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HomeMy WebLinkAbout1989-12-18 1 0"', 'i. __.4 / MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 18, 1989 ************************ The Commission of the City of Bozeman met in regular session In the Commission Room, Municipal Building, December 18, 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. None of the Commissioners requested that any of the Consent I tems be removed for discussion. Minutes - December 4 and December 11 Mayor Stiff deferred action on the minutes of the regular meeting of December 4, 1989 and December 11, 1989 for a period of one week. Exit Conference for Fiscal Year 1989 audit - John Hedge, _Peat Marwick City Manager Wysocki stated that John Hedge and Bruce Knudson, Peat Marwick Main and Company, are present to submit the external audit of the City's financial records for Fiscal Year 1989. Mr. John Hedge, audit partner from the Billings firm, noted the City has received copies of the Comprehensive Annual Financial Report (CAFR) as well as a separate audit for the Water Fund and a report to the Audit Committee. He reminded the Commission that for the past several years, the City has submitted an application for the GFOA Certificate of Achievement for Excellence in Financial Reporting, and has received that award for the <:::::::=' past five fiscal yea~ He noted that an application for the GFOA Certificate for Fiscal Year 1989 will be forwarded prior to the December 31 deadline. Mr. Hedge stated that the Commissioners and taxpayers in Bozeman recognize tangi- ble benefits from obtaining the Certificate, in terms of bond ratings and attendant interest rates. Also, firms with a view to relocating in Bozeman can review the City1s financial documents with a sense of security that the figures are accurate. Mr. Hedge briefly reviewed the configuration of the CAFR, noting that Part I is a well-written Introductory section that contains all of the Important basic information. He noted that Part II is the financial Information, upon which the GFOA Certificate is based. Part I I I is the statistical section of the document; and it provides an overview of the City's financial and statistical information for the past ten years. Mr. Hedge urged the 12-18-89 "":,'.,'<' .....,\ ~ ., 'i - 2 - Commissioners to carefully read Parts I and I I I, noting that those sections give an over- view of all of the numbers contained in Part I I. Mr. Hedge stated that the audit revealed no material weaknesses in internal control or reportable conditions in the City's accounting system. He noted that the auditors did make a few recommendations for "housekeeping" Items; and there are no material issues to address. Commissioner Goehrung asked if the auditors have discussed the "housekeeping" is- sues with staff, possibly suggesting ways in which the procedures could be revised. Mr. Hedge responded they have; and, in fact, most of those changes have already been incorporated into the City's system. Mayor Stiff noted that the auditors met with the Audit Committee just prior to this meeting. He stated that discussion revealed the fine job which City's accounting staff is doing and commended Administrative Services Director Gamradt and his staff for maintain- ing such a high-level operation. The Mayor, looking back to the early 80's, noted that this audit report is much different from the ones received then; and there are no sur- prises any more. He then concurred with the auditors that the City does receive a tangi- ble benefit from the GFOA Certificate, as well as from having a "Big 8" firm conduct the audit. City Manager Wysocki distributed to the Commission a recommendation from the Au- dit Committee that the Commission acknowledge receipt of, and accept, the audit report for the Fiscal Year 1989 audit. He noted the Audit Committee further recommends that the Commission retain Peat Marwick for the second year of the two-year extension of the origi- nal contract. He then concurred in that recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission acknowledge receipt of, and accept the audit for Fiscal Year 1989; and re- tain Peat Marwick Main and Company for the Fiscal Year 1990 audit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those vot- ing No, none. Commission Resolution No. 2770 - establishing uniform safety code inspection fees for those businesses and organizations exempt from the City's licensing authority City Manager Wysocki presented Commission Resolution No. 2770, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2770 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING UNIFORM SAFETY CODE INSPECTION FEES FOR THOSE BUSINESSES AND ORGANIZATIONS EXEMPT FROM THE CITY'S li- CENSING AUTHORITY AS REQUIRED BY ORDINANCE NO. 1292. 12-18-89 ? .. - 3 - The City Manager stated this resolution sets the dollar amount to be charged for uniform safety code inspections for those businesses and organizations which are exempt from the City's business licensing requirements. In response to a question from Commissioner Martel, the City Manager indicated that the first column of fees is for Inspections where no follow-up visit is required; and the second columl") is for inspections where a follow-up visit is necessary. He noted that the rates proposed reflect an hourly average of manpower costs only; and these fees are ba- sically consistent with those charged under the business licensing provisions. Commissioner Martel noted that the Commission had determined that this service was to be revenue neutral, suggesting that all costs should be included when establishing the fees. The City Manager reminded the Commission that the City has several fee structures where the fees do not cover all of the costs involved. He further noted that in this in- stance, it is difficult to include equipment costs, particularly since the costs of that equipment are already covered under the Fire Department's budget. He then noted it is important that the fees contained in this schedule should be similar to those In the busi- ness licensing ordinance for the same services. Mayor Stiff asked if revision of the fees for this service to include all costs would result in a need for revision of other fee structures as well; the City Manager indicated it would. Commissioner Vant Hull stated support for the fee structure as proposed, noting that staff has taken time to carefully research the issue prior to submitting its recommen- dation. ,- Commissioner Hawks asked how a follow-up visit would be triggered. The City Manager responded that if a deficiency is noted during the inspection, the individual will be given a period of tiine in which to remedy the problem. He noted that a follow-up visi,t after the time given would be required to ensure that the deficiency has been adequately addressed. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2770, establishing uniform safety code in- spection fees for those businesses and organizations exempt from the City's licensing au- thority. 