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HomeMy WebLinkAbout1989-12-26 , I ... .... . .. . ; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 26, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 26, 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 Acting Clerk of the Commis- sion Lathrop. The meeting was opened with the Pledge of Allegiance and a moment ,of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - December 4, December 11 and December 18, 1989 Mayor Stiff deferred action on the minutes of December 4, 1989 until next week. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the minutes of the regular meetings of December 11 and December 18, 1989 as amended. The motion carried by the following Aye and No votes: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung 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 the City , Attorney, entitled: ORDINANCE NO. 1298 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commission of their provisional adoption of this ordinance during the meeting of December 11, 1989 and recommended final adoption at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1298, fixing the monthly salary and official bond of the City Manager for Calendar Year 1990. 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. 12-26-89 ~- " ... .. . .. - 2 - , , , Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1990 This was the time set for renewal of Beer, Wine and Liquor Licenses for the Calen- dar Year 1990. A total of 22 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establish- ments which have made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1990 APPLI CANT BEER WINE LIQUOR TOTAL A La Carte 233 East Main Street $ 200.00 $ 200.00 $ $ 400.00 Alpine Sinclair 1310 North 7th Avenue 200.00 200.00 American Legion Club 225 East Main Street 500.00 500.00 Banana Bay Bar & Grill 2825 West Main Street 500.00 500.00 Casa Sanchez 719 South 9th A venue 200.00 200.00 400.00 Chalet Market 2825 West Main Street 200.00 200.00 400.00 Conoco Travel Shoppe 1325 East Main Street 200.00 200.00 Fraternal Order of Eagles Aerie No. 326 316 East Main Street 500.00 500.00 Hinky-Dinky 5 Tai Lane 200.00 200.00 400.00 Little Johns Bar 515 West Aspen Street 500.00 500.00 Montana Pizza dba Godfathers Pizza 200 South 23rd 200.00 200.00 400.00 O'Brien's 312 East Main Street 500.00 500.00 PayLess Drug 2820 West Main Street 200.00 200.00 400.00 Price Rite Drug 910 North 7th Avenue 200.00 200.00 400.00 R & N Corporation dba Bozeman Hotel 321 East Main Street 500.00 500.00 Red Barn Wine and Cheese Shop 1534 West Main Street 200.00 200.00 400.00 Scoop Bar 712 West Main Street 500.00 500.00 Skaggs Alpha Beta, Inc. dba Buttrey Food 1601 West Main Street 200.00 200.00 400.00 12-26-89 . , . . - 3 - ~ , TeePee Gas 2230 West Main Street 200.00 200.00 The A veil ino 1235 North 7th A venue 500.00 500.00 The Sundance 120 North 9th A venue 500.00 500.00 VFW Club 321 East Main Street 500.00 500.00 TOT AL - 22 applications $2,400.00 $1,800.00 $5,000.00 $ 9,200.00 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, 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 Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. dated Master City Manager Wysocki presented Commission Resolution No. 2774, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2774 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA, DECLARING ITS INTENT TO ADOPT THE PROPOSED UPDATED MASTER PLAN AS RECOMMENDED BY THE CITY-COUNTY PLANNING BOARD. The City Manager noted this resolution declares the City's intent to adopt the proposed updated Master Plan as recommended by the City-County Planning Board, further Indicating the adoption would follow public comment and public hearing with possible re- visions. He then recommended adoption of the resolution. Commissioner Hawks commented he felt the Commission Room would be adequate to hold the number of attendees based on his observation of the last two public hearing at- tendances; Commissioner Vant Hull concurred. City Manager Wysocki reminded the Commission that the Clerk of the Commission will be accepting written comments until January 10, 1990, which should minimize the verbal input on the evening of January 15, 1990. Commissioner Martel voiced concerns that the room does not appear to be able to physically accommodate too many more chairs than what currently exists despite the fact that the room capacity states 63. Commissioner Vant Hull strongly suggested adding specific verbiage indicating that subsequent possible revisions to the Master Plan may be made following the City's scheduled public hearings and prior to final adoption of the Master Plan. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the 12-26-89 , . " .. . - 4 - Commission adopt Commission Resolution No. 2774, declaring its intent to adopt the pro- posed Updated Master Plan as recommended by the City-County Planning Board, as amended to include possible revisions following public hearing and comment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commission Resolution No. 2775 - revising the structure of the CDBG Loan Review Commit- tee City Manager Wysocki presented Commission Resolution No. 2775. as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2775 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE STRUCTURE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN REVIEW COMMITTEE, AND SUPERSEDING COMMISSION RESOLUTION NO. 2756. City Manager Wysocki referred to Section 1 of the resolution indicating there would be six voting members on the seven-member Committee, one each from the following areas and disciplines: real estate financing, the construction industry, real estate sales, a low- and moderate-income person or a person with a demonstrated commitment to the needs thereof, the legal profession, and the City's Finance Department. Commissioner Hawks suggested that the City staff designee, as CDBG Program Man- ager, not be specific to the Planning Department. The City Manager responded that the resolution can be so changed to reflect that, if the Commission desires. Commissioner Martel questioned the criteria whereby one is considered low- and moderate-income as well as how one would demonstrate his or her commitment thereto. The Commissioner also questioned how, under Section 4, three members would constitute a quorum, it being only 50%, when the total membership is seven. He further noted that the terms of office under Section 3 would change with this new appointment. Commissioner Vant Hull disagreed stating, according to Robert's Rules of Order, any number can be called a quorum if you establish it; following a search of the Rules, City Attorney Becker concurred. Mayor Stiff polled the Commission for their consensus of approval to the stated quorum, receiving an affirmative. Mayor Stiff commented he was not comfortable with the inference to the low- and moderate-income designee. He stated there is a preponderance of underemployed in Bozeman and he feels they should be allowed to speak for themselves. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2775, revising the structure of the CDBG Loan Review Committee. The motion carried by the following Aye and No vote: those 12-26-89 "" . ... . - 5 - '" . voting Aye being Commissioner Hawks, Commissioner Vant Hull and Commissioner Goehrung; those voting No being Commissioner Martel and Mayor Stiff. Appointment of sixth member. to CDBG. Loan Review Committee City Manager Wysocki presented the item stating there are two applicants for the position: Kate Mclnnerney and Shirley Powell. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that Commission appoint Kate Mclnnerney as the sixth voting member representing low- and moderate-income persons for an initial one-year term. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks, and Mayor Stiff; those voting No being Commissioner Martel. Update re planning process Planning Director Epple stated there were four brief items to report: Staff will be forwarding a summary of comments received by the Planning Office and also a summary of comments that are generated during the upcoming pUblic hearings. Mayor Stiff requested those comments be made available to members of the present Commission also. Responding to Commissioner Hawks' question, Planning Director Epple indicated that during the process there will be an overlap of meetings between the Planning Board and City Commission and their attendant comments. Regarding the informational meeting on the sign code, the Planning Director com- mented that some new issues were 'raised and are being addressed not only through the responsiveness of the City-County Planning Board, but also the Commission; that the addi- tiona I time allotted for publiccommentls,appredated. Consequently, a subcommittee com- prlsedof Planning Board members an? representatives of the community met with a number of business leaders and others from the community and re-drafted the sign code. He fur- ther stated staff has not been invotvedJn the 're-draft process. Planning Director Epple stated that th~ Bozeman Area Chamber of Commerce- sponsored sem~nar on the sign code of some weeks ago presented as speaker the Missoula Chamber of Commerce Executive Director. The discussion Included comments relating to Missoula's late activity in court which upheld that community's sign code as constitutional and legal; that is, the community's right to regulate signage through a comprehensive sign code. Director Epple further stated that some concerns have been addressed by the receipt of an updated diskette from BRW, Inc. thereby providing a far more comprehensive draft than that which was received on December 15; and, the final draft will not only include 12-26-89 . :..... '.