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HomeMy WebLinkAbout1989-12-11 ./ 'i .. O'r "' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 11, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 11,1989, 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 Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - December 4 Mayor Stiff deferred action on the minutes of the regular meeting of December 4, 1989 for a period of one week. owners to maintain and re air sidewalk(s) which City Manager Wysocki presented Ordinance No. 1297, as reviewed by City Attorney, entitled: ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING PROPERTY OWNERS TO MAINTAIN AND REPAIR SIDEWALK(S) WHICH ADJOIN, ABUT OR FRONT ON THEIR PROPERTY. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Ordinance No. 1297 be removed'from;,the table. 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. The City Manager distributed to the Commission copies of Ordinance No. 1235, which was finally adopted at the meeting held on April 6, 1987. He noted that this ordi- nance was recently codified in the City's municipal code but was not at the time this issue was first discussed. He also noted that the purpose of the ordinance was to provide for the sidewalk program which was created at that time; and the section pertaining to owners being responsible for repair of sidewalks and the attendant liability therefor was one small section of that ordinance. The City Manager then noted there are differences between this ordinance and the one under consideration at this time, briefly highlighting them. City Attorney Becker stated that the section of Ordinance No. 1235 pertaining to repair a,nd maintenance of sidewalks, curbs and gutters has been codified as Section I 12.20.035 of the Bozeman Municipal Code. He indicated that Ordinance No. 1297 would be codified in a different section of the code and questioned whether that would be in the 12-11-89 , '''<',:. , ...~;..;: f . ~ r - 2 - City's best interests, particularly since it could create a conflict in the code book. Commissioner Vant Hull noted that Ordinance No. 1235 does require the adjacent property owner to maintain the sidewalks, curbs and gutters; however, the Commissioners have made a conscious decision to delete curbs and gutters from Ordinance No. 1297. She then asked if it would be better to adopt the new ordinance as submitted or adopt an ordi- nance revising the provisions of Ordinance No. 1235. City Attorney Becker stated he feels it would be best to amend Ordinance No. 1235, thus avoiding a potential conflict between sections of the code. He suggested that if the Commission feels it more appropriate to adopt Ordinance No. 1297, he could prepare an or- dinance to repeal that portion of Ordinance No. 1235 pertaining to repair and maintenance of sidewalks, curbs and gutters. Commissioner Hawks noted that the provisions of Ordinance No. 1235 appear to be in conflict with Commission Resolution No. 2728, adopted in November 1988, which estab- lished the City's new sidewalk policy. The City Attorney noted that in a case of conflict such as this, the ordinance would prevail since it is a statement of law, while a resolution is a statement of policy. Following a brief discussion, a majority of the Commission concurred it would be best to kill Ordinance No. 1297 and consider an ordinance which will amend the provisions of Ordinance No. 1235. It was moved by Commissioner Martel ,seconded by Commissioner Goehrun9, that the Commission kill Ordinance No. 1297, requiring property owners to maintain and repair sidewalks abutting or adjoining their property; and direct staff to bring back a new ordi- nance revising Ordinance No. 1235 for consideration at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Com- missioner Vant Hull. Discussion - revisions to Employment Agreement between City and City Manager Wysocki The City Manager noted that a copy of his current contract has been included in the Commissioners' packets. He stated that those figures and dates which need to be con- sidered for revision have been lined through, and the new dates have been underlined. Mayor Stiff noted that this item must be considered in conjunction with the next agenda Item, since they both pertain to establishing the City Manager's salary for Calendar Year 1990. He then distributed to the Commissioners copies of a recap of benefits which the City Manager has received for the past calendar year, a recap of the salary and bene- fits City Manager Wysocki has received since he began his tenure with the City, and a comparison sheet on salaries and benefits of City Managers in other large cities in 12-11-89 ,i.",:~~.~:'.,. T . <' , - 3 '- Montana. He suggested this information could be beneficial In determining the salary for the upcoming calendar year. Mayor Stiff reminded the Commission that evaluation of the City Manager for the ,0 past six mOnths has just been completed; and now is the time to consider any increase in salary. He further reminded the Commission that the average overall rating of the entire Commission was slightly higher than above average, which is higher than his previous rat- ings. Commissioner Goehrung stated he had suggested the Commission receive information on the salaries and benefits of other City Managers in Montana, noting that the City fol- lows a similar pattern when considering other issues such as dog licenses and street main- tenance districts. He then stated he feels this information will be beneficial in these de- liberations. Commissioner Vant Hull stated the value of a mill in Bozeman is lower than it Is in other major cities In Montana. She then stated she does not feel the Commission can com- I~ pare the salary paid to City Manager Wysocki with those paid other City Manage""'s ~ in the State, since Bozeman Is a poor city. Mayor Stiff briefly highlighted the increases in salary and benefits which the City Manager has received since his tenure with the City began on February 1, 1984. He noted that over the past three years, the City Manager has received an average increase of 1.3 percent per year, which is less than the cost of living increase. He then reminded the Commission that they are considering the sa lary of a person they have collectively evalu- ated as above average; and further reminded them that Bozeman does compete with other major cities in Montana as well as other national cities for its highest management position. Commissioner Vant Hull noted that in the