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. 12-18-89 T .. - 4 - Commission Resolution No. 2771 - intent to vacate and abandon a ortion of Oran e Street in between the east one-half1o" oc~ 50 and t e east one-ha 0 Block 53 0 the Northern aci ic dition City Manager Wysocki presented Commission Resolution No. 2771, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2771 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A PORTION OF ORANGE STREET LYING BE- TWEEN THE EAST ONE-HALF OF BLOCK 50 AND THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager stated this resolution states the Intention to vacate a portion of Orange Street which seems to have been inadvertently omitted during vacation of a portion of the street in 1977. He then recommended that the Commission adopt the resolution and set the public hearing for January 15, 1990. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2771, stating the City's intent to vacate that portion of Orange Street lying between the east one-half of Block 50 and the east one-half of Block 53 of the Northern Pacific Addition, and set the public hearing for Janu- ary 15,1990. 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. Staff report - re~uest for vacation of McAdow Avenue lying between Block 49 and Block 47 of the Northern acific Addition; Commission Resolution No. 2772 - intent to vacate City Manager Wysocki presented Commission Resolution No. 2772, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2772 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF McADOW AVENUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN FRONT STREET ON THE NORTH AND THE NORTHERN BOUNDARY OF THE EAST/WEST ALLEY R,JGliT-OFcWA Y ON THE SOUTH. . . The City Manager submitted to the Commission a copy of the staff report for the requested vacation of a portion of McAdow Avenue, along with a copy of the resolution. He then recommended that the Commission adopt the resolution, stating the City's intent to ? vacate the subject right-of-way, and, set the public hearing for January 15, 1990. It was' moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2772, stating the City's intent to vacate that portion of McAdow Avenue lying between Block 49 and Block 47 of the Northern Pacific 12-18-89 ~ .. - 5 - 't" Addition, and further lying between Front Street and the east/west alley to the south, and set the public hearing for January 15, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, CommIs- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - candidate for a intment as District 10 Chairman for the Montana Lea ue of Ities and owns City Manager Wysocki stated the League Office has asked the Commission to nomi- nate someone to serve as the District 10 Chairman on the League Board. He noted that Commissioner Vant Hull served in this capacity; and Mayor Stiff was recently appointed. Commissioner Martel suggested this item might be more appropriately considered af- ter the new Commission has been seated; Mayor Stiff responded the appointment may need to be made before that time. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that Commissioner-Elect Swanson be nominated to serve as Chairman for District 10 of the Montana League of Cities and Towns. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Commissioner Martel abstained. Update re planning process City Manager Wysocki stated that, included in the Commissioners' packets were a letter from Charles Paden, 507 Ice Pond Road, concerning the planning process along with a memo of response from City Attorney Becker. Planning Director Epple stated that Mr. Roger Craft, Chairman of the City-County Planning Board, has indicated a willingness to comply with the conclusions set forth in the City Attorney's memo. He stated, therefore, that no public hearings on the zone code documents will be scheduled until after the master plan has been adopted by the City. He noted at this time, it is anticipated the City-County Planning Board will hold its public hearing on that document at its regular February 1990 meeting. Mr. Paden noted he had raised the issue of holding public hearings on the zone code before the master plan has been adopted. He stated that if the hearings on the zone code are to be deferred until after the master plan has been adopted, his concerns have been addressed. Commissioner Hawks stated he had not anticipated that the public hearing on the master plan would be continued until January 15, 1990, to allow for submittal of written comments until January 10. He then asked when the decision on the master plan can be made. 12-18-89 . .. - 6 - Planning Director Epple suggested that the master plan could be adopted at any time after closing of the public hearing, including January 15. In response to a question from Mayor Stiff, the Planning Director indicated that the Planning Board plans to conduct its public hearing on the entire zone code, including the sign code and historic preservation section. He noted that if the Commissioners determine it appropriate, they may separate those sections from the main document for their delibera- tions. Mayor Stiff reiterated his position, noting he feels that the sign code and historic preservation sections should be addressed separately. The Planning Director then stated that the City-County Planning Board still plans to conduct its informational session on the zone code at 7: 00 p.m. on Thursday, December 21, in the Community Room of the Courthouse. He then distributed to the Commission copies of the third draft of the 276-page zone code, noting the sign code is not included in these copies of the draft. He also noted that approximately thirty pages of tables are still missing from the document because they have not been completely drafted. He noted those additional pages will be distributed as soon as they have been finalized. In response to a question from Commissioner Vant Hull, the Planning Director stated that Planner Ron Brey has been working with members from the City-County Planning Board to redraft the sign code to more closely reflect the ad hoc sign committee's code recommendations in the BRW format. Commissioner Vant Hull noted that KGL T is sponsoring a call-in program concerning the zone code at 6:30 p.m. on Wednesday, at which time Mr. Roger Craft will respond to questions; and the public information meeting has been scheduled before the City-County Planning Board at 7:00 p.m. on Thursday. She then asked if any other public meetings have been set for disseminating information on that document. Planning Director Epple responded he is not aware of any other scheduled meetings. The Planning Director then reminded the Commission that the County Commission has scheduled its public hearing on the master plan for January 9, 1990. He further in- dicated that the ad hoc implementation committee has scheduled a meeting for 7:00 a.m. on Wednesday, December 20, for a conceptual discussion on the revised documents. Discussion - staff re ort re methods