~ """:~\ -, .. " . - 6 - . . this latest update, but will include input from the local subcommittee as well. The Planning Director Informed the Commission that January 8, 1990 is the next meeting date of the Planning Board to review comments and input; the County Commission will hold its public hearing on the Master Plan January 9, 1990; and, the City Commission will continue Its hearing at the meeting of January 1 5, 1990. Hearings on the formal, full zone code will be scheduled a minimum of fifteen days after action on the Master Plan. Discussion - possible adoption of an interim zone ordinance City Manager Wysocki presented Planning Director Epple's memo regarding an Inter- im Zoning Ordinance, commenting he didn't anticipate any action could be taken at this meeting. The City Manager stated the Commission is scheduled to conclude their public hearing on the Master Plan January 15, 1990, ergo, an Interim zoning ordinance with specific dates of tenure is being suggested by the Ad Hoc Implementation Committee. The City Manager reiterated the tenure of this ordinance would be for a period of six months, and would apply to those areas within the City limits as well as those areas one mile out- side the City limits. Commissioner Vant Hull suggested the final Zoning Ordinance would be in place long ~ It If before the six months; and, add "up to six months. in this Interim Zoning Ordinance. Commissioner Martel voiced serious reservations stating he feels it is unnecessary; secondly, the boundaries do not match with any existing boundaries or contemplated boundaries. The mechanics of this proposed ordinance smacks of a moratorium. Planning Director Epple responded that the one-mile limit is the maximum allowed by law. Commissioner Goehrung stated he feels that, should the staff consider the need ex- ists for such an ordinance during the transitional period, It should be adopted. Responding to Mayor Stiff's inquiry about Mr. Harry Grant's proposal, Planning Director Epple informed the Commission that the area beyond the one-mile control would be covered by this Interim Zoning Ordinance; and, the three-mile existing control would be covered by the current Zone Code. The current AS zoning district, from one to three miles beyond the City limits would be covered by the current zoning and, therefore, the Triple Tree proposal would not be affected by this Interim Zoning Ordinance. City Attorney Becker commented he would be more comfortable if this Interim Zon- ing Ordinance covered the entire three-mile jurisdictional area. Commissioner Hawks stated this' proposed ordinance is in no way considered to be a moratorium, rather to pu rsue the intent of the new Master Plan being presented to the publ ic is not undermined in the interlm~period. The Commissioner further pointed out that 12-26-89 c , . . ... . . - 7 - .' . on page two of the proposed ordinance, first paragraph, line six, the following should be added, II... could be in conflict with the new Master Plan and the intent ... II Commissioner Vant Hull concurred, stating she would like to add that the reason for this ordinance is to clarify to the public, and developers specifically, where they stand. Commissioner Martel disagreed with the concept of the proposed ordinance stating at this point in time it is all conjecture until the Master Plan is adopted. Planning Director Epple clarified that this proposed ordinance would not become ef- fective until the new Master Plan is adopted by the City Commission. The Planning Direc- tor further clarified that Triple Tree's proposaJ will be based on the new zone code gUide- lines. Commissioner Hawks clarified the intent Of this proposed ordinance by stating it would allow developers who are approaching the planning stage of their project guidelines and the Planning staff needed flexibility. The hearings could be continued to a date certain. City Manager Wysocki responded to Commissioner Hawks' question by stating adver- tisement must be by January 7 or seven days before the hearing of January 15; and by \ '." January 14 if the hearing is to be:' on January 22. Mayor Stiff polled the Commission; the consensus was to bring back this item dur- ing next week's meeting. Discussion - FYI Items The City Manager presented to the Commission the foHowing.IIFor Your Informatlonll items. (1) A Tentative Schedule of ISverlts of the City Commission clarifying the City Commission meetings of January 2 , 8 and 15, 1990. Commissioner Hawks suggested' hoJdjng the reception as late in the day as possible to allow the public's attendance. Commissioner Vant Hull voiced' surpt'ise at receiving this FYI item stating she, felt others had discussed this item, but notwHh her; further, why a hold-over mayor is re- quired when a quorum would be present during the meeting of January 8 who could choo,se from their number an acting presiding officer. She further suggested that, If we need a hold-over Mayor then we need a hold..over Commissioner; and the new Commission can operate by itself. Commissioner Vant Hull then requested it be put in the record. Responding to Commissioner Va'nt Hull's query, Mayor Stiff stated no one had asked him if he was or was not going to be present during the subject meetings; that his first knowledge of the subject occurred when he opened' his packet. 