- or moderate-income status. He noted that one applicant did provide the gross salary figure; however, there may be some outside income involved which would change that status. Mayor Stiff stated he did not review the appl ications received, assuming that some- one from a group representing low- and moderate-income people would be filling the posi- tion. He then stated he would like a week to review the applications, if one of the two applicants is to be appointed to fill this position. Commissioner Hawks stated the committee did recommend that someone from a group representing low- and moderate-income persons be appointed; however, the Commis- sion does not need to follow that recommendation. City Attorney Becker stated the Commission has not specified the guidelines to be followed in determining low- or moderate-Income status. Commissioner Goehrung noted that a group that works with low- and moderate- income persons, such as HRDC, could possibly be utilized in reviewing the applications and submitting a recommendation. 12-04-89 ''; ., - 14 - ~ Commissioner Vant Hull stated she received a letter from the Bozeman Housing Co- alition indicating they would be willing to assist in this area. She also stated that Jeff Rupp, Executive Director of HRDC, verbally expressed his willingness to l1elp as well. The Commissioner then stated she feels the Commission can adequately make the appoint- ment without asking for "help" from either of these groups. Mayor Stiff stated he has no problem with the Commission making the appointment after the Clerk has determined, through inquiry, whether the applicants qualify as low- or moderate-income persons. Mayor Stiff then requested this item be placed on next week's agenda for further consideration. Update re planning process - Planning Director Epple and Roger Craft The City Manager stated that Planning Director Epple and Mr. Roger Craft, ad hoc implementation committee, are present to discuss this item. Mr. Roger Craft stated the public hearing on the master plan was held before the City-County Planning Board on November 29. He stated that the public portion has been held open until 5:00 p.m. on Thursday, December 7, so written comments may be accept- ed. He stated that at 7: 00 p.m. on Friday, December 8, the City-County Planning Board will conduct a special meeting at the Library, at which time they will review and consider the public comments received and prepare their recommendation on adoption of the master plan. He noted those recommendations will thet.. be forwarded to the governing bodies. Mr. Craft reminded the City Commission that they will be conducting their public hearing on the updated master plan at 7 :00 p.m. on Monday, December 11, noting that hear- ing can be continued to a later date. In response to a question from Mayor Stiff, Mr. Craft stated that no alternate site has been sought for the meeting. Planning Director Epple stated the public hearing has been advertised in the Com- mission Room at City Hall. Mr. Craft asked if it would be possible to publish another advertisement prior to the public hearing to change the location. City Attorney Becker stated the time has passed for timely publication for the pub- lic hearing. He then stated that the public hearing could be opened in the Commission Room at City Hall and then recessed to another location. Planning Director Epple stated that the next draft of the sign code was received from BRW this morning; and copies are currently being printed for distribution to the public. He then submitted copies of that document to the City Commissioners. Mr. Roger Craft stated that at 7: 00 p. m. tomorrow night, the City-County Planning 12-04-89 ~ ---~ .d,';,:ili;:~, ,.>'. -; .. - 15 - Board will conduct an informational meeting on the proposed sign ordinance in the Commis- sion Room. He stated the purpose of the meeting is to explain the document to those pres- ent and to respond to any questions. He stated the public hearing before the City-County Planning Board on the zone code was originally scheduled for December 21. He noted con- cern was raised at the November 29 meeting about having the hearing on the zone code so close to Christmas; so the meeting is to be held but will be an informational meeting on the zone code, rather than a publ ic hearing. He noted the public hearing has been re- scheduled for January 8 before the City-County Planning Board. Mr. Craft stated the pub- lic hearing before the City Commission would be held two weeks later, on January 22, sug- gesting that the hearing be scheduled for the County Courthouse. Mr. Craft then stated that final comments on the remainder of the zone code will be sent to BRW this afternoon; and that document is scheduled to be back on December 11. Mr. Roger Craft indicated an ad hoc implementation committee meeting has been scheduled for Wednesday morning. Planning Director Epple stated that he called the County; and the Community Room is available for next Monday night's public hearing. Commissioner Vant Hull asked if it is Important to have the master plan adopted be- fore the other documents are considered. Mr. Craft stated it has been the intent of the ad hoc implementation committee to try to run all of the documents concurrently. He noted that actual action on the master plan must be taken prior to action on the zone code; however, the documents are so inter- connected that they should be considered simultaneously. He then suggested that the tim- ing of the adoptions of the two documents should possibly be addressed by the legal staffs for both the City and the County. Continued discussion - rocess for resolvin yea rs 01 The City Manager submitted to the Commission a memo from Administrative Services Director Camradt, dated November 30. Administrative Services Director Camradt stated at last week's meeting the Commis- sion delayed action, requesting more information. He noted that one of the questions raised was how much it would cost the City to decelerate the existing accelerated special assessments. He noted that it would result in a decrease of approximately $50,000 in mon- ies due; and approximately $7,200 in refunds for past-due accounts brought current be.;.. tween AprilS and today's date would probably be in order. He stated these amounts are the difference between delinquent assessments and accelerated assessments during the pe- riod of the delinquencies. 