of assessment for landfill and cyc ing The City Manager submitted to the Commission a memo from Director of Public Ser- vice Forbes raising several of the major issues which must be addressed during this dis- cussion, along with the various options and his recommendations. Director of Public Service Phill Forbes stated that his recommendations include rais- 12-18-89 , ... - 7 - ing the landfill gate fees to $20 per ton with additional charges for speciality materials; and the current rate is $10 per ton with some additional fees. He stated that handling re- quirements at the landfill for the speciality items, such as uncut wire and whole tires, war- rant the increased fees. The Director noted that the $1 per tire charge proposed is the same as that char- ged by some of the other municipalities in Montana. He indicated that a shredder which splits tires in half can be purchased for approximately $10,000; and a shredder which cuts the tires into six-inch sections costs around $70,000. He then noted that the cut tires take up one-tenth of the landfill area that whole tires do. In response to a question from Mayor Stiff, the Director indicated that the landfill gate records show that the City has accepted 431 tons of tires in the past eleven months. He then estimated that a tire weighs twenty to thirty pounds. Director of Public Service Forbes stated that the scales have been used at the land- fill for the past twelve months; however, only eleven months worth of data Is available for background information. He noted that the data is broken down into various categories of solid waste; and that has been used as the basis for the proposed rate structure. Commissioner Vant Hull noted the blind students at MSU made door mats from tires one year, suggesting there may bea market for recycling tires. The Director responded that market would probably be small in comparison to the number of tires available. Mayor Stiff stated support for the proposal as submitted. He noted that Director of Public Service Forbes has suggested that the City contract with a private firm for re- cycling, rather than undertaking that process itself, with the proceeds to be divided be- tween that firm and the City. He then suggested that purchase of a tire shredder from the speciality fees could be done at no additional cost to the City; and the extended I ife of the landfill and ease of handling would be beneficial. Director of Public Service Forbes indicated he has recommended that fees be in- creased to generate monies to cover costs of future operation of the landfill. He reminded the Commission that after the landfill is closed, the City is responsible for thirty years of monitoring. He stated that, even if the City gets out of the landfill business, there should be adequate monies from the fees charged to cover those costs for that thirty-year period. He further indicated that the proposed fee schedule should encourage people to use the item one more time if possible before throwing it away. He suggested this should change the pattern of solid waste disposal; and that will have a dramatic impact on the revenues generated from the fees proposed. The Director stated that under his proposed landfill gate fee structure, a $5 fee would be assessed for the first uncovered load taken by a company; and an additional $5 fee would be assessed to each subsequent load from that company. He noted at the pres- 12-18-89 l .. - 8 - ent time, some companies pay the $5 fee each Hme; and this change would encourage them to cover thei r loads. The Director of Public Service reminded the Commission that this is a very prelimi- nary discussion, noting he has Identified several issues which must be addressed early in the process. He then cautioned that implementing this program will be a lengthy process. Mayor Stiff expressed concern about the proposal of City composting of yard wastes. He noted that this operation could create an odor problem, particularly if done on a large scale. Director of Public Service Forbes responded that he has a substantial amount of in- formation on solid waste disposal, including composting. He stated it appears this could be a forgiving natural process in which the odor can be controlled. He then suggested that the City should undertake that option on a pilot program basis, rather than entering a full-scale program immediately. Commissioner Vant Hull stated there are several private yard composts around town. She then suggested that individuals should be encouraged to compost on their own yard wastes, rather than having the City compost for them. In response to a question from Commissioner Hawks, the Director noted that the City trucks collect 30 percent of the goods, by weight, which are buried in the landfill. He noted the other 70 percent is brought to the landfill through sources other than the City's collection service. The Director of Public Service stated that in his memo, he suggests that the base rate structure be based on two cans per unit per week. He stated that he has since thought about that recommendation and determined the base may be too high. He further noted that the Seattle operation is based on subscription to a requested number of a spec- ified size of City-provided containers per customer; and collection of any additional gar- bage is billed in addition to the base rate. He expressed concern about the cost the City would incur to implement this type of program; however, he suggested it may be worth considering. The Director encouraged that, if this option is utilized, the containers be compatible with a mechanized collection system. He then expressed concern that this type of program requires the driver of the truck to become a bookkeeper as well, rather than devoting all of his attention to safety in collection. Commissioner Vant Hull noted that in East Lansing, Michigan, small users of the system can purchase plastic garbage bags from the City; and that cost is equal to the col- lection charge. She suggested that might be a viable option here. Mayor Stiff stated he feels the proposed program would provide an equitable dis- tributlon. He noted that public education will be an important part of the process, sug- gesting that its costs could be funded through cost avoidance, such as shredding of tires. 