past, the Commission has given the City Manager the same percentage increase the employees have received six months earlier; and in this instance, that would be four percent. She noted that since the City Manager is the highest paid employee, he realizes a greater pay Increase than the other employees; and she feels that is an adequate built-in advantage. Commissioner Martel stated he feels the chief executive, who oversees the perfor- mance of all department heads and employees, should be treated different from other em- ployees in compensation issues. He then noted that over the last five years, the City Manager has received an average of less than three percent increases; and he suggested an eight- to ten-percent Increase might be appropriate. Commissioner Goehrung noted that the raises have not met inflationary increases over the past six years. He then suggested that a three-percent increase to meet inflation and another amount close thereto base'd on the evaluation. Commissioner Hawks indicated that he would be comfortable with a four-percent in- 12-11-89 ,.~" ',"':": . , ~ ., - 4 - crease, which would raise the entire compensation package to approximately $57,000. Commissioner Vant Hull raised the issue of merit pay, noting that others argued against the possibility of providing a merit pay increase for one employee in July. Mayor Stiff reminded the Commissioners that the City paid for a consultant to de- velop an employee classification plan and attendant pay schedule; and administration is do- ing Its best to implement that pay schedule in an even-handed and fair manner. Commissioner Martel reminded the Commissioners that the City Manager and Clerk of the Commission are the two employees with which the Commission deals direct. He then indicated the Commission has the ability to consider the City Manager outside the parame- ters of the pay schedule and encouraged the Commissioners to do so at this time. The Commissioners then discussed the possible percentage of increase, moving from that discussion to a possible dollar amount increase. City Manager Wysocki stated the premiums for his life insurance policy have in- creased to $1,231 per annum, and the premiums for the disability insurance policy have increased to $310 per annum, since both those premiums are based on his age. Commissioner Goehrung requested a break to allow an opportunity for the Commis- sioners to work on mathematical computations prior to making a decision. Break - 2:45 to 2:50 p.m. Mayor Stiff declared a break from 2:45 p.m. to 2:50 p.m., in accordance with Com- mission policy establ ished at their regular meeting of March 14, 1983. Discussion (continued) - revisions er Wysoc i Commissioner Goehrung suggested that the Commission set the base salary at $50,000 which, when added to the increases in deferred compensation and insurance premi- um payments and the same car allowance rate, generates a total compensation package of $58,041. City Manager Wysocki reminded the Commission that the salaries are set so that the monthly salary is an even dollar amount. He then suggested the base figure be rounded to $50,004, which will create a monthly salary of $4,167. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Employment Agreement between the City and City Manager Wysocki, to include revisions to the effective dates of the salary and term of the agree- ment, the salary, and the premiums for the life insurance and disability insurance as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel 12-11-89 .. i - 5 - and Mayor Stiff; those voting No, none. Ordinance No. 1298 - Salary Ordinance for the City Manager for Calendar Year 1990 City Manager Wysocki presented Ordinance No. 1298, as approved by City Attor- ney, entitled: ORDINANCE NO. 1298 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHl Y SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN AS REQUIRED BY lAW. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1298, fixing the monthly salary and offi- cial bond of the City Manager for Calendar Year 1990, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Continued discussion - process for resolving delinquent assessments which are over three years old City Manager Wysocki reminded the Commissioners that they have discussed this is- sue each of the past two weeks. Mayor Stiff noted he had requested that action be delayed for a period of one week to allow him an opportunity to discuss the possible option of deceleration with the City At- torney. City Attorney Becker stated that Mayor Stiff had suggested at last week's meeting a possible "amnesty period" until May 31, 1990, during which time those with accelerated de- linquent assessments could bring the delinquencies current and be reinstated in a decel- erated status. He stated that, as long as everyone is treated the same during the "am- nesty period", he has no problem with that proposal. Mayor Stiff noted that Administrative Services Director Gamradt had raised the pos- sibility of refunding the difference between the amount paid and the decelerated amount to those who brought their delinquencies current during the period between April 5, when the State statutes became effective, and the date the Commission implements this option. He once again expressed concern. He then noted that Bozeman was instrumental in getting the new legislation passed in the State Legislature. Commissioner Hawks reminded the Commission that the City went through the high interest period with its attendant .costs to the various funds, and when individuals were reaping the benefits of investments. He stated that since the City has incurred those 12-11-89 ,. . '" " - 6 - costs and those who are delinquent probably benefitted from those high interest times, he does not feel the City should decelerate the delinquencies and allow them to benefit at the City's cost one more time. Commissioner Vant Hull stated she basically agrees with Commissioner Hawks. Commissioner Martel stated that, while he is sympathetic to Commissioner Hawks' po- sition, he feels it may be best to provide an amnesty period of deceleration, including re- funds to those who have paid since April 5. Commissioner Goehrung stated that people have been aware of the City's regulations throughout this process. He stated that if the Commission attempts to modify the process at this time, they will be declaring a "taxpayers' holiday"; and he feels that is not in the City's best interests. He then indicated .he feels the Commission should not decelerate the delinquencies, but allow the process tofoHow its' course. In response to a question from Mayor Stiff, Administrative Services Director Gamradt Indicated that staff would recommend that the Commission not allow deceleration. Mayor Stiff ,indicated that he supports the staff's recommendation. '. City Manager Wysocki reminded the Commissioners that if they do not approve the option of deceleration, staff will proceed with collection procedures. He noted that those properties with delinquencies under $2,500 will be addressed through City Court; and those with delinquencies over $2,500 will be addressed through the tax deed process, simi- lar to that followed for Valley Unit lots. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission not provide the option of deceleration of delinquent assessments, and au- thorize and direct staff to proceed with statutory provisions for addressing delinquent as- sessments through City Court or the tax deed process. The motion carried by the follow- ing 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. 2769 - certifying delinquent annual and semi-annual assessments as of November 30, 1989 to the County City Manager Wysocki presented Commission Resolution No. 2769, as reviewed by City Attorney, entitled: COMMISSION RESOLUTION NO. 2769 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1989, AND UNPAID AS OF THAT DATE, DELINQUENT, AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. 12-11-89 .' oj;' - 7 - The City Manager reminded the Commission that delinquent assessments are certified to the County for collection. He noted that some of those on the list have paid; and those ~<!I will be removed from the list prior to certification to the County. In response to a question from Commissioner Goehrung, the Administrative Services Director noted that within ten days, all of those appearing on the list will receive letters reminding them that their assessments are delinquent. He then indicated that some of the delinquencies listed are due to the fact that the mortgage companies failed to make the payments, not because the Individuals failed to do so. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2769, certifying delinquent annual and semi-annual assessments as of November 30, 1989 to the County. 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. Break - 3:13 to 3:20 p.m. Mayor Stiff declared a break from 3:13 p.m. to 3:20 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Update re planning process - Planning Director Epple and Roger Craft Planning Director Epple distributed to the Commission a copy of the latest schedule of meetings on the various documents, noting it has not changed since last week. He then noted this update on the planning process is overshadowed by the City's public hearing on the master plan which is scheduled for this evening. He then briefly highlighted the pro- cess to be followed for this evening's hearing, since it was advertised for the Commission Room in City Hall. The Planning Director noted that, due to the large number of interest- ed persons anticipated, the Planning staff has made arrangements to relocate the public hearing to the Community Room of the County Courthouse. He stated the hearing must be opened in the Commission Room, as advertised; then it may be recessed for relocation to the Courthouse. Planning Director Epple indicated the Planning staff will open the Courthouse and ensure people are directed to the Community Room for the meeting while the Commission opens the public hearing and relocates. He suggested this should minimize confusion while meeting the provisions of the published notice. He further indicated the Planning staff will prepare a sign to place on the- door at City Hall to notify interested persons of the change in meeting place. Mayor Stiff noted he has asked Commissioner Hawks to open the meeting at City 12-11-89 . , - 8 - Hall. He then asked that two other Commissioners be present at City Hal I to create a quo- rum; Commissioner Vant Hull and Commissioner Martel indicated they would be willing to do so. The Planning Director noted that the change in meeting place has been included In a newspaper story on the public hearing ,so he anticipates the change will cause little inconvenience or consternation to the public. City Manager Wysocki distributed an information sheet on how the public hearing will be conducted, noting it is a draft for discussion purposes only at this time. Planning Director Epple reviewed the draft as submitted. He stated that Roger Craft, Chairman of the City-County Planning Board.. will present to the Commission that bOdy's resolution recommending adoption of the master plan, with several revisions. He noted that the Board met on Friday night and reviewed all written and oral comments re- ceived during the public input portion of their public hearing; and the modifications proposed are the result of those comments received. The Planning Director stated that following that item, he will submit a verbal over- view of the history of the document as well as a highlight of the items contained in the draft master plan. He noted that his presentation at the City-County Planning Board's hearing lasted approximately 1 hour and 20 minutes and asked the Commissioners what type of presentation they wish. Following discussion, the Commission concurred that a two-minute overview on the background history would be adequate; and an abbreviated presentation on the contents and proposed modifications would probably be sufficient if the crowd seems basically the same as at the Board's hearing. The Commission then en- couraged the Planning Director to "read" the crowd to determine whether an abbreviated presentation would be adequate or if a more full-blown presentation might be required. City Manager Wysocki noted it is Important to remind those in attendance that the public hearing is being conducted on the draft master plan only, not any of the other doc- uments or Issues. Mayor Stiff asked if the public hearing should be continued following input received during this hearing to allow for additional input prior to a decision being made. Planning Director Epple noted he is not sure it would be necessary to keep the publ ic hearing open. He then suggested that the Commission could consider a process similar to that followed by the City-County Planning Board, which would allow for written Input until a date specific. He noted In that instance, the public hearing could possibly