12-04-89 .... .. - 16 - Director Camradt stated the disposition of funds was also raised at last week's meeting. He noted that the monies would be distributed to the respective SID funds; and after all bonds have been retired, any residual balance would be closed into the SID Re- volving Fund and would ultimately be used to call Valley Unit bonds. He noted this, in essence, will help to reduce the amount of property taxes required to honor those bonds. Mayor Stiff expressed concern about refunding monies which have been paid for de- linquent assessments. He then suggested the possible option of setting a six-month period during which delinquent assessments brought current would be decelerated. The Administrative Services Director concurred that is an option. Commissioner Martel asked if it would be better to refund the $7,200 and then en- courage those who have accelerated delinquencies to bring those accounts current. He suggested that to have the delinquencies brought current could place the City in a better position. City Manager Wysocki reminded the Commission that those who allowed their assess- ments to go delinquent did so knowing that they would fall under accelerated status. Mayor Stiff once again indicated opposition to making any action retroactive to April 5. He also questioned how many of those with delinquencies would bring their accounts current if the Commission were to decelerate the delinquencies for a specific period of time. Commissioner Hawks stated his basic concern is fairness to those individuals who brought their delinquencies current prior to April 5, as well as the City and its taxpay- ers, who carried the costs through high interest times. He then stated he is opposed to any deceleration of the del inquent assessments. City Manager Wysocki noted that not providing the option to decelerate will result in the delinquencies remaining on the books. which will maintain the burden to the tax- payers of the community. Commissioner Vant Hull stated that those individuals who have contacted her on this issue have indicated they do not want to see any change made in the penalties and interest charged to delinquent assessments. She noted that everyone knew the rules of the ball- game at the time of the delinquencies; and she does not feel the rules should be changed now. City Manager Wysocki noted there are twenty-five parcels, excluding Valley Unit and the Bozeman Hotel, upon which there are delinquent assessments over three years old. Mayor Stiff stated he would like to discuss this matter with the City Attorney prior to making a decision and requested this item be placed on the agenda for further dis- cussion at next week's meeting. , 12-04-89 ., .. - 17 - Discussion with County Commission re solid waste management The City Manager reminded the Commission that the Gallatin County Commissioners had requested an opportunity to meet with the City Commissioners to discuss several items. He noted the discussions have been scheduled for this time. County Commission Chairman Ray White stated the County Commission is interested in the possibility of seeking proposals for a study on solid waste disposal. He suggested it may be advantageous for the City and County to jointly seek proposals, since both bodies will soon be facing the issue. Chairman White stated the County Commission sug- gests that the Commissions authorize the City's Director of Public Service and the County Sanitarian to prepare a "request for proposals" from engineering firms to determine how much a study of this nature would cost. He noted that if the results are affordable, the County and the City could budget monies during the upcoming fiscal year to conduct the study. County Commissioner Jane Jelinski noted that Black and Veatch completed a waste management plan in 1983. She noted that plan pursued the feasibility of incineration; and it was determined that, given the volume of garbage and distances involved, it would not be feasible. She stated the report does contain a substantial amount of baseline data, which she feels could be used in a new study. She indicated that the new study could include issues such as a county-wide recycling program, current landfill capacities and compliance with new federal regulations. She noted that creation of a single refuse dis- trict for the entire County could also be explored. The Commissioner noted that the issue of solid waste management is important to both the City and the County; and she feels it should be addressed. Commissioner Hawks asked how this proposal from the County will affect the City's intent to pursue a recycling program. City Manager Wysocki indicated that the City can implement its pilot recycling pro- gram as planned. He noted that such a program could extend the life of the existing landfill . Commissioner Vant Hull noted another item to be addressed in conjunction with the pilot recycling program was the fee structure for garbage collection, asking how that would be affected by this study. Commissioner Goehrung noted the City has installed a scale at the landfill, which helps to document the amount of garbage being dumped in the landfill. He then ques- tioned how this proposed study might impact the City's activities; however, he noted it may be more appropriate to undertake the issues on a county-wide basis. The City Manager stated he does not feel that the study proposed by the County Commission will affect the City's program. He noted that the fee structure can still be 12-04-89 ~--- ~ ---..--- _ -.