12-18-89 ... T .. - 9 - He noted that staff has addressed this issue, which could be extremely controversial, very well. He then commended the City staff, including the City Manager and Director of Pub- I ic Service, for the work they have done on this issue. In response to a question from Commissioner Martel, the Director of Public Service indicated he based is $20 per ton landfill fee structure on the eleven months of historic data available. He noted that the current $10 per ton fee structure will not adequately cover all of the costs incurred, particularly under the new EPA regulations. He then stated that the information distributed by EPA provides a national estimate of $50 per ton for operation of landfills under the new Sub-title D regulations. Commissioner Martel noted that the water, sewer and garbage collection activities of the City are all enterprise funds; therefore, the costs of operation must be covered by the revenues generated through user fees. He noted that care should be taken to avoid cre- ating a reserve for new landfiJI acquisition under the proposed increase in landfill fee structure. The Director indicated that his recommendation is based on the cost of current op- erations plus monitoring for thirty years after closure. He stated it is important that the City not incur those costs for monitoring, particularly If the City is no longer involved in landfill operations. Commissioner Goehrung asked if it would be beneficial for the City to acquire a chipper for tree branches and lumber from ,demolition and construction. ~, The Director of Public Service stated a chipper could be' useful. He noted that it could be used in composting of, yard wastes, as well as in' the landfilling operation. Commissioner Goehrung;; noted the Commission has established the issue of recycling as a goal for this year; and staff has worked toward that end. He then asked the Direc- tor of Public Service if he has adequate base data to be comfortable with his recommenda- tions. Director Forbes responded that he is comfortable with the base data he has at the present time. He cautioned the Commission, however, that the proposed change in fee structure and handling of solid wastes will likely create a tremendous change in the way people operate. He noted that a dramatic change in historic patterns should be anticipat- ed. Mayor Stiff reminded the Commission of their recent discussion with the County concerning development of a long-term solid waste management plan; however, he noted that will have no impact on this issue. He then suggested that the City's implementation of pilot programs in the areas of recycling and composting could be beneficial in future City-County considerations of the solid 'waste issues. Director of Public Service Forbes stated that literature reveals that in most states, 12-18-89 ~ ". - 10 - the State has taken more of a leadership role In solid waste management options. He noted that in Montana, the State has not taken any kind of role; and Cities are left to struggle on their own. He stated that with the present one and one-half persons in the Solid Waste Bureau, the State cannot consider expanding its operations in this area, either. City Manager Wysocki stated that staff pursued the availability and cost of recycled paper for City operations. He noted that the cost of recycled copier paper is substantially higher than regular paper. He suggested that in custodial supplies, recycled paper prod- ucts could probably be considered. Commissioner Vant Hull suggested that City employees could be encouraged to make note pads from paper that has. been used on one side, thus saving in that area; the City Manager responded some employees are already following that procedure. Commissioner Vant Hull then suggested that the City consider acquisition of a fur- nace which would burn used motor oil to heat the City Shop complex. The Director noted that a number of local service stations burn used motor oil. He then expressed concern about collecting and burning used motor oil, particularly since it would be difficult to determine all of the chemicals or other compounds that might have been dumped in with that oil. Commissioner Vant Hull indicated she feels it could be beneficial for the City to provide a used motor oil dumping area for County as well as City residents. She suggest- ed that people may then dispose of their oil in a more proper manner. The Director of Public Service noted that the various elements of solid waste dis- posal cannot be successfully legislated; rather, the people in the community must become actively involved in the process. He then asked for direction from the Commission before proceeding to the next step. Commissioner Martel suggested the 10-cents-per-pound for demolition materials might be too high, particularly since it weighs quite a bit and is usually in quite small pieces. The Director stated he feels that the concept of extra charges for any materials which require extra handling at the time of disposal or on a long-term basis, noting the amount could be adjusted if determined appropriate. He then stated that 3 percent of the total garbage buried at the landfill during the past eleven months was under the category of demolition materials. The Director of Public Service stated he included pictures on the last page of his memo, although they did not reproduce well. He noted the first two show how much card- board is discarded at the landfill. The bottom two pictures show how uncut wire becomes tangled around the compactor's wheels. The Director then stated it is important that the City's recycling efforts not com- pete with private recycling efforts, but that the private concerns be invited to participate 12-18-89 -- .--- 1 .. - 11 - with the City. Commissioner Goehrung suggested that a timeframe or proposed schedule for imple- mentation of recycling efforts could be beneficial. He also suggested that summer interns could be utilized to provide community education on issues such as composting and the options for sizes of garbage cans. The Commission thanked Director of Public Service Forbes for his presentation. Ms. Ursula Neese, Bozeman Recycling Coalition, stated the Director of Public Ser- vice has submitted a good presentation. She then urged the Commissioners to resurrect the packet of information she submitted in March 1989, noting that contains information which could answer some of the questions they have raised. She noted there are still a number of questions which need to be answered and figures to be determined. She then stated support for the proposal as submitted. Mr. Rick Meese, Bozeman Recycling Coalition, stated that 41 percent of municipal solid waste is paper or paper board. He then stated that only 10 percent of the paper products made are non-recyclable in some manner. He distributed to the Commission a fact sheet on recycling, printed on recycled paper. Mrs. Mary Wagner stated she represents a newly-formed group at the Pilgrim Con- gregational Church called "Advocates for Individual Change." She stated their present concern is to educate and promote recycling in the community, briefly highlighting the ef- forts their church will undertake during the month of January. She noted that during the past three weeks, she has contacted other churches in the community in an attempt to de- velop an ecumenical recycling effort. She indicated that churches would be a good medium for promoting this issue, not because of their composition but because they are an existing organization. Mrs. Wagner stated the advocate group proposes to develop a poster with a logo which will be readily Identified with the community's recycling effort. She noted these