be closed; and the Commission could consider the oral testimony from the public hearing and any written comments during its deciSion-making del iberations. City Attorney Becker briefly reviewed the State statutes for public hearings, ex- pressing concern that the statutes refer only to written comments submitted prior to the 12-11-89 . '. - 9 - public hearing. He then suggested that the Commission should continue the public hearing to a date certain, accepting written comments between tonight's hearing and the date set for continuation of the hearing; and the written comments could then be entered into the record for consideration. The Commission discussed this process, concurring it would be appropriate to ac- cept written comments until 5:00 p.m. on January 10 and continue the public hearing to January 15, 1990. In response to a question from Mayor Stiff, the Planning Director noted that the County Commission does not plan to meet jointly with the City Commission prior to adoption of the master plan. He noted, rather, the County Commissioners plan to take independent action, after which the differences can be determined and possibly a sub-committee ap- pointed to try to resolve them. City Manager Wysocki noted that after the Planning Director's presention, the Com- missioners could ask questions of staff, followed by any wrap-up comments by Roger Craft. He stated the pUblic comment portion of the meeting would then be opened, sug- gesting that comments be received from the public in section and sub-section order. He noted that each section and sub-section could be Introduced, with people being allowed to speak on that issue only, possibly with a time limit attached. The City Manager stated he recognizes that this would cause some people to walk to the podium several times; howev- er, he feels it could provide a more structured, understandable and logical public hearing. The Commissioners discussed this proposal, along with other options, and de- termined it would be better to ask people to follow the structure of the listed format in submitting their comments; however, they felt that each individual should be allowed to make all of his comments at one time. They further concurred that no time limit would be establ ished; however, redundancy should be avoided. Mayor Stiff asked if the Commission should establish a target time for continuing the public hearing, noting that the quality of listening decreases dramatically after a cer- tain length of time. The Commissioners discussed this issue, concurring that after a break around 10:00 p.m., the Mayor could ask how many more people wish to speak. At that time, a determination could be made on whether to continue until all have been heard or break the hearing to a time certain. Commissioner Vant Hull asked if the ad hoc implementation committee is to meet at 7:00 a.m. on Wednesday morning; Commissioner Hawks responded he has not received any notice of such a meeting. Mayor Stiff noted he had raised the Issue of appointing a hearings officer on two or three different occasions and received little to no response from the Commission until just prior to this meeting. He then suggested that in future hearings during this planning 12-11-89 .' , " - 10 - process, the Commission consider appointing a hearings officer. Request for permission to address Commi,ssion -- Marjorie Johnson, ad hoc sign committee City Manager Wysocki stated that copies of two memos from Mrs. Johnson were in- cluded in the Commissioners' packets. He then noted that Mrs. Marjorie Johnson, chairman of the ad hoc committee to develop a comprehensive sign ordinance, has requested an op- portunity to address the Commission at this time. Mrs. Marjorie Johnson stated she wishes to emphasize how strongly the ad hoc sign committee feels about the draft sign code prepared by BRW, Inc. She noted that the guidelines which the committee developed and followed have not been followed in the BRW version of the sign code; and the committee is very concerned about that. She stated the entire committee feels the BRW draft does not meet the intent of the code which they had drafted after a street-by--street,zone-by-zonereview of the community. Commissioner Martel asked Mrs. Johnson If business community acceptance could be gained for the sign code drafted by the ad hoc si9n code. Mrs. Johnson stated she feels that, while there would be dissension, she feels the committee's draft would be much more easily defended than the BRW draft. She stated she is not certain at what point thec()mmitt~e fost control; but the BRW draft is much differ- ., ent from what was prepared by the committee. She then indicated the committee has re- ceived comments from buslnes50whers who are vehemently opposed to the BRW version of . , the sign code. Commissioner Hawks noted that, uJtimitely ,the t)alance of values will be determined by the Commissioners, who will try to determine what is in the best interests of the com- munity on a long-term basis. He noted that BRW prepared a draft of the sign code based on concerns they had heard expressed and what they felt was best suited for the commu- nity. He stated the Commission must make the decisions on what is to be included in the code and to what extent it will meet the goals contained in the new master plan. He stat- ed the BRW draft was designed to provide flexibility in ensuring that the landscaping and signage are compatible for a project, rather than establishing strict regulations for si9nage which might conflict with other elements of the development. He then concurred that the BRW draft could be more restrictive than the sign code developed by the ad hoc sign com- mittee. Commissioner Goehrung asked if there are areas, besides the intent and definitions as well as being more restrictive, where the BRW draft differs from the committee's draft. Mrs. Johnson responded the BRW version addresses advertising signs on vehicles; it prohibits changeable copy signs; and it differs In window sign regulations. Mrs. Marjorie Johnson then encouraged the Commission to separate the sign code 12-11-89 .. . . '. - 11 - from the remainder of the zone code and consider it in six weeks to two months. She in- dicated the committee is willing to work on the document in the meantime in an attempt to develop a code which will be acceptable to the community. Commissioner Hawks stated the ad hoc implementation committee has been working closely with the entire process; and they recognize that the sign code