---- '> .. - 18 - revised prior :to the next billing for garbage collection if the Commission so desires, in ad- dition to implementation of a pilot recycling program. Commissioner Goehrung noted that, statistically, it takes ten to twelve years to im- plement a recycling program. He stated the City is currently working on an information package for a recyling program; and it may be an opportunity for the County to piggy- back on the project. Commissioner Martel noted that in all literature available on recycling programs, big city examples are used. He stated it is difficult to determine how successful such a pro,.. gram will be in a community the size of Bozeman. City Manager Wysocki noted a key item is possible consolidation of solid waste dis- posal, if that is determined desirable through the study. He then asked how much the study is anticipated to cost. County Commissioner Jel inski stated they estimate the study will cost about $40,000. Chairman Ray White noted there are currently two refuse districts in Gallatin Coun- ty. He stated that they may be interested in this proposed study as well as the govern- , ing bodies. County Commission",r Dave Pruitt stated the refuse district at West Yellowstone has indicated it will be receptive to this proposed study. He then noted that the results of this study will be important to those portions of Yellowstone Park north of Old Faithful, since that garbage is transported to West Yellowstone. The City Manager reminded the Commission that this study would be for a long-term solution, not a proposal to be implemented immediately. County Commissioner Jelinski asked the City Commissioners if they are interested in directing the Director of Public Service and the County Sanitarian to prepare a "request for proposals" for a solid waste management plan for the county. Mayor Stiff asked what percentage of the fees involved would be paid by each agency involved. Chairman White indicated that will be determined later. He stated it must be de- termined whether the costs are acceptable before the spl it is made. He noted that, hope- fully, the figure will be known so it can be included in the budgeting process for next fiscal year. I n response to County Commissioner Jelinski's question, the City Commissioners concurred the Director of Public Service should work with the County Sanitarian to pre- pare a "request for proposals" for an engineering study on solid waste management for the City and County. 12-04-89 . . . .. - 19 - Discussion with County Commission re funding for transportation plan update City Manager Wysocki stated that at the last Policy Coordinating Committee and Technical Advisory Committee meeting, an employee of the Department of Highways indica- ted the State has monies available for a transportation plan update. He noted that the State has $30,000 to award for a plan update, provided the project is started before the end of this fiscal year. He indicated the State estimates the cost of the update at $75,000 to $80,000. The City Manager then stated he feels that updating of the transportation plan is an important element of the master plan update process. Commissioner Hawks noted it would have been desirable to have the transportation plan updated before finalizing of the master plan. He then indicated the City Commission is not always aware of what is taking place in the PCC and T AC meetings or what the County is doing; and he feels that is important. County Commissioner Jelinski noted that at the next meeting, the Policy Coordinat- ing Committee and Technical Advisory Committee will be considering by-laws which will combine the two bodies. She then noted that there are City Commission, County Commis- sion, and City-County Planning Board representatives on that committee; and those repre- sentatives are responsible for taking the information back to the various bodies. She sug- gested that the structure is in place; however, communication should be improved. In response to a question from Commission Hawks, County Commissioner Jelinski in- dicated the first hearings on the proposed interchange at North 19th Avenue were held be- fore the Technical Advisory Committee and Policy Coordinating Committee. Commissioner Goehrung asked if the transportation plan is to be for the entire county. County Commissioner Jelinski responded it is for the City-County planning jurisdic- tion and City only. She then indicated that the County Commission is divided on this subject. She asked if the City Commission wishes to undertake updating of the transpor- tation plan singly or jointly with the County. Commissioner Martel stated he feels a joint transportation plan update would be ben- eficial, noting the roads do not stop at the city limits. County Commission Chairman Ray White stated he does not feel the County would benefit from a transportation plan update like the City would. He stated he feels the County has an adequate transportation system, noting that the County could better spend its money maintaining and upgrading. its existtng roads. Commissioner Vant Hull stated she feels the study should be a County concern, particularly if loop roads are proposed that would help traffic avoid congested city areas. Chairman White noted that in the 1960's, a looped road system was proposed from Bear Canyon to Gallatin Gateway; however, that was dropped in the 1970's. He then 12-04-89 .~ .. .' " - 20 - questioned why the County should study something which is impossible. Commissioner Vant Hull noted that a 2-cent-a-gallon gas tax would provide monies to construct some much-needed roads in the county. Chairman White responded the distribution of the tax would be a nightmare. He further noted that no other County in the State has attempted to implement that optional tax. Commissioner Hawks stated he feels transportation will become a major concern in growth areas in and around the city. He noted that planning for right-of-way acquisitions and future roadways could avert significant transportation problems in the future. County Commissioner Jelinski suggested that further discussion on this item be de- layed until after next week's PCC andT AC meeting. Discussion with County Commission re final adoption of Master Plan and Zone Code City Manager Wysocki stated that during the update on the planning process, which was an earlier agenda item, it was suggested this item be discussed briefly with the County Commissioners. Commissioner Goehrung raised the issue of whether a joint hearing should be held on the master plan, and how any differences will be resolved prior to final adoption. County Commissioner Jane Jelinski stated the County Commission will not speed through the process, noting she feels pushed right now. She indicated she is not prepared to establish a timeline now; however, she noted the County Commission will not stall the process. Commissioner Hawks noted that the new master plan must be adopted before the City Commission can proceed with adoption of its new zone code; and he feels it is impor- tant to adopt that code as soon as reasonable. He then noted the County Commission is scheduled to conduct its public hearing on the master plan on January 9. 