posters could be distributed in various places throughout the community in an effort to increase public awareness. She Indicated It should cause people to change their lifestyles to Include recycling, since change must begin from within the Individual. S rea k - 3: 40 to 3: 45 p. m . Mayor Stiff declared a break from 3:40 to 3:45 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1990 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1990. A total of 46 applications have been received, along with the 12-18-89 .. . - 12 - required fees. City Manager Wysocki presented to the Commission the following list of establishments which have made application and paid the required fee: APPLlCATrON-SFOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1990, APPLICANt BEER W'INE LIQUOR TOTAL Albertsons 200 South 23rd Avenue $ 200.00 $ 200.00 $ $ 400.00 American Drug Stores, Inc. dba Osco Drug 1525 West Main Street 200.00 200.00 400.00 Bingo World, Inc. 237 East Main Street 200.00 200.00 400.00 Birch Bru, Inc. dba Super America 119 North 7th Avenue 200.00 200.00 400.00 Bozeman Restaurant & Lounge, Inc. dba Hol iday Inn 5 Baxter Lane 500.00 500.00 B.P.O.Elks #463 106 East Babcock Street 500.00 500.00 Bridger View Conoco 1417 North 7th Avenue 200.00 200.00 Cats Paw 721 North 7th Avenue 500.00 500.00 Colombo's Pizza & Pasta 1003 West College Street 200.00 200.00 400.00 Community Food Co-op 1011 West College Street 200.00 200.00 400.00 Empire, Inc. dba Black Angus 520 West Mendenhall Street 500.00 500.00 GranTree Inn 1325 North 7th Avenue 500.00 500.00 Haufbrau 22 South 8th Avenue 500.00 500.00 Heeb's Food Center 544 East Main Street 200.00 200.00 400.00 Hi "top Chevron 1007 East Main Street 200.00 200.00 Interstate Chevron 1230 North 7th Avenue 200.00 200.00 JW.s Hide-A-Way Lounge 1625 West MClin Street 500.00 500.00 Joe's Parkway 903 West College Street 200.00 200.00 400.00 John Bozeman's Bistro 242 East Main Street 200.00 200.00 400.00 K -Ma rt 1126 North '7th Avenue 200.00 200.00 400.00 12-18-89 -0 ~ -r - 13 - Kagy Korner, Inc. 1809 South Tracy Avenue 200.00 200.00 400.00 King Gallatin Corporation dba Rocky Mountain Pasta Co., Bacchus Pub, The Robin Lounge 500.00 500.00 Kwik Way, Inc. 401 East Peach Street 200.00 200.00 400.00 Lewis and Clark Motel 809 West Babcock 200.00 200.00 400.00 Me and Jan's Mini Mart 919 West College Street 200.00 200.00 400.00 Me and Janis I I 621 West Main Street 200.00 200.00 400.00 Mini Mart #728 717 West Col lege Street 200.00 200.00 400.00 Mini Mart #729 1910 West Main Street 200.00 200.00 400.00 Molly Brown 703 West Babcock Street 500.00 500.00 Pizza Hut of Bozeman 2300 West Main Street 200.00 200.00 Rocking R Bar 211 East Main Street 500.00 500.00 5MB, Inc. dba The Wine Merchant 27 East Main Street 200.00 200.00 Safeway Stores, Inc. 901 West Main Street 200.00 200.00 400.00 The Bowl 414 East Babcock Street 500.00 500.00 The Cannery Lounge 43 West Main Street 500.00 500.00 The Crystal Bar 123 East Main Street 500.00 500.00 The Filling Station 2005 North Rouse Avenue 200.00 200.00 400.00 The Great China Wall 525 Professional Drive 200.00 200.00 400.00 The Store, Inc. 1210 East Main Street 200.00 200.00 400.00 Town and Country Warehouse Grocers 220 North 20th Avenue 200.00 200.00 400.00 Town Pump East 803 East Main Street 200.00 200.00 Town Pump, Inc. 2607 West Main Street 200.00 200.00 400.00 Van's IGA 912 North 7th Avenue 200.00 200.00 400.00 12-18-89 " - 14 - Village Inn Pizza Parlor 806 North 7th Avenue 200.00 200.00 400.00 William's Pump & Pak, Inc. 2020 North 7th Avenue 200.00 200.00 400.00 Willie's Saloon 1332 East Main Street 500.00 500.00 TOTAL - 46 applications $6,200.00 $5,400.00 $7,000.00 $18,600.00 The City Manager recommended that the Commission approve the applications for re- newal of Beer, Wine and Liquor Licenses as listed. He then noted that not all of the ap- plications have been submitted to date; so those remaining will be submitted at next week's meeting for consideration. Commissioner Goehrung noted that he had abstained from voting on approval of the Community Food Co-op two weeks ago because he is a member of that organization. He noted, however, since it is included in a list of applications, he will vote on this agenda Item. Commissioner Vant Hull stated she is also a member of the Community Food Co-op. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1990 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - policy for sister cities Mayor Stiff noted that a draft policy was included in the Commissioners' packets, as prepared by staff at the Commission's direction, along with a copy of a letter he has just received from Wendy Bay Lewis, Montana Council for International Visitors, and a memo from Commissioner Vant Hull. The Mayor noted that in her letter, Mrs. Lewis indicates the MC IV is pursuing an "international affairs policy", which is similar to the sister cities program but is much more comprehensive. He indicated that with this change in thrust, Mrs. Lewis has verbally in- dicated that the MCIV is not prepared to become an umbrella organization for the sister cities program at this time. He further noted that Mrs. Lewis has requested that he and Mayor-Elect Hawks provide letters of support for their grant application for the "interna- tional affairs policyll. Mayor Stiff then stated a desire to see this policy dealt with prior to the end of the month, since a new Commission will be seated in January. Commissioner Hawks stated that the MCIV' has expressed an interest in participating in the sister cities program at some level; however, the Board has not determined to what 12-18-89 'r - 15 - extent and is not prepared to make that decision at this time. He then stated he is in ba- sic agreement that the Commission needs to establish guidelines for this program; however, he feels it is premature. Commissioner Hawks then addressed the draft policy, as submitted to the Commis- sion. He expressed concern that the proposed policy specifically states that the City shall not actively pursue designation of sister cities, noting there may be times when the City wishes to do so. He concurred that citizen participation is necessary to make a sister city relationship successful. He further noted that the policy would limit his role, as a Com.... missioner, in a sister cities relationship. ., Mayor Stiff reminded the Commissioners that, although their roles as Commissioner may be limited, they are still private citizens of the community and may act in that capaci- ty in whatever role they desire. He then stated he feels it is important that one person's emphasis and desires not be imposed on all of the Commissioners. Commissioner Hawks then noted that the second page of the draft policy lists a number of issues which could be addressed In correspondence. He noted that such a list should not be limiting, suggesting it should be expanded if it is to be included in the pol- icy. Commissioner Vant Hull stated she feels the proposed policy is more prohibitive than