is such an integral part of the document that it cannot be separated from the remainder of the zone code. He noted that if more time is needed to massage the sign code, the entire zone code must be held in abeyance. Mayor Stiff noted there has been no public presentation on the historic preservation section of the zone code; and he feels this is another item which should possibly be sep- arated from the remainder of the document. Commissioner Hawks noted the historic preservation section ties closely to the sign code as well as being an important part of the zone code. He noted that the historic preservation section could create flexibility to retain some of the more historic signs in Bozeman, even though they may not conform with the new regulations. Mrs. Johnson stated that adoption of a sign code is the Commission's decision; how- ever, the ad hoc sign committee is willing to help in whatever way possible. She noted the committee will study the BRW draft and provide comments at the appropriate times. Mayor Stiff stated he concurs with Mrs. Johnson in that BRW seems to have over- looked the committee's work in preparing its draft of the sign code. He then thanked the committee for the work they have done on the sign code and encouraged them to continue working to develop an acceptable version of the document. Appointment of sixth member to CDBG Loan Review Committee The City Manager reminded the Commission that at last week's meeting, action was deferred for a period of one week to allow staff an opportunity to determine if the appli- cants meet the low- and moderate-income guidelines. Clerk of the Commission Sullivan submitted a brief report, noting one of the appli- cants does not meet the low- and moderate-income guidelines; and the second is on vaca- tion until next week. Commissioner Vant Hull questioned why the Clerk of the Commission contacted the applicants to find out if they are low- or moderate-income individuals. She stated that she feels that anyone having an interest in housing for low- and moderate-income persons should be allowed to fill the position. She then encouraged the Commission to make the appointment at this time. City Manager Wysocki cautioned the Commission to avoid discussion of individual's salaries, noting that is a very private issue. He then reminded the Commission that in 12-11-89 ~ .' , . " - 12 - earlier discussions, they determined that a low- or moderate-income person was to be se- lected to fill the newly-created position. He further reminded them that the Clerk of the Commission attempted to verify eligibility as the result of a direct order from the Commis- sion at last week's meeting. Commissioner Hawks stated he feels the Commission can make the appointment at this time. Commissioner Martel stated that to appoint a person who is not a low- or moderate- income person would be contrary to the idea behind the appointment of a sixth member to the committee. City Manager Wysocki cautioned the Commission against any change in the appoint- ment process between the time of advertising and this step. He suggested the Commission defer action until next week to allow the staff an opportunity to review the requirements stated in the advertisement. Mayor Stiff requested this item be placed on next week's agenda for further consid- eration. Claims City Manager Wysocki presented to the Commission the listing of claims for the past two weeks. He then recommended that the Commission approve the claims as listed and order the same be paid. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the claims as listed, and authorize and direct the Director of Fi- nance to pay same. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Acknowledge receipt of request for vacation of streets - Ken LeClair; refer to staff City Manager Wysocki submitted to the Commission an application for vacation of three of the streets located within "the HIghwood Estates Planned Unit Development. He reminded the Commission that this is a recently-approved Ken LeClair development which is located along the west side of Highland Boulevard, along the north edge of Grafls First Subdivision Second Filing. He then recommended that the Commission acknowledge receipt of the application and refer it to staff. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request submitted by Ken LeClair for vacation of three streets located in the Highwood Estates Planned Unit Development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, 12-11-89 '.-'.",. . ., . .., - 13 - Commissioner Vant Hull, Commis.sionerMartel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1) Agenda for the HI~hway Commission meeting to be held in Helena on Friday, December 15. (2) Notice of the informational meeting on tax reform to be sponsored by the Chamber of Commerce Government Affairs Committee at 7:30 a.m. on Wednesday, December 13. _ '^i The City Manager noted that Administrative Services Director Gamradt will attend the meeting. (3 ) Agenda for the City-County Planning Board meeting to be held at 7: 00 p. m. on Tuesday, December 12. (4) A copy of the letter from the Department of Commerce inviting the City to submit a full application for Lattice Corporation, along with a copy of the notice of public hearing which was published In the newspaper. (5) Agenda for the quarterly TACt PCC meeting to be held at 10: 00 a. m. on Thursday, December 14. (6) A letter from John McCulloch, 504 West Main Street, dated December 7, con- cerning slgnage along North 7th Avenue. ( 7) The City Manager submitted his weekly report as follows. (1) The City is using finer sand on the streets In a five- to ten-percent salt mixture; however, it does not seem to be working as well. (2) Delinquent assessments will be pursued now that the deadHne for payment has passed and certification to the County has been done. (3) The latest Library report reveals that the MacArthur Foundation videos are very popular; and it may become necessary to shorten the check-out period for those videos. (4) Prepa- rations for cross-country skiing and ice skating are beginning due to the change in weath- er. (5) City staff met with representatives from Lone Mountain Gymnastics about their conditional use permit. He noted that they are contemplating going through the conditional use process again. (6) The planning process has been moving along this past week, as it has now for several weeks. (7) He attended the First Bank open house last Thursday. (8) Representatives from the Department of