1990, and asked if it would be possible for them to make a decision by the end of January. He then stated an interest in the City adopting its zone code not later than February, after which it will be thirty days before the new code becomes effective. ' Chairman Ray White stated that the City Commission and County Commission must each make their decisions after conducting their own public hearings. He then stated he does not believe a joint meeting would be appropriate. He further indicated that he does not feel the County Commission can make its decision by the end of January because they have other meetings and issues, such as county-wide planning, involved. County Commissioner Jelinski stated she feels that after the public hearings have been completed. the City and the County must each determine what changes they feel are necessa ry . She noted that the two bodies must then decide to agree, or agree to dis- 12-04-89 ... " .- .' - 21 - agree, on the document and any changes. The County Commissioner then stated she feels they could be ready to make a decision by the end of January because the county-wide planning issue will take a long time to resolve. Commissioner Hawks noted that adjustment of the boundary lines after implementa- tion of county-wide planning has been recognized during this process. Chairman Ray White noted that the resolution adopted by the County Commission at the beginning of the update process indicated that adjustment of the jurisdictional bound- aries was to be a part of the process; however, the consultants have ignored that portion of the resolution. County Commissioner Pruitt stated there must be flexibility in the master plan for revision of the jurisdictional boundaries. He indicated that, as long as that is accom- modated, he feels the County Commission could make a decision by the end of January. Discussion with County Commission rehandling of future civil cases Chairman Ray White stated recent legislation could impact the City Court workload; and the workload at the Justice of the Peace Court has increased to the point where some alternative must be considered. He noted that the part-time Justice of the Peace position in West Yellowstone might also be impacted by any action taken to address the work over- load in the lower courts in Bozeman. The Chairman then suggested the City may be inter- ested in working with the County to establish a second full-time Justice of the Peace Court, which could then serve half-time as a City Judge and half-time as a Justice of the Peace. He noted that If a second JP position is created, remodeling will be required to provide office and court room facilities at the Law and Justice Center. Justice of the Peace Butch Goan briefly reviewed the statutory provisions for lower cou rts . He noted that a recent legislative session gave City Courts concurrent jurisdiction with Justice of the Peace Courts, which means that civil cases where $3,500 or less is in dispute may be filed in either court. He indicated that this legislation could dramatically increase the City Court workload, since residents now have the option to file in either lower court. In response to a question from the City Manager, County Attorney Mike Salvagni stated the City Court cannot keep a resident from filing a civil case in that court under 1987 legislation; and the Justice of the Peace Court cannot act for the City except in cer- tain cases. He noted there Is a law which requires a County to have a Justice of the Peace Court; and there must be a City Court in each City. The County may create addi- tional Justice of the Peace Courts; and Gallatin County has created a part-time JP Court in West Yellowstone. He noted that in cities with a population in excess of 5.000, the City Commission may request the County Commission to create an additional Justice of the Peace 12-04-89 -- .. .. .' ., - 22 - Court; then the City Commission may designate that Justice Court as its City Court. He stated that the Justice of the Peace would act in that capacity as well as the City Judge. County Attorney Salvagni stated that the City may not enter into an interlocal agreement with the County to have the Justice of the Peace act on all civil cases which could be filed in either lower court. He noted that the JP Court does not have jurisdiction over City cases unless the creation process for a separate JP Court is followed and the designation of City Court made. County Commissioner Jelinski stated that JP Goan's Court is overloaded to the point that cases are barely being set within the six-month statutory period; therefore, the County is looking at alternatives for expansion of hours. She noted the County currently has a one-third JP position in West Yellowstone; and that court handles a considerably smaller workload. She then suggested that to create another JP Court and have that indi- vidual serve as both the Justice of the Peace and City Judge could be cost effective for both governing bodies. County Attorney Salvagni noted that the ability to file civil cases in City Court is not a widely publicized possibility in this community because the Justice of the Peace has accepted all civil case filings to date. The County Attorney then stated that items to be taken into consideration when considering creation of a new Justice of the Peace Court and designating it as the City Court include Judge Frost's four-year elected term, which expires in two years. He noted other issues are the City's ordinance, which requires that the City ~udge be an attorney and increases the residency requirements. The County Attorney then noted that a deci- sion must be made on the JP Court in West Yellowstone prior to the filing period; there- fore, the decision must be made next month. He stated that action on this possibility can- not be completed by that time, so the two actions cannot be combined. In response to a question from County Commissioner Pruitt, the County Attorney indicated that if a second JP Court is created and designated to serve as the City Court, the person serving as Justice of the Peace and City Judge would be elected in a coun- ty-wide election. City Manager Wysocki noted that to designate the Justice of the Peace to act as City Judge, the City would have to relinquish its requirements for that position. Justice of the Peace Goan stated that until the last legislative session, the City Judge was required to reside within the city limits; however, that