the short policy suggested by Wendy Bay Lewis during her presentation several weeks ago. She then expressed concern about the types of restrictions placed on those commu- nities which would qualify for sister city designation, noting that they are much too strin- gent. Commissioner Martel noted this draft is the first attempt to address the concern he raised during deliberations concerning designation of Rivas, Nicaragua, as a sister city. He stated he feels there are some minor language problems In the draft policy. He further noted that the MCIV is the logical umbrella organization for this type of program; howev- er, they have indicated they are not yet prepared to accept such a designation. He then noted that the City should not take an active role in this program; however, it does as- sume a passive one by issuing a proclamation. Commissioner Martel then stated support for submitting a letter of support for the grant appl ication as requested by Wendy Bay Lewis. He noted that he feels that having MCIV serve as the umbrella organization would be a natural by-product of the comprehen- sive program she is proposing. He then stated he does not agree with the memo as sub- mitted by Commissioner Vant Hull. Commissioner Goehrung stated appreciation for the draft policy, noting he feels some of the elements in It should be combined with the work being done by the MCIV. He then encouraged that this issue be pursued, with a policy being formalized as quickly as 12-18-89 ., , - 16 - possible. Mayor Stiff thanked the staff for preparing this draft policy for Commission consid- eration. He then encouraged the new Commission to pursue adoption of a formalized polley that will complement the MCIV programs. Commissioner Vant Hull suggested that a letter of support signed by the entire Commission might be appropriate. The Commissioners concurred. Appointment of sixth member to CDBG Loan Review Committee The City Manager submitted to the Commission a memo from Commissioner Vant Hul I, along with a letter from the Bozeman Housing Coalition. Mayor Stiff briefly reviewed the provisions of Commission Resolution No. 2756, adopted in July, which states in part "... selected from the following areas and disci- plines: real estate financing; the construction industry; real estate sales; low- and mod- erate-income persons; the legal profession; ... II He then stated that he sat in on a meet- ing of the Board of Directors for the United Way last week; and he noted there is a sub- stantial amount of difference between people who represent low- and moderate-income per- sons and those who are low- and moderate-income persons. He further noted this resolu- tion, as written, does not provide for a representative from a group representing low- and moderate-income persons but requires that the member be a low- or moderate-income per- son. He stated that to change this appointment process to allow for appointment of some- one to represent low- and moderate-income persons will require a change in the resolution. Commissioner Vant Hull stated she feels that an advocate for low- and moderate- income persons could fill the position well. She further noted the advertisement published in August stated in part "... for a representative of low- and moderate-income persons. II Commissioner Hawks suggested that the intent of the resolution be considered dur- ing these del iberations. City Manager Wysocki stated that if the Commission wishes to appoint a representa- tive rather than a low- or moderate-income person, the resolution should be changed to reflect that change in Commission attitude. Commissioner Goehrung suggested that a group such as HRDC could identify the low- c:lnd moderate-income Individuals who would be eligible for appointment to this posi- tion, rather than having City staff attempt to gather the information to make that deter- mination. He noted the Commission and staff may be more comfortable with that approach than the one currently being fol lowed. Commissioner Hawks expressed concern about disclosure of one's income, no matter who its to. He then suggested that the Commission accept by faith those applicants who state they meet the low- or moderate-income guidelines. He also indicated he feels that an 12-18-89 .. " - 17 - advocate of that group could also be appointed and provide good representation for that segment of the community. Commissioner Martel noted that the resolution sets forth the specific requirements for membership on the CDBG Loan Review Committee. City Attorney Becker stated the advertisement for the position was written in con- formance with the language contained in the resolution; however, he noted that it can be read two different ways. He then encouraged that the resolution be revised if the Com- mission wishes to appoint a representative rather than a low- or moderate-income person. He then raised a concern about the sixth voting member position, noting it could lead to tie votes. Commissioner Hawks stated support for revising the resolution prior to appointing the sixth member to the Committee. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize and direct the staff to prepare a resolution clarifying that the sixth-member position may be filled by a representative of low- and moderate-income per- sons or a low- or moderate-income person . The motion carried by the following Aye and No vote: those voting Aye being ,Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1) Notice of a meeting, sponsored by the Bozeman Area Chamber of Commerce, on Missoula's sign code, to be held at 6:00 p.m. on Wednesday, December 20, at the Holi- day Inn. (2) A letter from the Department of Highways to Michael Delaney concerning plans for U. S. 191 from Bozeman to Four Corners. (3) Letter of resignation from the Library Board of Trustees, as submitted by Elaine Schlenker. (4) The City Manager presented his weekly report, as follows. (1) Street crews have spent a considerable amount of time maintaining streets due to the snow and ice. (2) The new Commission held its retreat on Saturday, at which time he distributed a com- pilation of selected State statutes. (3) He attended an MMIA Board meeting on Friday I at which time he was selected as Chairman of the Board. (4) The TAC/PCC meeting was held on Thursday. Items of consideration included revised by-laws and reorganization of the two bodies into a Transportation Coordinating Committee, including the provisions of a citi- zen advisory committee. He noted the newly created committee would have sixteen mem- 12-18-89 0 (' - 18 - bers, including citizen representation for the City as well as the County. (5) The Recre- ation Department is involved in Christmas-related activities. (6) He met with representa- tives from the Science and Technology Alliance concerning the Lattice Corporation's re- quest for funding, noting the attitude seemed to be quite favorable. (5) Commissioner H~wks encouraged anyone interested to submit an application for a President's Volunteer Action Award. Commissioner Vant Hull indicated she has taken an application to fill out. Mayor Stiff asked the Clerk to distribute co'pies,to the Senior Center and Library for their consideration. (6) Commissioner Martel expressed concern about utilizing a public building for a private party as a result of the party held In honor of Commissioner Vant Hull's retirement at the Public Library on Sunday afternoon. (7) Commissioner Goehrung encouraged the Commission to send a letter of con- gratulations to the employees at the Waste Water Treatment Plant for recent receipt of the sludge program award. The Clerk wi" draft a letter during the upcoming week for Commission consideration next week. Consen t Items City Manager Wysocki presented to the Commission the following Consent Items. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the Consent Hems as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Recess - 4:30 p.m. Mayor Stiff declared a recess at 4:30 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled publ ic hearings. Reconvene - 7:00 p.m. .". ,. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the 12-18-89 . " - 19 - scheduled public hearings. Public hearing - application for CDSG economic development monies - Lattice Corporation This was the time and place set for the public hearing on submittal of an applica- tion for Community Development Block Grant economic development monies on behalf of Lat- tice Corporation. Mayor Stiff opened the public hearing. Planning Director Andy Epple reminded the Commissioners that several weeks ago, he forwarded to them a copy of Information submitted during the preapplication process; and sUbsequently the Commission received a letter from the Department of Commerce re- questing that a full application be submitted. He noted this application is for $150,000 in economic development monies for a total $465,000 project. He stated that the monies will be utilized to purchase the old Montana Power Company building and equipment as well as assistance for on-the-job training. The Planning Director stated that Lattice Corporation produces crystals which are used in the laser diode and laser instrumentation industry. He stated that under this project, the company will provide nine low- and moderate-income jobs. Planning Director Epple stated that under this application, the Department of Com- merce will grant $150,000 to the City of Bozeman, which will then be loaned to Lattice Cor- poration at a reasonable interest rate. He noted that the monies will then be repaid over a ten-year period, the same as the existing loans to Schnee's Boot Works and I LX light- wave. He stated that the monies from repayment of the loan can then be utilized for other economic development activities in the future. The Planning Director cautioned the Commission that approval of the preapplication and the request for submittal of a full application does not automatically result in approval of the application. He noted that, based on the preapplication, the Department of Com- merce has requested the additional data to create a full application, a substantial portion of which is financial data on the business itself. He also noted that a hiring and training plan must be submitted as a part of the application. The Planning Director stated he hopes to have the application prepared and set by the end of this week, noting that staff is working with staff members from Lattice Corpo- ration to meet that deadline. He then introduced those representatives from Lattice Corpo- ration who are present at this meeting, including John Tengelsen, President; Carl Seelhoff, Director of Operations; and Randy Dugger, accountant. Mrs. Dixie Swenson, Executive Director of Gallatin Development Corporation, sub- mitted to the Commission a letter of support from Mike Reichman, President of GDC. She noted that Lattice Corporation adds to the nucleus of high technology manufacturing firms 12-18-89 . .' - 20 - in Bozeman, which is the type of business this area hopes to attract. Mr. Jeff Rupp, Executive Director of the Human Resources Development Council, stated his support for this application. He noted that he has helped to prepare the hiring plan for Lattice Corporation. He stated that under this proposal, low- and moderate- income individuals have an opportunity to obtain jobs which will eventually pay up to $6.00 or $6.50 per hour; and excel lent health benefits are being proposed as wel I. He then en- couraged Commission approval. No one was present to speak in opposition to the proposed application. Mayor Stiff closed the pUblic hearing. City Manager Wysocki presented Commission Resolution No. 2773, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2773 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT MONIES. The City Manager recommended that the Commission adopt this resolution, which will authorize submittal of the application. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2773, authorizing submittal of the applica- tion for CDBG economic development monies on behalf of Lattice Corporation. 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. Public hearing - Conditional Use Permit - Frank Coyle - allow the installation of a second free-standing commercial sign as modification to existinq conditional use permit - Lot 5, Block 3, Bridger Center SubdIviSIon (621 Bridger Drive) This was the time and place set for the publiC hearing on the Conditional Use Per- mit requested by Frank Coyle to allow the installation of a second free-standing commercial sign as modification to existing conditional use permit on Lot 5, Block 3, Bridger Center Subdivision. The subject site is more commonly located at 621 Bridger Drive. Mayor Stiff opened the public hearing. Planning Director Epple presented the staff report. He stated the subject property is located in an M-1- T -4, Commercial--Light Manufacturing with a Transitional Overlay, Dis- trict. He noted that this application has been submitted because he could not determine that a second free-standing sign could be construed as a minor modification to an existing conditional use permit. The Planning Director reminded the Commissioners that last year they approved the 12-18-89 " . - 21 - conditional use permit which allowed Baldy Mountain to operate as a sporting goods, mini- grocery and gas station facility at the subject location. He noted that the applicant is in the process of installing the on-site improvements which were required for approval of the conditional use permit. The Planning Director briefly reviewed the location of the buildings and gas pumps on the site, as well as the existing free-standing sign. He then noted that items to be reviewed under this "T" designation include the signage, indicated that special consid- eration is to be given in that area due to the fact this is an entryway to the community; and the subject site is located immediately across the road from a mobile home park. He then reminded the Commission that during approval