Fish, Wildlife and Parks met with City staff last week concerning the agreement for annexation of their 21-acre parcel on the west edge of the city. They have requested special consideration in determining the payment-in-Iieu of water rights, since 15 acres of that parcel will remain In park use. They also 12-11-89 . . . - 14 - requested special consideration on the requirement for waiver of protest for the creation of an SID for construction of Fowler Road, since that will be an arterial. (9) He attended the annual Town and Gown meeting, which was held yesterday afternoon. (10) One of next week's agenda items will be discussion concerning landfill and garbage collection rates. (11) The compactor is now In operation at the landfill; and it is making a big dif- ference in the compaction. (12) The dump truck with sander and plow which were pur- chased through last year's CI P have been delivered and are now being used. (13) Craig Brawner, the new engineer replacing Lance Kelley, has been working for a week. (14 ) The Nelcon contract is 99 percent complete, with adjustments being needed on the reser- voir cover. (15) The bandshell renovation is complete except for installation of trim boards and painting, which will be completed before the season begins next summer. (8) Commissioner Hawks distributed to the Commission copies of a letter from Amanda Cater, 516 South 6th Avenue, concerning the master plan. The City Manager suggested that this letter be entered into the record at the pub- lic hearing this evening. (9) Commissioner Hawks stated he has received a letter, along with copies of an application form, from the Volunteer National Center regarding the 1990 Presidential volun- teer action awards program. He then encouraged the Commissioners to submit any ideas they may have for submitting applications for this award. Commissioner Goehrun9 suggested the Recreation Advisory Board or the Library Board may be able to identify some persons who would qualify for this type of award. (10) Commissioner Hawks stated he is preparing for the second retreat, which is to be held on Saturday at an as yet undetermined location. He noted the Commissioners are preparing summaries of the first retreat for sharing with the City Manager; and he hopes similar summaries will be forthcoming from this second retreat. He then indicated the media is invited to this second retreat, encouraging anyone who comes to plan on at- tending the entire day. ( 11) Commissioner Vant Hull distributed to the Commissioners samples of recycled toi let paper, along with toilet paper from the restroom upstairs. She suggested that if the City decides to promote a recycling program, it should also attempt to provide a market for recycled products through purchasing of those items for its own use. (12) Commissioner Vant Hull suggested that the articles concerning regional plan- ning contained in the August 21 and August 28 editions of the New Yorker be circulated among the Commissioners-Elect. The Commissioners concurred. (13 ) Mayor Stiff stated he is expecting a letter from Wendy Bay Lewis this week concerning the sister cities policy. He indicated that he will review that letter in conjunc- tion with the policy which has been drafted by the City Attorney and Clerk of the 12-11-89 . . .,. - 15 - Commission, at the Commission's request, to determine if any changes need to be made pri- or to submittal to the Commission for consideration. (14) Mayor Stiff indicated the Commission has received a Christmas card from the City of Rivas, Nicaragua. Recess - 4:42 p.m. Mayor Stiff declared a recess at 4:42 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled publiC hearing. Reconvene -7:00 p.m. Commissioner Hawks reconvened the meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearing. Public hearing -1989 Bozeman,Area'M~ster Plan Update , , This was the time and place set' for the public hearing on the 1989 Bozeman Area Master Plan Update as prepared by BRW, Inc. Commissioner Hawks opened the public hearing. Recess - 7: 03 p. m. ' At 7:03 p.m., Commissioner Hawks noted that, due to the anticipated number of in- terested persons, the public hearing WOUld be recessed to the Community Room of the County Courthouse. Reconvene - 7:20 p.m. Mayor Stiff reconvened the meeting at the County Courthouse at 7: 20 p. m. for the purpose of conducting the scheduled public hearing on the 1989 Bozeman Area Master Plan Update as prepared by BRW, Inc. Public hearing (continued) -1989 Bozeman Area Master Plan Update Mayor Stiff reopened the public hearing. The Mayor announced that at the end of this evening's public hearing, it will be continued to January 15, 1990. He noted that the Commission will receive written testi- mony at the office of the Clerk of the Commission until 5 :00 p.m. on Wednesday, January 10; and that testimony will be entered into the record and considered at the January 15 public hearing and during the deCiSion-making process. He then invited those present to speak if they so desire, further encouraging them to avoid repetition and redundancy when- ever possi ble. 12-11-89 . . . - 16 - Mr. Roger Craft, Chairman of the City-County Planning Board, submitted to the Commission a resolution recommending adoption of the 1989 Bozeman Area Master Plan Up- date, including several recommended modifications. He noted that several of the changes pertain to the goals, objectives and implementation policies. Mr. Craft stated one section which has generated a substantial amount of discussion and concern is the section pertaining to rural residential development. He then reviewed how the new code addresses that type of development, comparing it with the manner in which the 1983 master plan addresses It. He noted that the density of rural residential development is one unit per twenty acres in both codes. Mr. Craft then highlighted the other changes proposed in the master plan prior to adoption. He noted that the maps in the master plan and the zone code will be substan- tially different, rather than the same as they were in the old codes. He reminded the Commission that the master plan provides a long-term view of items while the zone code implements that view, taking into consideration the infrastructure capabilities. Mr. Craft stated the Recreation Advisory Board has recommended several changes in the plan also; and a copy of that memo has been attached to the resolution and made a part of the Planning Board's recommendation. Planning Director Andy Epple submitted a