statutory requirement has been deleted. JP Goan stated that to accommodate a second Justice of the Peace, substantial re- modeling of facilities at the Law and Justice Center would be necessary. He noted that another court room would be needed, as well as office space for the second JP. 12-04-89 .. ... j,:' ... - 23 - City Manager Wysocki asked JP Goan when he uses the existing court room, sug- gesting that the hours for use of the court room could possibly be lengthened, with those hours being split between the two justices. Justice of the Peace Goan responded that his court hours begin at 8:30 a.m. and end around 5 :00 p.m. every day, noting that the County Commission sets the hours of his court operation. He then noted that, even though he may not be in the court room con- tinuously during those hours, he must have it available for use when needed; therefore, it would be difficult or impossible to try to schedule another JP in during those same hours. He also noted the court room must be available for his use after 5 :00 p.m. on those days when jury trials are held. He concluded a second court room will be needed, since shar- ing of the existing court room, even with extended hours of use, would create complex scheduling problems. In response to the City Manager's suggestion that days could be scheduled rather than hours, the Justice of the Peace noted that he has incurred a substantial backlog while working five days per week; and a three-day week would only compound the prob- lem. In response to a question from County Commissioner Pruitt, JP Goan indicated he does not know how much his workload would be lightened if civil cases were considered in the City Court as well as the Justice of the Peace Court. He noted that if a case is filed in the JP Court, he must consider it since it must be heard in the court where filed. He then noted that his court is in the middle of a trial "project settle II period, with many of the cases settling before reaching the court date. He noted that after the trial period, he will know more about the success of that process and whether it is worth continuing. County Attorney Salvagni noted that only residents of the city may file civil cases in the City Court; all county residents must file in the Justice of the Peace Court. County Commissioner Jelinski noted that the Justice of the Peace in West Yellow- stone is one-third time, while the JP here is full-time. She then noted that the total in- come for the West Yellowstone JP Court was $6,500 last year, while the total income for the Bozeman J P Court was $154,000. City Manager Wysocki reminded the Commission that the City does not conduct the City Court functions based on the revenues it will generate; however, those revenues are considered when balancing the budget each year. He cautioned that if this change is made; the City must identify a source for replacing those revenues. City Judge AI Frost stated that in City Court, jury trials begin at 8:00 a.m. and usually end in the afternoon. The City Manager then reminded the Commission that the Commission Room/Court Room is used for other meetings as well. He noted that to expand the hours of the City 12-04-89 . ~ . 11' - 24 - Court would require finding additional space for those meetings which would be displaced. He further indicated that it may become necessary to increase the clerical staff if the addi- tional workload becomes too great. Justice of the Peace Goan stated that the Legislature has consistently increased the jurisdiction of the limited jurisdiction courts. He noted that it appears at the present time that there will be a bill in the upcoming Legislature to increase the civil jurisdiction to $5,000. He then stated the County Commissioners and City Commissioners must realize that as the responsibilities and case loads of the lower courts increase, provisions must be made to accommodate those changes. Commissioner Vant Hull questioned the need for the option to file a civil case in City Court or the Justice of the Peace Court. Chairman White responded that in Bozeman, it is no problem for an individual to file a civil case in Justice of the Peace Court; however, in other communities such as Belgrade and Manhattan, it is much more convenient for a resident to file the case in that City Court rather than traveling to Bozeman to file it in JP Court. Chairman Ray White then reminded the City Commissioners that no action can be taken on this proposal until 1991, when the City Judge's term is completed. He then not- ed that the Justice of the Peace is elected in the Fall of 1990. He indicated any action considered must be addressed in the next fiscal year. Mr. Larry Jent submitted to the County Commissioners and City Commissioners a written statement. Chairman White responded that the Justice of the Peace position in West Yellowstone is not a topic of conversation at this meeting; therefore, any comments concerning that is- sue are inappropriate. He stated that issue will be addressed separately in the Summer. Mr. Larry Jent then noted that he served as the first designated Public Defender in City Court. He stated that the Commissioners must recognize that with increased juris- diction, the workload will also increase. He noted there are several individuals capable of serving as a part-time City Judge or Justice of the Peace, suggesting that may be an op- tion for addressing the problem between now and the next election. Mr. Rob Brown, Public Defender for City Court, noted that criminal cases must be acted upon within six months; therefore, the civil cases filed may incur lengthy delays. He stated that in the three years he has served as Public Defender, he has seen the cases become more complicated as well as the number of cases increasing. He noted that this increase in criminal cases. which is occurring at the JP Court as well, is creating the scheduling problem for civil issues. He stated that the problem incurred in being unable to schedule civil cases promptlY is that one of the parties often changes residency during the waiting period; and the case can no longer be adjudicated. 