of the original conditional use permit, considerable attention was given to signage; and one free-standing sign was determined acceptable. Planning Director Epple stated that at its regular meeting of November 28, 1989, the Zoning Commission considered this application. He briefly highlighted the six criteria for review of conditional use permits as well as the criteria for the "T" designation review. He noted that following its consideration of those criteria items, the Planning staff recom- mended denial of the application; and the Zoning Commission concurred in that recommen- dation. He noted they concurred that the size and scale of the proposed second free-standing sign is not appropriate along this entryway to the community. Mr. Frank Coyle, owner of Baldy Mountain Ski and Supply, stated he has pursued becoming a Sinclair station because being a small Independent station is a thing of the past. He noted that to become an operator of a name-brand station Increases the profit from sale of gas as well as attracts customers. He then stated that the one free-standing sign he has instal led was approved as a reader board sign; however, he noted that through customized development of the sign, he omitted that portion because it did not blend with the sign. Mr. Coyle then stated he has two 8-foot by 8-foot off-premise signs for his busi- ness--one located on Griffin Drive and one located on North Rouse Avenue. He indicated he would be willing to remove those signs, particularly if the Commission were to approve his request for a second free-standing sign on his site. He recognized the need for a sign code and for limiting the signs Installed ; however, he stated his business should be given equal footing in signage as other businesses have. Mr. Coyle stated he has improved the subject site considerably over the past two years and requested that the Commission give favorable consideration to his application, which would allow installation of a Sinclair sign, which would be the second free-standing sign on his property. Commissioner Martel asked it if would be possible to incorporate the Sinclair sign and logo in the existing free-standing sign. 12-18-89 - ." > - 22 - Mr. Coyle stated he considered that possibility and rejected it. He further noted that Sinclair also has considered and rejected that suggestion. He stated that, although Sinclair has a rather flexible policy, they require that their free-standing sign be in- stalled by itself. He then noted that the sign proposed for his location is n feet wide and 10 feet high, including the reader board for pricing; and that is the smallest sign they have. He indicated the distance from the ground is flexible, depending on the height of poles used. Planning Director Epple suggested that, if the Commission considers approval of this application, the Sinclair sign should be ground-mounted rather than mounted on poles. In response to a question from Commissioner Vant Hull, the Planning Director stated the two off-premise signs do contribute significantly to the visual clutter along North Rouse Avenue and Griffin Drive. He noted, however, that the proposed Sinclair sign would not meet the sign code as drafted, and may not meet the code after its adoption. He noted that would cause a non-conforming sign which would then be subject to the amor- tization schedule and, therefore, would need to be removed. The Planning Director then stated there is merit to Mr. Coyle's willingness to remove the two off-premise signs as part of approval for this requested sign; however, staff must maintain its recommendation of denial. Commissioner Martel asked if Sinclair would agree to a ground-mounted sign; Mr. Coyle responded he must ask, but he feels it would be acceptable. Mr. Coyle stated he has pursued the option to sell Sinclair gas for approximately one year; and it has taken a substantial amount of time and planning. No one spoke in oPPosition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. Commissioner Hawks asked how many free-standing signs would be allowed if more than one business were located in one building. The Planning Director responded that only one free-standing sign is allowed per site. He noted that if more than one business is located in that structure, a free-standing directory sign may be installed. Commissioner Hawks noted that under the new sign code, companies may be re- quired to adjust their signs to conform. He then concluded that a second free-standing sign is now allowed under the current regulations; and the sign would more than likely be non-conforming under the new code. Commissioner Martel stated that the proposal to remove the two off-premise signs in exchange for installation of one more on-premise sign could be beneficial to the appearance of the community. In response to a question from Commissioner Goehrung, the Planning Director in- 12-18-89 ~ - . . - 23 - dicated a facade-mounted Sinclair sign would be acceptable under the BRW sign code; how- ever, it must meet certain size limitations. In response to another question from Commissioner Goehrung, the Planning Director Indicated the name of the business is not on the building, but is listed only on the free-standing sign. Mayor Stiff noted that to approve this request would set the applicant up for the requirement to conform with the new sign code in the near future. through the amor- tization process. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the customary one-week waiting period be waived. 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. City Manager Wysocki reminded the Commission that this is a conditional use permit; therefore, they may approve it with conditions. He reminded them, however, of the dis- cussion concerning possibly setting Mr. Coyle up for a need to change the sign to conform with the new sign code within a short period of time. Commissioner Martel noted the Commission must consider this application in light of the existing sign regulations. He noted the applicant has been made aware of potential problems under the new sign code; and he must make his decision on whether to proceed based on that information. Commissioner Hawks stated he Is sympathetic with this request; however, he noted that the intent of this "T" zone is to limit the proliferation of signs along the roadway. Commissioner Vant Hull concurred with that comment. Commissioner Martel stated the possible trade-off through removal of the off-premise signs should be taken into consideration in the decision-making process. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Conditional Use Permit requested by Frank Coyle to allow the installation of a second free-standing commercial sign as modification to existing conditional use permit on Lot 5, Block 3, Bridger Center Subdivision, be denied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Com- missioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Adjournment - 7:57 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. 12-18-89