brief overview of the. history of the pro- cess to date, noting that copies of this information and the resolution from the Planning Board have been given to those in attendance. He noted the current master plan, which contains a mandatory update process every three years, was adopted in 1983. He stated that staff began updating the statistical information contained in that plan approximately two years ago, noting that the staff and Board recognized the necessity for meaningful public input into the process. He noted that in April 1988, a public information workshop was held on the goals and objectives, with about 125 people in attendance. He noted that in the next fourteen months, the Planning Board reviewed every comment made In that session and incorporated those into their revised goals and objectives. The Planning Director stated that the City and County then jointly appointed an ad hoc committee on regulatory reform to take a comprehensive look at the system, including revisions to both the master plan and zone code. He stated the committee recognized the magnitude of the process and suggested that a consultant be retained to prepare an update of both documents; and in June 1989, BRW, Inc., was selected to perform the work. Planning Director Epple reminded the Commission that the master plan establishes the ground work upon which the zone code and other implementation devices are built. He then indicated the first public meeting, from which BRW developed the first draft of the master plan, was held in September. A public information meeting was then held on the first draft; and comments and suggestions from that meeting were incorporated Into the 12-11-89 .... : " . . - 17 - second and third drafts of the document. The Planning Director noted that the City-County Planning Board held its public hearing on this document on November :29""and accepted written comments until December 7. , The Board has subsequently revfewedall of the information received and has forwarded its recommendation to the governing bodies for their consideration. Planning Director Epple then very briefly highlighted the contents of the master plan, reviewing some of the ;elements which were. taken into consideration during develop- " ment of the document, such as waste water treatment facilities, water treatment facilities, and transportation capabilities and anticipated projects, as well as the University campus. He noted that the population projections for the city as well as the county have been revised downward from the 1983 pian's projections. The Planning Director stated the water and sewer service areas should be carefully reviewed, to determine where the services could be realistically extended. He noted that the edge of the area is circular; however, it is also a "soft edge", with each request for extension of services to be considered on an individual basis. He indicated that urban levels of residential development will be encouraged within the service areas. The Planning Director then stated that the new master plan map will not reflect the density of residential development contemplated or the type of commercial or industrial use anticipated, but rather will provide only a general land use category, allowing the zone code to provide the implementation phase. Planning Director Epple stated the new master plan includes a proposal for an Oak-to-Highland looped road system through the northeast sector of the community. He noted this will provide the uncompleted link for the peripheral looped road system around the town. He then noted that the capital improvement plan section of the master plan is Important, since It provides funding options for this, as well as other major projects. Mr. Dick Pohl, Recreation Advisory Board, stated that at their last meeting, the Board submitted several recommendations for revisions to the master plan; and those have been attached to the City-County Planning Board's resolution. He then stated the Board strongly supports the master plan, particularly in its endeavors to create recreation corri- dors. He noted that implementation of that plan is extremely important, even though it seems like an overwhelming task. Mr. Pohl then stated that he feels that the goal pertaining to the quality of life may have been overlooked in the updating process; and the Board feels strongly that recre- ation planning must be addressed more comprehensively. He also noted that the East Gal- latin Recreation Area is not includeq; and he feels that Is an important park which can provide significant recreation opportunities. .. Mr. Pohl then encouraged Commission adoption of the master plan with the recom- '," ," 12-11-89 . f?o' . -. A . - 18 - mended changes. Mr. Charles Paden, 507 Ice Pond Road, noted that under the goals and objectives, the paragraph about preservation of aesthetic values has been revised; and he feels that the statement contained in the first draft should be incorporated back into this document. He noted the second most important resource In the community is the people; and he feels the statement contained in the original draft should be Incorporated into this draft, rather than the revision which has been made. Mr. Paden stated he feels that many of the problems which developers have in- curred with the current master plan and zone code have been addressed in this revised plan and through designation of the City-County Planning Board to serve as the Zoning Commission. He noted, however, that the decisions made under the new plan will be more subjective than those made under the old plan. Mr. Paden once again encouraged that the statements concerning aesthetics and public participation be revised to include the original language prior to adoption of the new master plan. Mr. Charles Paden then noted there are some internal Inconsistencies in the plan which should be addressed prior to final adoption. He noted that under the implementation policy, reference is made to "multiple use zones", which he understands have been elim- inated under this plan. He stated there may be other such inconsistencies and suggested that staff carefully review the document for such problems prior to adoption. Mr. Sherman Janke, Bozeman resident, stated support for Mr. Paden's comments. He stated he would like to see the original language Incorporated into the goals and objec- tives concerning the area aesthetics. He stated the substitute language refers to a bal- ancing of aesthetics and development; but he feels it is