12-04-89 ~ .. - 25 - Mr. Brown then noted that the reason the Ci ty Court has not been deluged with civil cases is because it has been a well-kept secret that such cases could be filed before that court. He noted that with JP Goan's workload increasing as it is, he will need to tell people about their options; and that will dramatically increase the City Court workload. He then suggested that with the workloads as they are, either a second full-time Justice of the Peace or a full-time City Judge will be required in the near future. He noted that from a facilities standpoint, it would be less expensive to create a second Justice of the Peace Court, particularly in light of the City's additional requirements for a City Judge. Commissioner Vant Hull noted that to increase the workload in City Court, where the City Judge is part-time, through adding civil cases in addition to the expanding crimi- nal case load could soon cause cases to be set as far out as they are in JP Court. City Judge AI Frost stated that he had estimated that the position would be one- quarter time when he started; however, in reality it is one-third time or more with crimi- nal cases alone. He noted that he has heard one civil case, in which the City of Bozeman was the defendant; and that case took one and one-half days to try and one-half day to render an opinion. The Judge then noted that an increase in the amount of time spent in City Court detracts from the time he has to devote to his private practice, since they both occur during the same business hours. In response to a question from Commissioner Vant Hull, the City Judge noted there is a nominal filing fee for civil cases; and there are no fines or fees involved in such cases except the amount due from one private party to the other private party. Mr. Rob Brown noted that in JP Court, at the present time JP Goan schedules three jury trials each day. He noted that most of them are usually cancelled; however, there are times when two are a "go" on the same day. He also noted there are times when an individual must sign a waiver to a speedy trial because the six-month limitation is about to expire and there is no way to reschedule it within the time limit. County Attorney Mike Salvagni stated that to create a second Justice of the Peace Court will have an impact on his office. He noted that one of his deputies presently pros- ecutes in the JP Court. He then cautioned that the entire system must be carefully re- viewed; and any action must be taken cautiously. He then suggested that the City and County take a look at the entire situation, possibly through a committee. He noted that representatives of the two courts and two attorneys' offices could compose a good committee that could review the ramifications involved in the various options, since they recognize the various areas that would be impacted. JP Butch Goan reminded the Commissioners that the City retains 100 percent of the revenues collected by the City Court, while the County retains 50 percent of the revenues collected by the Justice of the Peace and submits 50 percent to the State. 12-04-89 . . ,~ . ... - 26 - County Attorney Mike Salvagni, Justice of the Peace Butch Goan, City Judge AI Frost, and City Attorney Bruce Becker all indicated a willingness to serve on such a com- mittee. The County Commission and City Commission concurred in the appointment of the four to serve on a committee to study this issue, with an initial report to be submitted by March 1, 1990. Recess - 5:00 p.m. Mayor Stiff declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled public hearings and complete the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and complete the routine business items. This was the time and place for the public hearing on the Conditional Use Permit requested by Otis Dollar for First Security Bank to allow for the operation of a horse feed and tack business including horse, snowmobile and utility trailers, to be located in the building on Tract E, located in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly located at 707 Bridger Drive. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the staff report. He noted that under this pro- posal, the applicant proposes to use one of the buildings for a horse feed and tack busi- ness, including the display and sale of horse trailers, snowmobile trailers and utility trail- ers. He stated the subject site Is located in an M-l-T-4, Commercial--Light Manufacturing with a Transitional Overlay, district; therefore, the conditional use process must be fol- lowed. Planner Skelton stated the staff reviewed the application based on the six criteria set forth for such review and found it to be in general compliance. He noted one concern raised by staff was the access point to Bridger Drive. He indicated that curbing is to be installed to provide one defined access to the property. He then indicated that the Coun- ty Sanitarian has reviewed the application and found that the drainfield and sub-surface system are adequate and appropriate for the proposed use. He also stated that the Fire Marshal has requested that a therma,l barrier be provided over the insulation; and the ap- plicant is in the process of doing so. Planner Skelton stated the application was also reviewed based on the three criteria 12-04-89 . ... ,.. Ii ~ - 27 - established for this transitional district. He noted that buffering is to be provided to the north for the AS-zoned land and to the south for the RS-l property. The Planner stated that the Zoning Commission considered this application as a con- sent item at their meeting and unanimously recommended approval, subject to eight con- ditions as recommended by staff. Mr. Leland Chase, First Security Bank, indicated acceptance of the conditions as recommended by staff, noting they have been working to meet those requirements. He then requested Commission approval, noting that Mr. Dollar would like to begin operation of his business as soon as possible. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the customary one-week waiting period be waived. 