12-26-89 ~-'-~ " ~ "'", . -.. . ---------- . . . , - 8 - ~ . . t~ The City Manager carefully stated he does not appreciate the insinuation that ~ always manipulating. Commissioner Vant Hull stated she felt it would be an honor for the two newly seated Commissioners and the one old one, James, for him to preside at the meeting. Mayor Stiff reiterated there is absolutely no manipulation; he then requested a res- olution of the matter. The City Manager explained that on January 8, 1990, there will be two new Commis- sioners who will be sworn in giving a Commission of Frost, Knapp and Goehrung. He noted that Bob Hawks remains as Commissioner; and, he and Mr. Swanson will be out of the area at that time. The thought was that the swearing in of Swanson and the incoming Mayor to his office would take place on January 15. He stated that Mayor Stiff will be available for meetings through the 15th at which time he could relinquish the position of Mayor to the new, incoming Mayor. Commissioner Hawks asked if there is a legal reason to have a full five-member Commission seated after January 8, 1990. City Attorney Becker responded that the law provides that an incumbent serves un- til his successor is qualified; therefore, if you didn't have a successor qualified, then the Commissioner would serve unti I such time his successor is qualified. An oral pronunciation is required to uphold the constitution. Commissioner Martel stated he felt it necessary to pass the gavel; therefore, it is logical to follow the proposed Tentative Schedule as presented. Commissioner Goehrung stated he is comfortable with the City Attorney's and the City Manager's opinion and indicated a desire to pursue the Tentative Schedule. Mayor Stiff affirmed his presence at the January 8th meeting as proposed following the consensus of the Commission. City Manager Wysocki confirmed that both the meeting of the 8th and 15th will start 15m ...... at 2:00 p.m. with the reception on the....3tfrbeglnning at 4:00 p.m. due to the scheduled public hearings that evening at 7:00 p.m. (2) A memo dated 12/19/89 from City Attorney Becker regarding Commissioner- -elect Knapp's service on the Library Board. (3) A letter, dated December 18, 1989, from the Christmas Stroll organization. (4) A news release from County of Gallatin Indicating scheduled meetings con- cerning the future growth, planning and development of Gallatin County. (5) A proposed Commission letter to Wendy Bay Lewis regarding Montana Council for International Visitors. 12-26-89 -- - . .II' 1 ,-y.'... , ., . . . ~ . . - 9 - ..-- , . --. . ----.--~---- (6) A proposed Commission letter thanking Mr. Donald O. Noyes, Superinten- dent, Waste Water Treatment Plant, and his crew for their efforts toward the award from EPA for the City's sludge management program. (7) City Manager Wysocki submitted his weekly report as follows: (1) reported that landfill testing and monitoring proposals have been received to evaluate data collected; that Mr. Leiter of the State Environmental Sciences Task Force has requested this informa- tion. (2) The Water Plant went on 24-hour operations due to the ice buildup in Bozeman Creek. The well water is going into Bozeman Creek at three locations. (3) Over the weekend either Mary Vant Hull or Mike Ward reported there was a broken pipe in Bogert /0 Park at one of the well'S which was repaired. (4) Ice skating was started but then dis- ------ pen sed with due to warmer temperatures. (5) The fire at CVR Oak was a disaster to them. The Fire Department utilized the southside booster station to fight the fire; and, everything worked. (6) The graders are out on the streets attempting to move the snow ridges in the streets. (7) The Fire Department has received their new pumper truck. Equipment changeover is in process. The home base for this fire truck is the North Rouse fad I ity. (8) Mayor Stiff indicated the Commission has just received copies of letters from the National Intercollegiate College Rodeo Association regarding Bozeman's efforts to retain the Rodeo he re. (9) Mayor Stiff submitted a copy of Senator Max Baucus' reply concerning highway concerns. (10) I n connection with the CVR tragedy, Department of Commerce indicated they p ., ;;.1 would be recep~~to hearing from CVR Oak Designs. The Mayor stated that immediately following State-wide coverage of the fire, the Flathead Development Association and the Great Falls Development Corporation offered enticements to move the business out of Bozeman. The Mayor also commented that Dixie Swenson of the Gallatin Development Corporation would be in touch with the company stating it would be nice to keep this company in Bozeman. He then noted the Governor had also called regarding the fire. Consent Items Claims It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye 12-26-89 . . W,:" . . I 'i.,'.' .! IF . - L . - .. .. . - 10 - , -. and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 3:38 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be " adjourned. 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. 12-26-89 .~