important to protect the aesthet- ics. Mr. Janke then stated that creative growth should be carefully considered. He noted that population growth should not be an end in Itself, rather, economic growth should be pursued through various approaches. He noted that businesses like Patagonia should be encouraged to locate in this area. 3f Mr. Lee Stronfek, Bozeman resident and artist, stated support for the comments offered by the two previous speakers. He noted that wood burning can cause air pollution in the valley; and he feels issues like that should be addressed in the master plan. He noted that the problem has become worse over the years and should be addressed now rather than after the damage has been done. Mr. Rich Morse suggested that action on the goals and objectives must be taken, giving due consideration to the community's desires. He noted that the beauty of the area must be defined; and steps must be taken to protect the area's resources. He reminded 12-11-89 . '. ~ 4 - 19 - the Commission that during public input sessions this past summer, one of the most consis- tently listed objectives was preservation of the scenic views. He then suggested that the goals be revised to include "identify aesthetic resources which should be preserved". He also noted that care should be taken to establish and maintain green belts. He stated it is important to not only identify the natural amenities, but steps must be taken to protect those amenities as well. Mr. Michael Delaney, real estate developer, noted this area has a number of ame- nities and attributes, such as the quality of life and has many things to offer. He noted that while trying to enhance the future of the area, care should be taken to provide a pro-growth and pro-business atmosphere. He noted that the area has not really taken that approach in the past; and many people have moved from the community because of that. Mr. Delaney noted there are many people in the community who are not working be- cause of the lack of jobs and the anti-growth attitude that seems to prevail. He also not- ed that the pay locally is much lower than one can obtain elsewhere. He then encouraged adoption of the master plan as recommended by the City-County Planning Board, noting care should be taken under the new document to enhance development in the area, while protecting the amenities which attract people. Break - 8:30 to 8:35 p.m. Mayor Stiff declared a break from 8:30 p.m. to 8:35 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - 1989 Bozeman Area Master Plan Update Mayor Stiff indicated he had received an inquiry during the break on any revisions to this document and how they will relate to the zone code. Planning Director Andy Epple responded that BRW has prepared both the master plan and zone code update documents. He noted that the County Commission will conduct its public hearing on the master plan on January 9; and both governing bodies will take action on adoption of the master plan some time after that. He stated that, in the mean- time, several public hearings will be held on the zone code by the various bodies; and that document will be adopted some time after the master plan has been adopted. He cau- tioned the Commission that any changes in the master plan must be incorporated into the zone code, since that document implements the provisions of the master plan. Mr. Bob Carner noted much discussion has centered on balancing the aesthetics of the area with development versus protecting the aesthetics. He reminded those present that the scenery surrounding the community is pristine, but Is the result of human 12-11-89 II '.. - 20 - management. He then indicated he feels that balancing of the various elements is extremely important. Mr. Lloyd Mandeville, 1001 Woodland Drive, noted that the boards that have con- sidered this 1989 update of the master plan seem to be very sensitive to what people are saying. He stated support for the plan, noting that balance is needed. He noted that a new goal at the beginning of the document refers to promoting and stimulating business; and he feels that is an important step which must be taken. He then encouraged the Com- mission to adopt the master plan. I n response to a question, Commissioner Hawks briefly highlighted the procedure followed during the 1983 update of the master plan. He noted that at that time, the zone code was not updated to reflect the changes In the master plan; therefore that master plan was not implemented as fully as it should have been. He stated that, due to the sizeable workload involved In updating both documents, the ad hoc implementation committee felt it important to retain an outside firm. Commissioner Vant Hull stated that she feels the updated document will provide a good basis for the zone code, Including the historic preservation section and sign code. Mayor Stiff stated that growth must be recognized and accepted; and he feels that balancing that with the qualities of the area must be done carefully. Mr. Bill Metzger, resident and businessman, stated he endorses revision of sign regulations; however, he noted that care must be taken when addressing that item. He noted that the master plan references to this issue are acceptable, encouraging the Com- mission to take care when addressing the regulations through the zone code. Mr. Tom Simkins noted he was born and raised in Bozeman. He expressed concern about the type of development which has occurred recently in Bozeman. He stated that during the past ten years, many multi"family units have been constructed; however, no family neighborhood-type developments have occurred during the past ten years. He noted that the development of family neighborhoods should be encouraged within the city limits, rather than allowing them to develop outside the City's jurisdiction. Mrs. DarIa Joyner, Executive Director of the Bozeman Area Chamber of Commerce, thanked the City-County Planning Board for listening to public input and recommending approval with several changes to Incorporate those ideas. She noted it is important to promote commercial economic development, not just maintain it. Mayor Stiff reminded those in attendance that written comments will be accepted through January 1 o. He then continued the public hearing to January 15, 1990. Adjournment - 9:02 p.m. There being no further business to come before the Commission at this time, it was 12-11-89 ~-- _\, .~ .. f -II. - 21 - 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. 12-11-89 ~-