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 the Commission approve the Conditional Use Permit requested by Otis Dollar to allow for the operation of a horse feed and tack business including horse, snowmobile and utility trailers, to be located in the building on Tract E, located in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: 1. That the applicant provide documentation of an approach permit from the Montana Department of Highways for a 30-foot wide approach off of Bridger Drive prior to Final Site Plan approval; 2. That the applicant receive written approval from the City Fire Marshal confirming compliance with the Uniform Building Code prior to Final Site Plan approval; 3. That prior to any use of, or issuance of any permits for the second structure located on the subject property ,an application for a Condi- tional Use Permit will be submitted to the Planning Office for process- ing through the public hearing process; 4. That all lighting mounted on the exterior of the building be adjusted such that they will no longer reflect onto Bridger Drive, and that the readjustment of all lights be approved by the Planning Director prior to Final Site Plan approval; 5. That three copies of the Final Site Plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 6. If improvements are not installed prior to Final Site Plan approval, the applicant shall enter into an improvements agreement with the City. Detai led cost estimates, construction plans, and methods of se- curity shall be made a part of that agreement; 12-04-89 . " ~ ..... .-. "" - 28 - 7. If occupancy of the structure or commencement of the use is to occur prior to the installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 8. All on-site improvements shall be completed within eighteen months of Final Site Plan approval of the Conditional Use Permit. The Condi- tional Use Permit shall be valid for a period of eighteen months fol- lowing approval of the Final Site Plan. Prior to the permanent re- o newal of the permit at the end of that period, the applicant must sat- isfy all the conditions in the granting of the permit. An on-site in- spection will be made and a r~port made to the City Commission for their action. If al I required conditions have been satisfied, the per- mit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - memo re items deleted from master plan City Manager Wysocki reminded the Commission that Commissioner Vant Hull had submitted this memo as an "FYI item" at last week's meeting and requested that it be dis- cussed at this meeting. Commissioner Vant Hull briefly highlighted the two changes she has proposed be included in the master plan, noting that both would provide for additional citizen input. She noted that this issue was a major item at the public input meeting two years ago; and she feels it has not been adequately addressed in the draft master plan document. The Commissioner reminded the Commission that these suggested changes were submitted previ- ously; however, they have not been incorporated into the latest draft. City Manager Wysocki asked if these proposed changes were overlooked or purposely omitted. Commissioner Hawks responded that he had overlooked the proposed changes, par- ticularly since they were made early in the process. He then stated a willingness to carry these two proposed changes to the ad hoc implementation committee meeting on Wednesday for consideration. Following discussion, the Commission concurred that public input is important, through whatever mechanism is determined appropriate, and further concurred it would be appropriate to submit these proposed changes to the ad hoc implementation committee for their consideration at Wednesday's meeting. The Commission then briefly discussed the organization of the Pol icy Coordinating Committee, the Technical Advisory Committee and the Pedestrian/Traffic Safety Committee as well as the lack of communication which occurs. It was noted that the Policy Coordinat- ing Committee and Technical Advisory Committee will meet on December 14; and one of the items for consideration is a revision of the by-laws to combine the PCC and T AC into one 12-04-89 - j .. . ." .' it - 29 - policy-making body. It was further noted that under the current composition of the Tech- n ical Advisory Committee, one member is a representative from the PTSC; however, that body has not been active in the past few years. Commissioner Vant Hull then distributed to the Commission a second memo containing four questions which she feels should be considered, reading each question and seeking Commission input. The questions included the issues of whether the master plan should be updated every five years; possible rearrangement of the paragraphs pertaining to entry- way corridors and the third interchange; a typographical error which designates the B-2 zone as the Central Business District; and inclusion of a 2-cent-a-gallon gas tax to the list of avai lable options for funding. Commissioner Martel noted that the legislature could change the amount of gas tax which could be levied through a vote of the County residents, suggesting the language of the last suggestion should be changed to state "additional tax as authorized by voters". A majority of the Commission concurred. Commissioner Hawks indicated he will submit these questions to the ad hoc imple- mentation committee for discussion on Wednesday, along with the questions from the other memo. The Commission concurred. at seminar "Communit Amenities and Eco- nomic City Manager Wysocki reminded the Commission that Commissioner Hawks had sub- mitted information on this seminar at last week's meeting and requested it be placed on the agenda for discussion at this time. Commissioner Hawks stated that after last week's meeting, he called the Lincoln In- stitute of land Policy and made reservations for two for the seminar to be held in Tucson. Arizona, on January 8-9, 1990, on the chance that the Commission would authorize Commis- sioner attendance at the seminar. He reminded the Commission that the Gallatin Develop- ment Corporation and the Chamber of Commerce have indicated a willingness to pay the costs for one City Commissioner to attend the meeting, rather than sending someone from within their organizations. The Commissioner then stated he feels it would be beneficial to have two Commissioners attend the meeting--one carry-over Commissioner and one newly- elected Commissioner. He indicated that he estimates the costs at $650 per Commissioner. He stated that he would be willing to attend the seminar; and Commissioner-Elect Swanson has stated he is willing to attend as well. Commissioner Vant Hull questioned whether it would be proper to have an outside organization pay the costs of a Commissioner's attendance at the seminar under the City's code of ethics. 12-04-89 . . ~.. '. . .,. ~,. - 30 - City Manager Wysocki responded that he feels it should be treated as a donation to the City; therefore, it would be acceptable under the City's code of ethics. Commissioner Hawks stated he feels it is important for Commissioners to attend na- tional meetings whenever possible throughout the year. He then suggested that the Com- mission should consider additional travel in the future, particularly to seminars such as this. Commissioner Martel noted this seminar is a two-day event that does not contain any overlapping programs or seminars like the NLC Congress of Cities does. He then ques- tioned the need of having two Commissioners attend this type of seminar. City Manager Wysocki suggested that the Commission authorize the attendance of two Commissioners at the seminar ,contingent upon the Gallatin Development Corporation and the Chamber of Commerce providing the funding for one Commissioner to attend. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize the attendance of Commissioner Hawks and Commissioner-Elect Swanson at the seminar "Community Amenities and Economic Development: Striking a Bal- ance", to be held in Tucson, Arizona, on January 8-9, 1990; and, it being in the public interest, that the costs for one Commissioner's attendance be paid by the City. T he mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. - Communit Food Co-o , 1011 City Manager Wysocki presented to the Commission an application for a Wine LI- cense, along with the required fee, submitted by Community Food Co-op, 1011 West College Street, for the remainder of Calendar Year 1989. He reminded the Commission that this business already has a current Beer License and the appropriate State Wine License. He noted this Item would have been placed under Consent Items, but it was only one; and recommended Commission approval. Commissioner Goehrung stated that he is a member of the Community Food Co-op; therefore, he will abstain from voting on this item. Commissioner Vant Hull indicated she will abstain for the same reason. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the application for a Wine License for the Community Food Co-op, 1011 West College Street, for the remainder of Calendar Year 1989 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. Commissioner Vant Hull and Commissioner Goehrung 12-04-89 " . . f" ,. ." 1.$ ... - 31 - abstained. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 'nforma- tion" items. (1) Notice of cancellation of the regular December meeting of the Governmental Affairs Committee for the Chamber of Commerce, due to the holiday season. (2) Agenda for the Board of Adjustment meeting being held today. (3 ) A copy of the notice which was published for the informational meeting on the draft sign code, to be held before the Zoning Commission at 7: 00 p. m. on Tuesday, December 5. (4) letter of resignation from the Recreation Advisory Board, as submitted by Joe Frost. (5) letter from Ralph Johnson, Vice Chairman of the Zoning Commission, indicat- ing that the Zoning Commission voted unanimously to request a minimum 30-day review pe- riod on the draft sign code prior to public hearings, to allow the public an opportunity to adequately review the document. (6) Memo from the Planning staff, along with a copy of the minutes from the public hearing held before City-County Planning Board on November 29 concerning the master plan and capital improvement plan. (7) The City Manager submitted his weekly report, as follows. (1) The Forest Service has indicated its desire to close the road to Hyalite lake as of December 15. He noted this will create no problems for the City, since the snowmobile may be used if access to the lake is necessary. (2) Employees of the Street Division and Police Department swept Main Street on Friday in preparation for the Christmas Stroll, after which the H igh- way Department plowed. He noted this year's Stroll seemed to move more smoothly, par- ticularly with two police officers stationed on the street just outside those bars from which open containers were anticipated. (3) The City received a favorable settlement in the ad- judication of water rights claims filed by Dr. Chemodurow. He reminded the Commission that Dr. Chemodurow filed approximately 649 claims in the Water Court; and he received rights to three wells and some ground water on his property, all dated 1989. He then distributed to the Commission copies of letters from Mr. Pete Lineberger to the Montana Department of Fish, Wildlife and Parks and the Indian Resources Section in Washington, D.C. (4) Approximately 70 percent, or $930,000 of the $1.3 million billed in special as- sessments, has been collected as of today. Payments from two of the major mortgage com- panies have not yet been received; however, they will be accepted if postmarked by No- vember 30. (5) He met with Riney Bennett and Jeff Rupp again this morning to work on 12-04-89 ---. -~ 1"' ':~~':~.I'!:\tC:'~ , , - 1l. lo- .... Q,,} - - 32 - criteria for the PUD portion of the draft zone code. The work is not yet complete; and they will meet again tomorrow morning. (6) Staff has received the audit report, but not the management letter for Fiscal Year 1989. An Audit Committee meeting has been scheduled for 11 :00 p.m. on December 18; and the exit conference with the Commission is scheduled for 2:00 p.m. (8) Commissioner Hawks distributed to the Commission copies of a letter he re- ceived from Ms. lorna Nelson, 503 North 20th Avenue, complaining about the manner in which garbage assessments are made. He noted that she is a divorced woman on a low fixed income, with little garbage; and she feels that assessing based on the room count is unfair. (9) Mayor Stiff stated he received a nice thank you letter from Dr. Keith Cham- bers for participation in the recent meeting concerning bond rating for the school system. Executive Session re personnel Mayor Stiff stated this is the time set for evaluation of the City Manager. He then stated that, pursuant to Section 2-3-203(3), Montana Code Annotated, he, as presiding of- ficer, has determined that the right to privacy clearly exceeds the merits of disclosure. He further noted that the individual involved has not waived his right to privacy. At 8:02 p.m., Mayor Stiff called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker and the Clerk leave the room. At 10:15 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Adjournment - 10:15 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. 12-04-89 ,